Dear Governor Memorandum

One of the most controversial questions in the juvenile justice system today is, "Should the death penalty be applied to juveniles?”. A lot of people think that the death penalty for juveniles is cruel and unusual punishment and should only be used for adults. The crimes that juveniles commit are as dangerous and as violent as adult crimes. People argue that the adolescent brain does not mature until the late teens or early twenties, and that death penalty should not be the resolution. Some studies show that childhood abuse or neglect can causes the child to commit crimes when they grow to adulthood. Debate about the use of the death penalty for juveniles has grown more intense because of the crimes they are

Research studies have been conducted to demonstrate that adolescent brains are without full adult potential thus, adolescents should not be charged with adult sentences for crimes committed under the age of 18. Several doctors note that the under development of the brain, though it does not excuse criminal behavior, should not result in a life sentence or any other irreversible or extreme punishment (Beckman, 2004, p. 1). Beckman (2004) also states that “eight medical and mental health organizations, including the American Medical Association cite a sheaf of developmental

After viewing the Frontline program titled Inside the Teenage Brain I learned a significant discovery scientists have found about the teenager's brain. I also learned that just as there is a growth spurt in infants’ brain, there is a second-growth spurt during puberty. In addition, I also learned how teen's emotions are so different from adults' emotions. I was very surprised with everything I learned about the teen's brain, but my point of view about teen violence and juvenile delinquency hasn't changed.

In the article, “Startling Finds on Teenage Brains” (May 25, 2001), by Paul Thompson, the author argues that teenagers should not be legally treated as adults because their brains are not fully developed. First Thompson raises a question whether teenagers should be tried as adults after the trial of fourteen-year-old Nathaniel Brazill who is charged with second-degree murder for the shooting of his middle school teacher. Following up the numerous questions from reporters and teen advocates, Thompson informs the audience about the loss brain tissue in teenage brains and its correlation to the teenagers’ violent tendencies. After elaborating that teenagers need the correct guidance to steer their development onto the right path, he concludes

Approximately two million adolescents a year are arrested and out of that two million, 60,000 of them are incarcerated according to the American Journal of Public Health. The 60,000 incarcerated adolescents each year are being tried as adults in court because of the serious crimes they have committed. The crimes they have committed are anything from armed robbery to murder. Some juveniles might be first time offenders and others might be repeat offenders. Crimes have always been a major issue in the United States and can cause controversy in the criminal justice system. Charging a minor as an adult in criminal court varies from state to state based on each state’s jurisdiction. Some states consider anyone up to the age of 18 still a juvenile and would not be charged as an adult in criminal court, but other states may charge a juvenile as an adult at the age of 16 or 17. Jordan (2014) states, “Although states already had methods for transferring youth to the adult system, as a result of the growing fear of juvenile violence, most states implemented new laws to increase the number of youth entering the adult criminal system’ (Bernard & Kurlychek, 2010; Torbet et al., 1996)” (p. 315). While it sounds beneficial to incarcerate more adolescents in the adult criminal justice system to avoid juveniles from committing crimes in the future, that is not always the case. Incarcerating these juveniles can be life changing in a negative

KENTUCKY, 492 U.S. 361 1989) The Court later ruled in Atkins v. Virginia (2002) that, “mentally retarded persons were exempt from the death penalty as well, a further sign of society’s changing standards.” (ATKINS v. VIRGINIA, 536 U.S. 320 2002) The decision in Atkins explained that due to their impairments, “it is highly unlikely that such offenders could ever deserve capital punishment.” (ATKINS v. VIRGINIA, 536 U.S. 320 2002) The reasoning in Atkins is applied to the Simmons decision. Kennedy argues that because individuals under 18 are categorically less culpable than the average criminal, they should not deserve the death penalty. Kennedy adds that there are three differences between juveniles under 18 and adult offenders. First, “juveniles often lack the maturity found in adults, a trait that is understandable among the young and adolescents are overrepresented statistically in virtually every category of reckless behavior.” (ROPER v. SIMMONS, (03-633) 543 U.S. 551 2005) The second difference is, “that they are more vulnerable to negative influences or outside pressures and this could lead to deviant behavior.” (ROPER v. SIMMONS, (03-633) 543 U.S. 551 2005) Lastly, Kennedy asserts that “the character of a juvenile is not as well formed as an adult and that personality traits in adolescents are transitory.” (ROPER v. SIMMONS, (03-633) 543 U.S. 551 2005)

Consequently, teenagers are often impetuous and have a difficult time controlling their emotions. However, this does not serve as an excuse for committing crimes with great magnitude such as murder. In The Sacramento Bee, Greg Krikorian published the results of a study conducted by a University of Massachusetts professor in an article titled “Many Kids Called Unfit for Adult Trial.” According to the findings of the study, “performance in reasoning and understanding for youths ages sixteen and seventeen did not differ from those at least eighteen years of age.” (Greg Krikorian 7) Although younger teenagers may not have the same reasoning potential, based on the performed study, sixteen- and seventeen-year-olds, in comparison to adults, have very similar thinking abilities. Thus, the brain development of these teenagers is almost, if not completely, finished. As a result, trying teenagers ages sixteen and up as juveniles is not fair to adult convicts, considering the fact that both groups have the same reasoning abilities. Thus, juveniles ages sixteen and up should be tried as adults. However undeveloped their brains may be, teenagers fully understand the consequences of their

The juvenile court was founded on the belief that juveniles just don't posses the cognitive capacity to fully understand the repercussions of their actions. The juvenile court used to use all its resources to focus on how to rehabilitate juveniles, now all the court proceeding are to establish the legal guilt of a juvenile offender and a small percentage of the legal process establishing adequate punishment. Research on the brain over the last twenty years gives us more knowledge about how children develop and think. Until recently scientists believed the brain was fully developed by age 12. With brain imaging research we now know that this is not true(4 walker). The May 10, 2004 issue of Time Magazine discusses the development of the teen brain in great detail. Dr. Ruben Gur, a professor and director of the Brain Behavior Laboratory at the University of Pennsylvania states that impulse control is the last area of the brain to develop and the first to fail as we age(4 walker). Teens do not think like adults due to the lack of impulse control and raging hormones. Hormones fuel emotional responses in teens. Drug use during these formative years damages brain development. How teens spend their time may affect the development of the brain(4 walker). Other research at the National Institute of Mental Health suggests that full

and why they should not be tried as adults in the justice system. It also shows the actual differences in the brain of a juvenile and the brain of an adult. In an article in the New York Times called, “Juveniles Don’t Deserve Life Sentences” Gail Garinger explains why juveniles and adults are different. He states, “Young people are biologically different from adults. Brain imaging studies reveal that the regions of the adolescent brain responsible for controlling thoughts, actions and emotions are not yet fully developed.” (Garinger 93). I do not believe it is fair to treat a teenager the same as an adult knowing teenagers brains are not yet fully developed and do not possess the same level of neurotic connections. In some ways it is like expecting a child with down syndrome to act and behave the same as a normal child of the same age.

Paul Thompson the author of “Startling Finds on Teenage Brains” claims that teenagers must be charged as juveniles, and not adults because their brains are not fully developed.In Thompson's article, he mainly uses logos and hardly any ethos.”These frontal lobes, which inhibit our violent passions, rash actions, and regulate our emotions, are vastly immature throughout the teenage years(7)”In this quotation, Thompson doesn’t mention who or where he found this information so therefore it makes it weak in ethos. It seems like the only time he does use ethos is when it's reported in the news already and he doesn't have anything to back it up.”In terms of cognitive development, as research on the human brain has shown...young teens are far from

Juvenile crime is a term around the world that is difficult to pinpoint and although there are several definitions many fail to be concrete. There are many factors that play into sentencing juveniles or minors upon a crime committed. How old are they? Can they mentally form criminal intent? Are they old enough to no longer be treated as children? Some people would argue that a criminal is just that, regardless of age. Research on the other hand shows that juveniles have underdeveloped brains who at times have difficulty rationalizing decisions and weighing out consequences. It is important that these issues are addressed because of the implications this has on not only the juveniles but the community around them. These

In my own opinion, I consider juveniles as immature because they lack the ability to recognize the long term impact of their actions as they have decreased levels of responsibility. Therefore, the justice system should not charge juveniles in adult legal system and sentence them as adults.Trying juveniles as adults exposes the young offenders to state penitentiaries up to life in prison without parole and even sentenced to death. This raises a question on how truly effective treating juveniles as adults are to the young offenders. As the crimes committed by juveniles increase, there has been an outcry from the public and affected to prosecute juveniles accused of serious crimes as adults. It is true that juveniles do

Many young adolescents who have committed horrendous crimes have been a huge topic amongst the Supreme Court. Whether young adolescents are viewed as innocent, naive children to the public, this not changed the fact they can commit brutal crimes. In spite of the fact that adolescents have committed brutal crimes such as murder, one needs to understand that their brains are not as fully developed as an adult brain would be. Adolescents should not be trialed to a life sentence or attend adult prisons; however, they should be punished for their actions and undergo rehabilitation programs to help them be prepared to fit in with the rest of society.

A number of researchers have suggested over years that teenage brains are not yet fully developed. At the National Institute of Mental Health researchers have studied the human brain ever since the stage of birth all the way to adulthood, to prove that the brain is not complete. When it comes to this topic, Americans assume that if a teenage commits a crime than they should not be held accountable because of their age. Yet they must consider that teens are capable of understanding the situation they are in, how they are looked upon as young adults,, and how they should learn from their mistakes.

The first way that dopamine affects our brains is by increased impulsiveness. Adolescents usually don’t reflect on what they are doing, and instead, do something because of an impulse. In an article titled “Dopamine and Teenage Logic.” Siegel said that “pausing enables us to think about other options beyond the dopamine-driven impulse pounding on our minds.” Impulses can be held back by “cognitive control.” Fibers in the brain work together and “create a space between impulse and action.” By being able