Juvenile Crime : The Criminal Justice System

Placing a juvenile in a detention center early in the court process increases the risk that youths will be found to be delinquent and damage their prospects for future success. A majority of the youths that are placed in these facilities pose little or no threat to the public and essentially do not need to be there. This portion of the juvenile court process is detrimental to the future and mental aspects of a youth’s life. We desperately need to change the way that we handle the juvenile court system because we are only reinforcing the delinquent behavior that these youths have been exposed to. We need to focus on the rehabilitation and prevention efforts for these youths not the punishment aspect and until then (insert a better ending).

Over 1/3 of the 11,000 index crime arrests were juveniles under the age of 16.

There have been many studies conducted that examine ways in which the juvenile justice system responds to female offenders. Historically juvenile female offenders have been treated under status offense jurisdiction (Zahn et al., 2010, p. 10). United States Courts would exercise the principle of “parens patriae” to place the female in detention as a form of punishment for misbehavior (Sherman, 2012, pp. 1589-1590). This principle also remains prevalent as it pertains to how the juvenile justice system currently responds to juvenile female offenders.

There is much debate over whether or not juveniles should ever be tried as adults. Juveniles are defined as children under the age of 18. In the past, juveniles have been tried in a separate juvenile court because of their age. However, trying juveniles as adults for violent crimes is a trend that is on the rise. Age is supposed to be a deterrent for placing those under 18 on trial and giving them stiffer punishments that are often reserved for adults. Many debate whether or not juveniles really should have less severe punishments or if trying some juveniles as adults will lower juvenile crime rates.

Skip Hollandsworth candidly explores the subjects of juvenile crime and sentencing in the electronic long form newspaper article, “The Prisoner”. The purpose of the essay is to inform the reader about juvenile sentencing and to persuade the audience that there are clear problems with aspects of the U.S. prison system. The article is easily accessible to a large audience because it is online. Hollandsworth takes into account that his audience, mostly consisting of Texas Monthly readers, may already have pre-established notions about the topic, so he considers other sides while still supporting his argument. Edwin Debrow, a preteen member of the Crips, committed a murder when he was 12-years old and received a 27-year sentence through the

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

In Texas, the Juvenile Law states that, “a juvenile is defined as a person who is not old enough to be held responsible for criminal acts.” In order for a juvenile to be tried as an adult, a prosecutor can use one of many ways to go about this. One way prosecutors can proceed, in trying the juvenile as an adult, is by exercising the 2011 Senate Bill 1209. This bill gives counties in Texas the option to hold certified youth in juvenile facilities while they await trial. However, the law does not state specifically that they have to be detained in a juvenile facility. The juveniles can also be detained in an adult facility. Another way prosecutors are trying juveniles as adults is by not allowing the rehabilitation programs to run their course when the juvenile turns 19 years of age. The argument has also been made that juveniles in prison for nonviolent offenses are much different in the adult prison system.

A few years ago, 13-year-old Tavaris Knight was convicted by a criminal court jury in Tampa, Florida, of kidnapping and raping a 43-year-old woman. Prosecutors proved that Knight, who was 12 at the time of the offense, had used a silver toy gun to force the woman away from her four young children at a playground and into the surrounding woods. Knight raped the woman twice and beat her with the gun, which he left behind.2 Knight’s case had been transferred to adult criminal court because of the serious nature of his crimes. In closing arguments, prosecutor Michael Sinacore pointed to Knight, saying, “That young man is not a child. He stopped being a child when he forced [his victim] into the woods and raped her.”3 Following conviction, Knight was sentenced to 15 years in prison by Florida Circuit Judge Jack Espinosa, Jr. Knight will likely be held at a youth facility for sexual offenders until he is 21, at which time he could be transferred to another youth offender facility until the age of 25, followed by adult prison.4 Crimes committed by preteens are not that unusual. In 2005, for example, a nine-yearold girl,

Juveniles committing crimes is not a new issued being introduced to society; actually, it has been an issue for centuries. However, the big question is, should juveniles be tried in adult courts? Before answering, take into consideration every possible scenario that could have led them to commit the crime. For instance, were they the leader in the act? Did they participate in the crime? Was the juvenile even aware of what was taking place? Were they peer pressured? Did they have any other choice at the time? There are so many other questions we could consider when making a decision here.

When thinking of reforming the juvenile justice system one has to think; what can we do to make this better for everyone involve? There are some programs that can be implemented when trying to make a change in the juvenile system. The main thing is getting parents or the guardian more involved in the child’s whereabouts. Secondly the community where the youth will have a place to go and have something more constructive to do to keep them out of trouble. Law enforcement can get involved in giving ride along and having visits to the local jails or prisons from the youth to talk to some of the inmates. Crime in life isn’t racist at all it has a no age limit, no certain gender and no social status for most of those whom decide to partake in a criminal activity. From the beginning juveniles have been an issue with law enforcement, the question has always arisen of whom will take control without cruel and unusual punishment and assist with the rehabilitation and prevention future crime actions.

The juvenile justice system is similar to the criminal justice system. This system is where juveniles are processed, and may be arrested after referrals for juvenile delinquency. Juvenile justice is very different in every state and can be very similar as well because every system has limited jurisdiction and that most focus on the offenders and not their offenses. Therefore, there are 51 juvenile justice systems in the United States. The United States has the juvenile justice system because children are very different than adults – in that they can be better receptive for change and also being easier to rehabilitate. Moreover, the main goal of the juvenile justice system is rehabilitation (Juvenile Law Center). The juvenile justice system is made up of police, courts, corrections, probation and parole services, as well as community-based programs to name a few (book).

According to Street Law, a juvenile is any person who is not yet an adult. In most states and the District of Columbia, individuals under 18 years of age are considered juveniles. The District of Columbia along with most states in the United States view any person under the age of 18 that has committed a crime as a juvenile criminal. Acts of a juvenile crime include but are not limited to: truancy, smoking, drinking, theft, rape, murder, defiance towards parents or guardian, etc. A juvenile criminal can only be held in a juvenile institution until the age of 21, no matter how gruesome their offense may have been.

As more minors are committing violent crimes, the question of whether they should be tried as adults has arisen. Children as young as 13 or 14 are committing violent crimes such as murder, rape, and armed robbery. Some of these children are being tried as adults while others are being tried as juveniles and receiving milder punishments. A juvenile offender may receive a few years in a juvenile detention facility and possibly probation following his release at age eighteen. An adult committing the same violent crime will receive a much harsher penalty, often years in jail, possibly a life sentence, with little or no chance of parole. The only difference between the two offenders is the age at which they committed the crime. Juveniles over

Many jurisdictions have responded with so called “get tough” legislation. This type of legislation is a staple in the Crime Control Era that has taken the place of the Juvenile Rights Era, which ended around 1980. One such piece of legislation was Michigan’s Juvenile Waiver Law of 1997. In Michigan, prior to 1988, seventeen year-olds were the only minors automatically tried as adults, all others stayed in juvenile courts that afforded them the benefits discussed earlier. However, in response to rising violence get tough reforms were imposed. Kids, as young as fifteen, were now being tried automatically as adults for serious crimes. Additionally, if convicted of first-degree murder the judge can then choose to sentence the youth to a juvenile facility until twenty-one years of age, or mandatory life in adult prison. Then in 1997, legislation got even tougher. Fourteen year olds were now automatically charged as adults for serious offenses. Additionally, adult courts can no longer chose juvenile sentencing. One senator who helped craft the tougher legislation stated, “it doesn’t matter so much whether it’s 12 or 14 or 50 or 60, the Juvenile justice reform act’s basic finding was that if you do the crime, you do the time” (Barnes 2011). The number of juveniles serving life in adult correctional facilities

It may seem shocking that America has one of the highest crime rates per capita compared to other similar industrialized nations. Over the years, there have been many discussions and efforts in order to reduce this problem. Perhaps one of the more sensitive issues when discussing crime in America is the problem of juvenile crime. Recently, juveniles make up 3% of all felonies committed each year and 6% of all violent crimes (criminamerica.net). These statistics have troubled politicians for decades as they have worked to find a solution. Starting in 1994 the Clinton administration started putting stricter punishment on juvenile offenders, but it was quickly realized that this harsh punishment may not be the best solution. Various studies and programs put into action have shown that early prevention in a child’s life is much more effective and more cost efficient in reducing crime. Because of these efforts, juvenile crime has reduced 68% since the violent boom of the 1990s. In light of these discoveries, it is important for states to focus on these results in order to reduce crime.