Q.1 Describe and explain how juveniles were treated prior to the due process revolution of the late 1960s/early 1970s. This question is in relation to their due process rights.
Around the years in between the 1960s and 1970s, the Supreme Courts in the United States changed the system for Juvenile Justice. According to this system, there were different decisive actions that were implemented to present the notion that juveniles of receiving the due process based on the legal proceedings of the law. According to this, the Court presented facts that stated rights for the Juvenile and their acceptance being similar to that of an adult facing a trail (Ferdinand 1991). This was inclusive of the rights that was directed towards the ability to confront witnesses if needed, notices issues for changes, and the right to have an approach towards getting counsel. This became a sole factor towards the due process revolution aimed at increasing the limitations for the adult defendants. This revolution focused its emphasis on the due process but maintained its alignment with social justice concerns which were being characterized at the time of the early 1960s and late 1970s.
Q.2 To what extent are juvenile records truly “sealed” or confidential post one’s 18th birthday? Examine the readings, processes issues, and rights carefully here.
The basis for “sealing” an individual’s juvenile records depends on certain criteria, and these criteria’s differ from the legal system in place, in different states. For instance, there are states that will automatically seal an individual’s juvenile record after they reach a certain age, whereas there are states that demand a certain fee that the individual needs to pay before the juvenile records are made confidential (Easton 1980). Among some scenarios, there are cases where the legal system demands the individual to file a petition, which becomes a viable source for forwarding their appeal to conceal the records. The legal system, in some cases, expunge an offender completely of their records. Literally meaning to wipe their record clean and expunging them of prior delinquent offense. However, there’s a misconception related to “expunging” records. The legal system will be able to retrieve old records if the individual commits another offense in the future. This reflects the fact that an individual is never fully expunged of their delinquency records.
References
Easton, W. S. (1980). Expunging Criminal Records: A Judge’s Perspective. Wayne L. Rev., 27, 1391.
Ferdinand, T. N. (1991). History overtakes the juvenile justice system. Crime & Delinquency, 37(2), 204-224.
