Based on the Juvenile system, the purpose of a “fitness hearing” solidifies a burden of proof on whether an adolescent should be trialed as an adult or juvenile. The criteria associated with a fitness hearing is based on a fit evaluation which consists of the sophistication behind the criminal activity that is exhibited by the child, the possibility of rehabilitation, the child’s history of delinquency, the results of previous attempts of intervention and/or rehabilitation by the court, and the circumstances and extent of the alleged offense (Title Five Rules).
When a child is charged and has a fitness hearing, they must be determined under evaluation of the five criteria. The hearing is based on a fit or un-fit type determination. If the adolescent fits all criteria, than the child is deemed as non-violent and their court proceeds within the realm of juvenile justice. However, if the child is unfit for one or more of the criteria, than he will be trialed as an adult, and deemed as violent (Title Five Rules). However, based on the set criteria of a fitness hearing, states are trialing children as adults without any proper quota of the child’s ages, and using evidence alone. One opposing concern would be, whether or not this breaks the cycle of delinquency. On the other hand, there may be a concern of safety in society, if the delinquent is trialed and later released (Albanese, 469-470).
Works Cited
Albanese, Jay S. Criminal Justice. Boston: Allyn and Bacon, 1999. Print.
Albanese, Jay S. Criminal Justice. Boston: Allyn and Bacon, 1999. Print.
“Title Five Rules.” Title Five Rules. N.p., n.d. Web. 22 Oct. 2013.
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