Capital Punishment

2006 Words Nov 28th, 2012 9 Pages
Juveniles and Capital Punishment
One of the most controversial issues in the rights of juveniles today is addressed in the question, "Should the death penalty be applied to juveniles"? For nearly a century the juvenile courts have existed to shield the majority of juvenile offenders from the full weight of criminal law and to protect their entitled "special rights and immunities." In the case of Kent vs. United states in 1996, Justice Fortas stated some of these "special rights" which include; Protection from publicity, confinement only to twenty-one years of age, no confinement with adults, and protection against the consequences of adult conviction such as the loss of civil rights, the use of adjudication against him in subsequent
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After adopting these common laws, individual states made specific changes within the law. For example, some states excluded juvenile court from the proceedings when crimes were severe. These exclusions lead to my next subject on the methods of transferring juvenile cases to criminal courts and in turn, makes it possible to sentence violent juvenile offenders the death penalty. The idea of whether or not the death penalty should apply to juvenile violent offenders is only possible through the transfer of juveniles out of the juvenile court and into the adult criminal court. Only then can a guilty violent youth be punished to the full extent. As the number of certified or transferred cases increases, the public recognition that juveniles can and do commit serious felonies also increases. Essentially, youths who are transferred to criminal court are not so much helped out of the juvenile justice system, as thrown out of it. There are three basic types of transportation methods. The first one to be discussed is also the most common. This method is judicial waiver. Recently, states have begun to integrate the age of criminal responsibility with jurisdiction of juvenile courts, for example, some states grant jurisdiction to a particular age, usually between fifteen and sixteen while from ages sixteen to eighteen (sometimes twenty-one) juvenile judges can transfer or certify

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