Understanding the Differences: Trials as an Adult vs. as a Juvenile

In the legal system, particularly in countries like Scotland, there are distinct differences in how young people and adults are treated when facing criminal charges. These differences often result from the belief that young individuals require a different approach due to their developmental stages and potential for rehabilitation. This article explores the key distinctions between being tried as an adult and as a juvenile, highlighting the implications for sentencing, facility conditions, and long-term outcomes.

Scots Legal System: Children’s Hearing System vs. Adult Courts

In Scotland, the primary focus of the justice system when dealing with young people is not retribution but rehabilitation. This is reflected in the Children’s Hearing System (CHS), which is a non-punitive forum designed to provide positive support to the child and their family, aiming to prevent future offenses. Under the Children’s Hearing System, less serious offenses are handled by local Children’s Panels, while more severe cases requiring a custodial sentence might involve the High Court.

Differences in Sentencing and Custody

For the most serious crimes, such as rape or murder, a child may be tried in the High Court under the jurisdiction of a judge. If convicted of murder, the sentence will be a life disposal, meaning the young individual will remain in secure local authority care until they turn 16. The conditions in secure local authority care are designed to provide a supportive and controlled environment, with the possibility of conditional release through cooperation and good behavior. After reaching 16, the individual could be transferred to a Young Offenders Institution (YOI) if they are over 18, a form of imprisonment specific to young adults. Upon turning 21, they will transfer to an adult prison unless they become eligible for early release on license.

Sealing Records and Rehabilitation

One of the primary advantages of the Children’s Hearing System is the potential for sealing criminal records, which can significantly impact a young person’s future opportunities. Unlike adult criminal records, a juvenile record may be destroyed or sealed after a certain period, allowing the individual to move on without the stigma of a criminal conviction on their record. This approach promotes rehabilitation and minimizes the long-term impact on the young person's life trajectory.

Conclusion

While the differences between being tried as an adult and as a juvenile may seem minor on the surface, they can have profound implications for the individual's future. The juvenile justice system in Scotland is designed to provide a supportive and rehabilitative environment, focusing on preventing future offenses and offering second chances. In contrast, adult criminal trials prioritize punishment and can have lifelong consequences. Understanding these differences is crucial for both legal professionals and the public to ensure equitable and just treatment of young offenders.

Conclusion

Being tried as an adult and as a juvenile represent two fundamentally different approaches to justice. While adults face a harsher legal system with longer and indefinite sentences, juveniles may benefit from more rehabilitative measures. The choice of trial type can significantly impact an individual's future, making it essential to weigh the long-term consequences of each option carefully.

The differences between these two systems underscore the importance of understanding the legal and psychological contexts in which young people operate. By recognizing the unique needs of young individuals, the justice system can better support their rehabilitation and help steer them on a path towards a constructive and crime-free future.

h2Keywords:/h2 juvenile trials, adult trials, legal system, sentencing, incarceration