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United States vs. China’s juvenile justicve system

    I.Introduction

    A.Who are considered juveniles?

    1.In the United States justice system, a crime committed by a person under the legal adult age is considered to be a juvenile. The classification of whom falls within legal adult age varies depending on the state. (http://criminal.findlaw.com/juvenile-justice/juvenile-justice-background.html)

    a.Most states including the District of Columbia and others within Federal Districts consider any person under the age of eighteen to be a juvenile.

    b. In certain states such as New York, Connecticut, and North Carolina, a juvenile is considered to be age sixteen or younger.

    c.Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, South Carolina, Texas and Wisconsin have instilled the juvenile age to be seventeen or younger.

    2.The juvenile age under Chinese law is sixteen years old. According to Chinese law, person’s aged between fourteen and sixteen are considered juveniles. Offenders who fall below fourteen years of age are exempt from criminal punishment.

    II.Chinese Juvenile System

    A.China’s juvenile law system is more lenient in that the protection and future crime prevention is the focus. (http://www.chinahumanrights.org/CSHRS/Magazine/Text/t20090727_477546.htm)

    B.The Welfare model of New Zealand and its contribution to China’s justice system. (Reichel 276)

    1.China uses the responsibility and accountability aspect of the justice model

    C.Laws which help to balance punishment and protection of juveniles (Reichel 282).

    1.The law on protection of minors ( 1991) protects a minor’s rights and interests.

    2.The law on delinquency prevention (1999) enforces the juvenile justice system. Juvenile offenses are classified into three categories:

    a.juvenile misbehavior

    b.serious juvenile misbehavior

    c.juvenile criminal law violations

    III.American Perspective on Juvenile Justice System

    A.Juvenile offenders are considered to be delinquent and fall within the status of a minor depending on the type of offense. Although juveniles may commit the same crime as an adult, the intent and punishment may vary.

    1.Running away from home, under aged consumption of alcohol, and unlicensed driving are a few status offenses

    2.When a status offense occurs, it is often dealt with by Social Services.

    B.Juvenile Delinquency Court Process

    1.According to the Minnesota Judicial Branch, The state must first file a petition or citation on the alleged crime. The parents/guardian are then sent a summons followed by fingerprinting on a felony charge. After the first appearance in court the offender’s charge is proven court, thus leading to the determination of delinquency. (http://www.mncourts.gov/selfhelp/?page=2046)

    2.Juveniles go through adjudication hearings instead of trials unless tried as an adult.

    C.Juvenile Punishment

    1.Abolishment of death sentence for juveniles in the U.S. ( 2005)

    IV.Similarities among Chinese and United States Juvenile System

    A.Laws are depending on the region of the country.

    B.Ways in which juveniles are rehabilitated to be fit for society.

    V.Personal Comparative input on US v China

    A.Societal Based Juvenile Law System

    1.The United States system benefits society more because it is more developed than that of China’s system. The American justice system incorporates general deterrence, systematically keeping the number of juvenile offenses at bay.

    B.Juvenile System based on the protection of Minor

    1.Although the Chinese government has reformed its juvenile delinquency policies, the protocols are structured around protecting the minor. The Chinese method of deterrence for offenders is based on community service and education. Based on statistical values, China’s juvenile crime rate has escalated and continues to do so. This trend could be due to the direction of their system. (http://www.chinahumanrights.org/CSHRS/Magazine/Text/t20090727_477546.htm)

    C.The System Best Fit

    1.Overall the American system proves itself to be the more effective of the two countries. Juvenile laws are tailored for state to state discretion and still manage to complete the same goal, deterrence. The Chinese have slowly emulated the American juvenile system which may help to lower the future offenses. Population may also play a major role in the statistics and direction of juvenile law between the United States and China.