Should Juvenile Offenders Be Tried As Adults? A Developmental Perspective on Changing Legal Policies
Laurence Steinberg
Temple University and The John D. and Catherine T. MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice
Paper presented as a part of a Congressional Research Briefing entitled “Juvenile Crime: Causes and Consequences,” Washington, January 19, 2000. Address correspondence to the author at the Department of Psychology, Temple University, Philadelphia, PA 19122, or at lds@vm.temple.edu.
1
I'd like to talk today about recent changes in juvenile justice policy that are being implemented despite a full consideration of what research on child development has to say about the wisdom
…show more content…
Technically, this would not be considered a "transfer." We know that there has been a steady increase over the last 15 years in the number of cases waived by judicial discretion — the number has doubled — but that the rate of transfer by this method has not increased and is still very low. Less than 2% of cases are waived by judges. There is still no national system of record-keeping about juvenile cases transferred through direct file or statutory exclusion, although we know that these mechanisms are replacing judicial waiver as a mechanism for transferring juveniles to criminal court. If we extrapolate from some regional studies of direct file, it appears that more juveniles are transferred by prosecutors than by judges. Rough estimates suggest that about 27,000 juveniles were prosecuted in criminal court in 1996, but this does not include adolescents who are under 18 but who are above the age of juvenile court jurisdiction in their state. Some estimates place this figure at about 180,000 per year. In other words, by one mechanism or another, more than 200,000 individuals under the age of 18 are prosecuted in criminal court each year. There are three trends in the data worth noting. First, the proportion of juveniles prosecuted as adults is growing, primarily because states are adding more and more offenses to the list of crimes that are excluded from the juvenile court. Second, a very large
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).
According to Bartollas & Miller (2008) the challenges and unique issues the juvenile justice system face in the 21st century includes improving condition of confinement, fair treatment for children of color, health care, security, children with mental health issues, reducing overcrowding, securing resources for programs that work. Funding is a big challenge
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.
Today I want to talk to you about the seriousness of juvenile crime here in our state and the difficulties that the justice department faces when handling underage offenders.
S. (2014). Juvenile justice: a social, historical, and legal perspective (4th ed.). Burlington, MA: Jones & Bartlett Learning.
The United States sentences more juveniles to death than any other nation in the world (Justice, 2009) and our juveniles are being sentenced as young as ten years of age. These are juveniles being tried as adults, and something has to change and change fast. The younger generation is supposed to be our future leaders. How will our juveniles or the citizens of this country prevail if this continues we won’t be able to because most of our future leaders will be prisoner. (B, 2005)
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.
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 America we sometimes house juveniles and adults in the same prison system. In the state of Wisconsin in 2014, we have incarcerated 121 minors into the adult system. While incarcerating these juveniles in the prison system some may wonder how does it affect a juvenile, Also what problems do they face while in prison and lastly, how has their life change for better or worse after they are released back into society.
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.
“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The
This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend.
The juvenile justice system is always changing and developing new ideas. The first example of a change or development can be the status offense reform. The basis of this are they are trying to keep the non-delinquent kids form the juvenile justice system. Some examples of status offenses are skipping school, or running away – offenses that are not illegal for adults. These offenses can lead to possibly detention, which might do very little to rehabilitate or change the issues that juvenile has. How this can all change is to bring these troubled kids to community based services to make them learn that it is possible to change and become a better person. Some other examples of changes or developments in our juvenile justice system (that I won’t go into detail about) are the quality of aftercare and how the system is trying to reduce racial-ethnic discrepancies and making it fairer for everyone (models for change).
“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
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.