Making Poor Decisions : The Sentencing Age For Juveniles

On the fateful day of July 28, 1999, six year old Tiffany Eunick was beaten to death by a 6 foot tall and 160 pound Lionel Tate. The autopsy report showed that Tate reportedly stomped on Eunick so hard her liver was lacerated, and the young girl sustained multiple bone fractures so severe that she was pronounced dead at the hospital hours later. Tate was controversially convicted of felony murder and thus sentenced to life in prison with no possibility of parole. Now why was this sentence so controversial? Because Lionel Tate was only twelve years old at the time of the murder. How do we determine mental competence of someone whose brain is still developing? How could someone who has not even finished puberty possibly understand the sever implications of such a brutal crime? How can we possibly try a juvenile as an adult when juveniles are proven to have diminished impulse control? This paper will discuss the history of charging juveniles of adults, discuss the issues that make this practice wrong while negating opposing arguments, and explain the various consequences that come with charging juvenile offenders as adults.

Today, we live in a society faced with many problems, including crime and the fear that it creates. In the modern era, juveniles have become a part of society to be feared, not rehabilitated. The basis of the early juvenile justice system was to rehabilitate and create safe havens for wayward youth. This is not the current philosophy, although the U.S. is one of the few remaining countries to execute juveniles. Presently, our nation is under a presidential administration that strongly advocates the death penalty, including the execution of juveniles. The media and supporters of capital punishment warn of the "superpredator," the juvenile with no fear, remorse, or conscience. Opponents of this view encourage

When it comes to kids, we tend to baby them. We organize their lives and set limits on everything. If they want to do something outside those limits we tell them they are not old enough or they have not experienced enough of the world yet. After all, what can they possibly know about love, major decisions, and what is best for them? Yet somehow, despite all this, when they commit a crime we turn into hypocrites. Magically, they are geniuses who know everything about the world. In society’s eyes, they are no longer a child, but a monster.

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.

While some individuals feel that exposure to an adult sanction will have a negative effect on the health of juveniles, the major crimes committed by these minors are the same as those committed by their surrounding adult inmates. The threat of adult incarceration will also repel juveniles from committing serious crimes. According to Professor Morgan Reynolds from Texas A&M University, “Between 1980 and 1993 juvenile crime rose alarmingly, and as the states toughened their approach during the 1990s, it declined just as steeply” (2005). In addition, incarceration lowers the chances of reoffending (Schneider cited by Reynolds, 2005). Enforcing laws that discourage juveniles from executing major crimes are effective in reducing crime rates and implementing public safety. Also, those that have already committed severe crimes are less likely to reoffend after exposure to adult sanction. Like Christopher Simmons, juveniles are aware of the crimes they are committing, and may even be proud of their actions. Regardless of the motive, teens committing major offenses should be placed in adult sanctions because their actions are no different than adult offenders. The intimidation of adult detention is successful in both deterring juvenile crime, and appropriately holds minors accountable for their severe offenses.

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

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.

Juvenile courts have a wide range of sentencing options (usually called "disposition orders") that they can impose on juveniles or youth offenders who are found to be "delinquent" (that is, finding that the minor violated a criminal law). Typically, disposition options fall into two camps: incarceration and non-incarceration. One non-incarceration option in particular -- probation -- forms the backbone of the juvenile justice system. Read on to learn about the different kinds of sentencing options used in juvenile court, the ins and outs of probation, and whether a disposition order can be appealed or changed. (For more information on juvenile court cases, see Nolo's article Juvenile Court: An Overview.)

June 25th 2012, The Supreme Court ruled that juveniles who commit murder could not be sentenced to life in prison or in other words juveniles could not be sentenced as an adult would be. The Supreme Court brought forth that sentencing juveniles to life in prison transgresses the eighth amendment’s ban on cruel and unusual punishment. How is a 17 year old criminal different from an 18 year old criminal who both commit a murder crime? Apparently the age creates a significant difference according to the Supreme Court. Maturity and Development of people under 18 are clear incentives that support the decision made by the Supreme Court. A murder is a murder, it will always be the action of taking away someone's life. How is “The Criminal didn’t know

Helping adolescents will circumvent the astronomical amount of money made by prison systems. Change is enviable, but many people want to keep things the same. Jails are making money because inmates work for pennies on the dollar. Most prisons support and employ the whole town or city. Lawmakers and prison owners want to continue to reap the revenue benefits. Progressive laws make better living conditions. Challenges from prison owners and lawmakers will make it harder to protect adolescents from being charged like

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.

In today’s society there has been an increase in the crimes committed by juveniles. Most juveniles have underlining factors that have caused them to choose this type of lifestyle. Many children in the juvenile system have come from impoverish stricken neighborhoods and are festered with gang activity which has made them a product of their environment. The minds of adolescents do not allow them to see how they are affecting their lives. A study was conducted, and according to the article, “Adolescents in Adult Court: Does the Punishment Fit the Criminal?”, when children mature, they will look back at their past and possibly leave their surroundings. Think about two people committing the same crime, both with the same thought process and ability to make decisions, except one is a juvenile and the other is grown. Due to the lack of experience in decision-making or the time to evaluate the situation like the adult, the youth should be viewed as irresponsible. The fact that a child’s mind is still maturing should reassure people that they will not be the same person incarcerated a few years later.

“For any crime to occur, there must be the convergence “actus reus” ( The guilty act) and “mens rea” ( The guilty mind) known as criminal intent.” ~ Philip Holloway, CNN. Crime in any situation is tragic, so it is only plausible that those who deal the crime are charged accordingly. Violence is implicated in our minds each and every day, anywhere from video games and tv shows, to our own cellular devices. So it only makes sense in a technological rise that juvenile crime rates would also be on a rise. So shouldn’t they also be charged accordingly? Or is that the loophole in the judicial system? Justice should be served to all who have done wrong under the law, therefore any child or juvenile that knows how to pick up, load a gun and shoot

Juvenile delinquency has been a problem in the United States ever since it has been able to be documented. From 100 years ago to now, the process of juvenile delinquency has changed dramatically; from the way juveniles are tried, to the way that they are released back into society, so that they do not return back to the justice system (Scott and Steinberg, 2008). Saying this, juveniles tend to

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.