Rights Of Juveniles

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

In 1988 the case of Thompson v. Oklahoma it claimed that the Constitution prohibits execution for crimes committed at age 15. The outcome of the decision was that a State’s execution of a juvenile who had committed a capital offense prior to age 16 violated Thompson unless the State had a minimum age limit in its death penalty. (2) The court decided that juveniles younger than 16 when they committed a crime may not be executed. Wayne Thompson is serving a life sentence in prison without the possibility of parole. Another case in the juvenile death penalty cases is Atkins v. Virginia; The U.S. Supreme Court banned the execution of mentally retarded persons in 2002. Justices ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. The most important

One of the most debatable topics in today’s justice system is whether or not juveniles should receive waivers to adult court. There are three methods that are used to transfer a juvenile to adult court. Juvenile waiver, statutory exclusion, and Concurrent Jurisdiction are the three different methods used to transfer a juvenile to adult court. Statutory exclusion is when the juvenile is transferred immediately to the adult court. Concurrent Jurisdiction is when the juvenile may be tried as an adult and a juvenile at once. Throughout all three methods juvenile waiver is the most common one that is used throughout juvenile courts and used in mostly all states. The only states that do not provide judicial waivers are Nebraska, New York, and New Mexico. When a judge transfers a juvenile to adult court, he or she is denying the protections that the juveniles receive. The judge makes the decision of whether or not the juvenile is tried as an adult. Double Jeapordy laws protect the juvenile from being tried in juvenile court and then adult court because of the fact that a juvenile would be tried twice. Most times 17 or 18 year olds are the youngest age limits that can be waived to adult court, but in some states ages low as 13 or 14 can be waived. It depends on the crime that a juvenile commits on whether or not he or she is transferred to adult court. Once the juvenile is tried as an adult, he or she will be affect in the community for a lifetime versus having his or her records

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 are many controversial issues in our world today, and each of those issues is well debated by people who either support it or absolutely loathe it. One of those highly debated controversial issues is the juvenile death penalty. Since the Roper v. Simmons case in 2005, sentencing juveniles to death is considered illegal on the grounds that it violates the Eighth Amendment rights (Babcock 6). Although it is considered illegal in the United States, it is still a highly debated problem. There are people that believe the juvenile death penalty is an effective punishment and should not be illegal. On the other hand, many believe that the juvenile death penalty is an extreme punishment and should not be an option when it comes to sentencing juveniles. With such a critical issue, it is only considered fair to understand both sides opinions about the juvenile death penalty.

October 21, 2002 - In a 5-4 decision, the Supreme Court refuses to reexamine whether executing killers who were under 18 when they committed their crimes is constitutional. The US, along with Somalia, is one of the last remaining countries in the world where it is legal to execute juveniles.

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.

The state of Oklahoma alone has executed 195 people for crimes such as rape, murder and kidnapping. (“Crimes Punishable”) In the Constitution of the United States the eight amendment prohibits “cruel; and unusual punishment” inflicted on those who have been convicted of a crime. A total of 34 states have performed executions on people for various crimes. How do we know what is or isn’t “cruel; and unusual punishment”? Some would say the death penalty is stretching the ways of the law and others would say it is a complete violation of the constitution. The views of people are split evenly. People want others to pay for what they’ve done but may think that the death penalty is a little too extreme. Oklahoma is a very conservative state, and we like to do things the “old way”. With society changing so frequently we rarely match what the others states are doing and we could potentially be seen as a “bad” state. So the decisions such as whether or not to have the death penalty affects all Oklahomans and some aren’t okay with that. In the paragraphs below we will explore all aspects of the death penalty, and by the end we will find out what made the people decide the death penalty was constitutional and what exactly the people’s opinions on this subject are.

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

The constitutionality of the juvenile death penalty reached a settlement in 1988 in the case of Thompson v. Oklahoma when four Supreme Court Justices reached the conclusion that: persons under sixteen years of age cannot be sentenced to death (Thompson v. Oklahoma, 1988). Justice Stevens, Brennan, Marshall, and Blackmun considered these important issues as they were deliberating on the case: (1) Does a national consensus forbidding executions of juveniles exist?; (2) the extent to which the laws of other Western European nations prohibit or permit the execution of juveniles, and the opinions of " respected professional organizations;" (3) the degree to which the juveniles should be held responsible for their actions; (4) Whether the execution of juveniles contributed to the retributive or deterrent goals of punishment; and (5) Whether the small number of juveniles executed represents the "waton and freakish" application of the death penalty as condemned by Justice Stewart in Furman V. Georgia (Furman v. Georgia, 1972: 2763, Thompson v. Oklahoma, 1988: 487 U.S. 815). Following the decision, thirty eight states and the federal government created statutes authorizing the death penalty for certain forms of murder and other capital offenses ( Streib 1 of 2). Thompson v. Oklahoma held that no state within the minimum age line within its death penalty can go below the age of sixteen. Presently, fifteen states have chosen the min age of eighteen, four states have chosen

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 15-year-old Gerald Gault was on probation, he and a friend made ‘obscene comments’ in a telephone call made to a female neighbor. At the hearing, Gerald had no counsel. On top of that, the victim, the neighbor, was not present, and there was no evidence presented. He was found guilty and sent to a training school. Personally, I think that the trial was really in violation of due process rights. From what I have learned in the past, all suspects have access to an attorney, and they have a right to be able to face the victim in their trial. Having Gerald adjudicated delinquent and sending to a training school was unfair to him. He had an unfair trial, and therefore should have had the option to be retried with the victim and an attorney present.

In the United Sates, the first juvenile death penalty recorded occurred in 1642 of a minor under the age of 18 and the youngest person ever given the death penalty was ten-year old James Arcene in 1885 for robbery and murder (Strater, 1994-1995). By 1994 there were only 9 states, among which were New Jersey, Kansas, and Maryland, that prohibited the death penalties for juveniles. In 2003 the number of states permitting capital punishment declined to 21, a number of them allowing this punishment to those as young as 16 (Steinberg & Scott, 2003). Since the days of the first juvenile execution approximately 362 more juveniles have been

Kids should be subjected to the measures of punishment that our judicial system is giving to them. Kids who show lots of enmity should be tried as adults. It is the only way to protect the innocent children. These kids know right from wrong, but they choose to do the wrong things and violence is wrong. As the laws have gotten stricter on discipline the kids have gotten wilder. When we let society tell us how to discipline our children then violent children is the result.

An Impassioned Debate: An overview of the death penalty in America depicts the facts about the eighth amendment. The eighth amendment is the prohibition on cruel and unusual punishments (Masci 1). There are two significant cases that have inflamed the debate over the capital punishment, The Baze v. Reese case, and the Kennedy v. Louisiana case. The first case reveals the strong debate that the execution by lethal injection is inhuman and in violation of the eight amendment. The second case inflamed the