Sentencing of Juveniles Essay

One of the most controversial questions in the juvenile justice system today is, "Should the death penalty be applied to juveniles?”. A lot of people think that the death penalty for juveniles is cruel and unusual punishment and should only be used for adults. The crimes that juveniles commit are as dangerous and as violent as adult crimes. People argue that the adolescent brain does not mature until the late teens or early twenties, and that death penalty should not be the resolution. Some studies show that childhood abuse or neglect can causes the child to commit crimes when they grow to adulthood. Debate about the use of the death penalty for juveniles has grown more intense because of the crimes they are

In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While

Juveniles should not receive severe adult sentences for the murders they commit due to their underdeveloped prefrontal cortex not allowing them to fully process decisions and consequences at a young age. In fact, the prefrontal cortex is the part of the brain where decision making originates and does not fully develop until the age of 25. Furthermore, sentencing a juvenile as an adult while they are at an impulsive age and subject to peer pressure is resulting to cruel and unusual punishment as defined in the eighth amendment of the United States Bill of Rights. Eventually, imposing an adult verdict over a juvenile would inhibit a proper rehabilitation for the convicted juvenile. Hence, it is recommended that states that currently have life without parole or the death penalty laws, ratify a new law for juvenile convicts for proper sentencing and rehabilitation.

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.

As a contrast, there are many differences between the adult and juvenile justice system. These differences consist of the right to a jury, the right to post bail, leniency of evidence, different court proceedings, the right to a public trial, and rehabilitation efforts. As for the purpose of this paper, we will dissect the differences of the two systems. Many appeals have been filed under the notion that a right to a jury should be upheld for juvenile offenders. The courts have voted against this action time and time again. These appeals are made on the assumption that, as noted earlier, adult crimes should be tried as adult crimes. However, the court rules on this matter while keeping the rehabilitation efforts of the juvenile courts in mind, as opposed to the more punitive measures. Their desire to see kids treated as kids are defined with their upholding of the law, and pushing rehabilitation to its max. But should rehabilitation be the prime focus when the act is of adult capacity; even in a child’s body? I do not think so. What are the percentages of rehabilitation success with adults for committed capital offenses? How are they going to differ when a child partakes in them? I think there is a

Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is

In August of 2004, Robert Acuna was sentenced to the death penalty. His crime? Shooting his two elderly neighbors, James and Joyce Carroll, "execution style" and then proceeding to steal their car (Liptak). This heinous crime only adds to the current debate: should juveniles be sentenced as adults? The answer is yes, there should be no leniency displayed towards minors who commit the same serious crimes as adults. Although young, juveniles should be capable of understanding the serious extent of the crime they commit. Sentencing juveniles as adults will prevent perpetrators of major crimes, such as mass murder, from walking free. Furthermore, judges have enough experience to know whether to try a minor as an adult or not. Juvenile sentencing as adults is not a wrong but rather a form of justice in the face of rising teen violence.

Most of the time, the system has proven itself to be unsuccessful in dealing with juvenile crimeMost often, the system is unsuccessful. “There are kids who are five times more likely to be raped or otherwise sexually assaulted in adult prisons than in juvenile facilities. The risk of suicide is likewise much higher for juveniles in adult jails.”(How to reduce crime Pg 3). When juveniles are sent to jail, they are still relatively impressionable from people in the prison, and may go back into crime after they’re released, hindering rehabilitation and just creating another violent criminal in the world. The court sentencing the criminal is also at

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

A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian

Imagine sitting in a courtroom, hoping the the judge will not give a harsh sentence. Unfortunately, that’s the case for many juveniles, some as young as 13! A juvenile is subject to a more severe sentence with the limited sentencing available. It is estimated that 250,000 youth are prosecuted as adults, each year. This number should change, as juveniles are not adults, both mentally and physically. Juveniles need an environment surrounded with guiding adults, education and the resources to help them. A juvenile is not an adult, and should not be tried as one.

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

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).

Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).