Explain Why Juveniles Should Not Be Tried As Adults

In the United States of America today when a person has been committed of a crime they are trialed through a system to conclude if they are guilty as well as determine their best fit punishment of due to the crime. From what most people know when an adult is put through this process they have the right to a quick and speedy trial with a jury to determine if they are guilty and they are given their punishment. However, within our system the process of punishment and sentencing is significantly different if the defendant of the crime is under the age of 18, if they are under 18 they are legally considered a child and are not put through the same system and punishment with which adult are. They are but through what we call a juvenile court system.

Five major court cases that influenced our treatment of juveniles today include Kent v. United States (1966), In re Gault (1967), In re Winship (1970), McKeiver v. Pennsylvania (1971) and Breen v. Jones (1975). Kent v. United States (1966) set the standards for transfers. In this case, the judge ruled Kent to adult court without consulting with the child, the child’s mother or attorney. It was this case that determined the attorney has the right to review documentation presented by the probation officer. Thanks to In re Gault (1967), juveniles how have a right to due process during any proceedings in which a juvenile is facing institutional confinement. It was also outlined in In re Gault (1967) exactly what a juveniles rights are during the entire process. Key rights are being notified of the charges brought up against them, right to counsel and cross-examination of witnesses by the attorney’s.

First, I believe that juveniles should not be tried as adults because their mentalities are not fully developed.

There are times juveniles should not be convicted as adults because sometimes the “crimes” may not harsh enough to be charged as an adult. For example, if a 8 year old saw a gun in their mother's purse and thought it was a toy and grabbed it and began to shoot who would be at fault ? Plus children in adult prisons are 10 times more likely to be taken advantage of in their time. Research shows that children prosecuted in the adult criminal justice system are more likely to reoffend than those held in the juvenile justice

How would you feel if the police arrested kids all over our country to jail for just crossing the street the wrong way or pushing another kid on the playground? That is what is happening to many underage juvenile all over the United States; they are being sent to adult prisons for crimes that do not deserve such severe punishments. Why they were tried as adults is an enigma and we will explain why this is a terrible injustice. In 1899 children in between the ages of 7-14 were believed they were incapable of committing criminal intent. The court system back then believed that if enough evidence could be gathered to convince a jury, the underage person would be convicted and sent to an adult prison. Currently in our state, persons as

The Declaration of Independence States that “we the people are created equally”. Based on that, the question of should juveniles be trial as an adult has risen in the society these children are being tried as adults while others are being tried as juveniles and receiving milder punishments. People hold certain inalienable rights that all human beings, “According to the U.S constitutional, meaning that all humans are naturally free to make our own choices and prosper juvenile offender may receive a few years in a juvenile detention facility and possibly probation following his release at age eighteen”. An adult

Many have discussed and argued if Juveniles should be charged as adults. Then there's others that believe that they shouldn't be charged as adults. However, juveniles should be tried as adults because they committed a crime in which they must pay for which they also knew it is wrong. They should be tried should depend on what age they are and what fractions have they encountered like rape, abuse, etc. If a 5 year old were to be playing with another kid and perhaps that 5 year old kills the child they have absolutely no idea of what they have done they are far too young to understand what they are doing or have done. Most of the time you have to take care of children because they are putting items in their mouth that they don’t know what it

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.

Juveniles should not be tried as adults because it is proven that children are incapable of making a rational, mature decision on their own. Adolescents have a shorter experience in the world, their brains are still developing, they do not have the same responsibilities or rights as adults and they are easily influenced at this age. Let 's say a child around the age of twelve is playing with two other friends at his house. His mother and father both work constantly so these children are alone. They are snooping around in his dad 's room and find a gun. Not being old enough to understand or realize it 's not a good idea they begin to play with it. One of the children pulls the trigger not considering what could happen. He accidentally shoots on of the other children and he was instantly killed. They decide to call 911 and before they arrive the child that accidentally shot the other tells his friend to tell them that it was his fault because hed get in trouble by his mom. The boy agrees and tells the police it was his fault and he is sent to adult prison for the maximum sentence. Children are both easily influenced and not as intelligent compared to an adult. These children are so immature and underdeveloped they should not and cannot make rational decisions on their own.

As you get older you receive more rights. You have the ability to vote, be an organ donor, get your own credit card, and even buy tobacco. Doesn’t turning eighteen just sound amazing? However many don’t realize that that they now have to be held responsible for their actions. As you switch from seventeen to eighteen you are now considered an adult in most states. When committing a crime you now have to realize that you will be tried as an adult and not in a juvenile court. However does a couple years or even a couple months make that much of a difference? Is it fair for someone who is seventeen to receive a lesser sentence

During the first sixty years of its existence, the practices and policies of the juvenile court went unchallenged. The original goal of the juvenile courts was to focus more on treatment instead of punishment.

Are you under 18 years old? If you answered yes, then DO NOT do anything really bad because you could get in serious trouble, including jail. Hundreds, maybe even thousands of minors are put in trials where are adults are put. With these conditions, the jury or judge will give them adult consequences such as adult jails. Juveniles should not be tried as adults because they aren’t fully developed and don’t know the complete consequences of their actions.

There would be a constitutional issue because juvenile have certain constitutional rights at negotiation, such as the right to a lawyer and the right to challenge and interrogate witnesses, but they have no right to a trial by jury. The subject of juvenile’s rights is poorly defined in the courts, somewhat because the public as a whole has not decided how much independence to grant juvenile. When most juvenile’s supporters talk about juvenile’s rights, they are not stating to the same rights detained by adults, such as the rights to vote. Instead, they mean that more importance should be placed on juvenile’s standing as “regular persons” eligible of benefits under the law as providing in the United States Constitution and its Bill of Rights.

Imagine sitting in a courtroom, hoping the the judge will not give a harsh sentence. Unfortunately, that’s the case for many juveniles, some as young as 13! A juvenile is subject to a more severe sentence with the limited sentencing available. It is estimated that 250,000 youth are prosecuted as adults, each year. This number should change, as juveniles are not adults, both mentally and physically. Juveniles need an environment surrounded with guiding adults, education and the resources to help them. A juvenile is not an adult, and should not be tried as one.

“I used to believe are our future but now I realize that this, sadly isn’t the reality. Through laws that treat kids like adults, the government is throwing away the future of children in this country.” (D. Lee) An estimated 200,000 juveniles are tried as adults. The term juvenile refers to any young person under the age of 18. For most states in the United States, the age of majority is 18. While there are many things that juveniles are unable to do until they reach the age of 18, being charged as an adult for a crime is not amongst those things in some states. Juveniles are not allowed to vote, drink alcohol, or sign a legal contract, yet they can be charged and treated like adults when it comes to them being