Mistakes or murders? Children or criminals? Answering these questions requires much deliberation. Trying juveniles in adult court cases isn't orthodox. But such incidents are increasing in America. In 2014 two Wisconsin girls stabbed their classmate 19 times. The state found the twelve-year-olds guilty without considering psychological imbalances (Hanna, Jason). Natural instinct urges one to comply with the decision. However, certain circumstances change perspectives, but only when presented. Trying minors as adults isn't sensible and overlooks many conflicts. Juveniles aren't mentally developed, risk harm in jail, and don't receive adult rights. First and foremost, determining a crime requires the addressing of two criteria. A crime is acknowledged only when "Actus Reus" or a guilty act and "Mens Rea" or criminal intent are identified (Holloway). The foundation of criminal law is based on these two. A few small words such as "it was an accident," can change a prison sentence. For example, a stranger steals candy (guilty act) on purpose (criminal intent). Since the thief meant to steal, jail time is imminent. But what eight-year-old means to murder someone? Kids can barely carry out chores, let alone crimes. Even so, one might argue that murder is still murder. Absolutely, and returning a life …show more content…
A fair comparison is, throwing a lamb into a tiger pit. Incarcerating people is punishment for wrong doings and a chance to redeem themselves. But in adult jails, children lose that chance. Physically violating minors has unimaginable impacts on such tender minds. Not to mention courts overlooking psychological stability, but this leads to unjust sentences. Ironically minors can be tried as adults, but can't be treated like them. A crime shouldn’t block a person’s path, but allow them to realize their mistake. Jailing juveniles steers them in a direction which is poisonous for
The Absurdity of Minors in Adult Prison Throughout history there have been many cases in which minors as young as eight years old have been not only tried as an adult, but placed in adult prisons for life. The justice system more often than not overlooks many important pieces of evidence due to incompetent lawyers, racial inequality, and economical differences. This evidence is what could make all the difference in placing a minor on juvenile court rather than adult court. Charging a minor as an adult is absurd, and there is not a single situation in which this could be deemed as a reasonable decision, because the brain of a minor is still developing unlike one of an adult, most minors come from an already troubled background that makes them
Kenzie Houk had everything going for her. She was twenty-six, engaged to the love of her life, and was eight-and-a-half months pregnant. In the late winter of 2009, her four-year-old daughter waddled in her bedroom, hoping to surprise her mommy with a good morning smile. Instead, she found her mother with a bullet through her head. Eleven-year-old Jordan Brown, the soon-to-be stepson of Kenzie Houk, was arrested and charged with homicide, pulling the trigger before he went to school. There were two counts of homicide, one for Kenzie Houk and the other for her baby. Brown was tried in juvenile court and sentenced to a residential treatment facility until the age of twenty-one. To Kenzie Houk’s family, Brown’s sentence would never live up to that her four-year-old and seven-year old daughters would have to serve. “The day Kenzie was murdered, the whole family was served with a life sentence,” said Debbie Houk, the victim’s mother. “[Her daughters] are serving life right now. They are never going to see their mom” (Chen). Serious juvenile crimes, similar to this, cannot be properly justified in the juvenile justice system. Juveniles should be tried in the adult criminal court system for serious crimes because of the lack of severity in the juvenile court system, increased youth crime and recidivism rates, and the mental maturity of juvenile offenders.
In Contrast to Bryan Stevenson’s “Just Mercy” stories of juveniles being tried as adults, Jason Zeidenberg in the article “The Risks Juveniles Face When They Are Incarcerated with Adults” strongly emphasizes the dangers and consequences that juveniles face when they are tried as adults. Zeidenberg states the consequences of juveniles being raped, assaulted, committing suicide and the effects of being victimized. Children who are housed in the same facility as Adults is not a good idea nor a good mix, according to Zeidenberg a “15-year-old girl was sexually assaulted in Ohio by a deputy after she was placed in an adult jail for a minor in
Most people are against juveniles getting tried as adult in adult court because they might say “their young and doesn’t mean any harm” or “a minor doesn’t belong in a jail full of adult criminals.” But I say if they can commit a crime they can do the time. Also, most juveniles tried as adults or placed in adult facilities jails or prison, are denied education and most likely won’t finish school but if they were free it would most likely be the same because they either wouldn’t attend school or when they do go to school they cause problems and have a list of referrals’ or even kicked out of school or attends an alternative
Murder is always a devastating sight, juveniles who commit homicides is another story. Sentencing a juvenile to life without parole isn’t the best punishment for a child that is developing in life. Juveniles are full of built up steam and emotions, they aren't comprehensive with the actions they take.
Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which
If judges and prosecutors didn’t care to learn how adult prisons affect juveniles, our juvenile crime rates would be very different than they are today. If juveniles were tried and put into adult prisons, we would be creating more criminals rather than trying to prevent them. According to U.S. Dep’t of Justice, Office of Juvenile Justice & Delinquency Prevention, they said “If the point of juvenile courts is to deter and rehabilitate juveniles so that they can succeed as adults, then it is important to evaluate the success of that mission when a juvenile is charged as an adult in the criminal justice system” (Scialabba). Some judges and prosecutors believe putting juveniles in adult prisons will deter them from delinquency rather than 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
Whether or not we should try juveniles as adults has always been a controversial issue. First of all, “juveniles” are children who fall under the age of 18. However, the legal age varies within certain states across the USA. Despite the age difference, some juveniles are still tried as adults. Does convicting a juvenile as an adult, turn out to be a better problem-solver, and how is this affecting the deterrence of crime?
The dilemma of whether or not to transfer juveniles to adult court has been a major topic, for many years, in the United States. Since 1899, judges have had the option to transfer juveniles to adult court. The major factor for transferring juveniles to adult court since then has been the seriousness of the offense. That being said, juveniles only make up a small portion of violent crimes in the United States. Only 16 percent of juvenile offenders in 2008 were arrested for violent crimes (Champion,2008). The problem is the determination of whether the crime is serious enough to be waived and transferred to adult court. Almost every state has statutory judicial waiver provisions, which grant juvenile judges the authority to transfer
In the United States, “an estimated 7,100 juvenile defendants were charged with felonies in adult criminal court in 1998” ("Juvenile Defendants"). These numbers portray how there were a lot of juveniles being charged. In addition to a large increase in the amount of crime, there was a change in the severity of the crimes that were committed, “the number of violent crimes committed by young people declined substantially from the 1990s to 2003, but then surged again that year, with the estimated number of juvenile murder offenders increasing 30 percent” (Kahn). These numbers show how juveniles were committing more crimes that were serious in the face of the law. These numbers are a brief snippet of
Tennessee, like many other states, has provisions, provided for in the state laws, for the transfer of juvenile offenders to the adult courts for trial. The youth court has to follow the procedures, which are outlined in the statute, to include the minimum age of a juvenile, who is to be transferred to the adult courts, and the specific crimes for which such a transfer may take place. While I recognize, as the United States Supreme Court did in Roper v. Simmons, (2005), that children are immature, and easily led astray, there are times when the protection of the community mandates that certain juveniles be treated as adults. This should be done on a case by case basis, and only for the most heinous and violent crimes.
Juveniles can be tried as adults for crimes ranging from kidnapping, murder, rape, arson, robbery, torture, assault, and more. Some of the cases that are sent to adult court are petty crimes, such as: underage drinking, possession of a controlled substance, and other minor crimes. The question is whether they should be tried as adults. These are all adult actions, on one hand, and may lead a person to wonder what brought a child to commit these crimes. One might further inspect that if a child or teenager is engaged in so-called “adult” activities, what kind of activities might a child choose to be involved in adulthood? What is the child’s background? Can you blame the child of a heroin addict for having access to drugs at a young age? Can you blame the child of a murderer for acting out? Yes, everyone has a choice even a child.
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.
Should juveniles get adult jail sentences? In today's society juvenile offenders are facing the law to full force, in two court systems. Not only are they tried in the juvenile justice system, but also charged as adults. The issue of charging juveniles as adults has stirred various views owing to the violent crimes committed by the young offenders. Politicians comment that the best solution is to lock up juvenile offenders for a long time and ignore rehabilitation. However, prior researches on the topic of juvenile delinquencies suggest that trying young offenders in the adult legal system and putting them in adult prisons will only lead to increased crime, higher costs, and increased violence(John & Jiangmin 568).