CJUS 230. Professor Jennifer DeBoer | Juvenile Justice | Should Children be Tried as Adults? |
Rick Penor
5/12/2010
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Juvenile Justice: Should children be tried as adults? Are youth capable of fully understanding the consequences that their actions may cause or are they mentally incapable of processing that information? Juveniles commit crimes just like adults. Sometimes the crimes they commit are heinous, but does that mean they are no longer a child? I believe there may be special cases when a youth should be tried as an adult, but in most cases, they need to be processed through the juvenile justice system. In the last part of the 18th century, children under the age of seven were regarded as being incapable of
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In 1980, congress added an amendment that required juveniles be removed from adult facilities. The 1980’s and 1990’s have had some significant changes in the treatment of juvenile offenders. States have added to their purpose clauses of juvenile code phrases such as “Hold juveniles accountable for criminal behavior”, “Provide effective deterrents”, and “Impose punishment consistent with the seriousness of the crime”. When a child commits a violent crime, are they automatically considered an adult? Or is the child incapable of fully understanding their actions? Studies suggest that the prefrontal lobe of the brain, which many scientists believe plays a crucial role in inhibiting inappropriate behavior, may not be fully developed until the age of twenty. Many experts also believe that children do not possess the moral or intellectual capacity to fully understand the consequences for their actions. They argue that youth lack the capacity to be defendants at an adult trial. Many experts contend that rehabilitation in a juvenile detention center is more beneficial for the youth and for society compared to releasing someone who has spent their childhood and young adult life in the prison system. A youth coming out of the juvenile rehabilitation system is less likely to commit a crime than someone coming out of the adult prison system.
Whether juveniles should be tried as adults in the justice system or not, has been an ongoing debate for many people. There has been many cases throughout time where people under the age of 18 have been tried as adults in the justice system. Information about this debate can be found in articles, novels, and podcasts. Typically people who are under the age of 18 are identified as a juvenile delinquent and go through different procedures after committing a crime. There is many examples and evidence of why juveniles should not be tried as adults. A juvenile is typically considered a person who is under 18 years of age.
Whether a child who has committed a serious crime deserves rehabilitation or harsh punishment has been argued and the Juvenile Justice System is being blamed. Children who deserve real punishment are receiving rehab and children who deserve rehab are receiving harsh punishment. Many children’s lives are getting ruined because of unnecessary harsh punishment. Some juvenile offenders are not learning their lesson. The article “Sentences Show Acknowledge Juveniles’ Maturity, and Immaturity,” by Laurence Steinburg and the article, “Remember the Victims of Juvenile Offenders,” by Jenifer Bishop-Jenkins differ not only in their views of issues surrounding the American juvenile justice system, they differ in quality; however, Steinburg who argues for rehabilitation, clearly presents the best argument using logical reasoning and relevant evidence.
There are many controversies that surround juveniles being rehabilitated rather than going through the adult justice system, but studies show that juveniles are not fully developed to be tried as an adult. One of the main questions that it always boils down to is “should juveniles be tried as adults?” in my opinion juveniles should not be tried as adults because of their age.
This seems to be the whole fuss in the criminal justice system when juveniles commit an adult crime. Do they get off and get sent to Juvie? Or are they tried as an adult? How serious was the crime? Did they know what they were doing or how bad the consequences will be? In order to be charged as an adult for a serious crime, I think, they would have to fully understand what they did. They might not have understood fully, or at all, what the consequences of their crime was, but they knew what they were doing. In the 1st line of this article, Juvenile Justice in the U.S. Facts for Policymakers, it says: “Recent research shows that the human brain continues to develop through-out adolescence, with the prefrontal cortex - the section of the brain
There are times juveniles should not be convicted as adults because sometimes the “crimes” may not harsh enough to be charged as an adult. For example, if a 8 year old saw a gun in their mother's purse and thought it was a toy and grabbed it and began to shoot who would be at fault ? Plus children in adult prisons are 10 times more likely to be taken advantage of in their time. Research shows that children prosecuted in the adult criminal justice system are more likely to reoffend than those held in the juvenile justice
“Hey, they’re only kids.That is until they foul up, until they commit crimes, and the bigger the crime the more eager we are to call them adults.”Marjie Lundstrom since they are kids they can't smoke or drink, or go into rated R movies without our consent. So the question has been going around whether or not they should be tried as adults and spend life in prison without parole. I most strongly agree that they should sentence juveniles to life in prison without parole.
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.
There are many similarities and differences between the adult and juvenile justice systems. Although juvenile crimes have increased in violence and intensity in the last decade, there is still enough difference between the two legal proceedings, and the behaviors themselves, to keep the systems separated. There is room for changes in each structure. However, we cannot treat/punish juvenile offenders the way we do adult offenders, and vice versa. This much we know. So we have to find a way to merge between the two. And, let’s face it; our juveniles are more important to us in the justice system. They are the group at they
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
Michele Deith said “Children brains are still under developed, then why tired them as an adult in court”. A child being tried as an adult effect their lives in many ways. The message of loss hope builds up in their minds prompting the idea that they can’t make mistakes. Because they fear they will always be tired unfairly. Also, being in prison for a life time for an ignorant mistake will make them more likely to commit more crimes. Crime records as a juvenile holds less than an adult record. Majority of juvenile cases are only classified as minor offensives. While, some cases may be different because of the crime, children should still be recognized for learning and should be held responsible however, not on an adult level.
Juvenile delinquency has become a controversial issue within the Criminal Justice system. In the United States, juvenile delinquency refers to disruptive and criminal behavior committed by an individual under the age of 18. In many states, a minor at the age of 16 to 17 ½ can be tried as an adult. Once the individual reaches adulthood, the disruptive and criminal behavior is recognized as a crime. However, the criminal justice system has divided juvenile delinquency into two general types of categories that has brought upon controversial issues of inequality and corruption. Yet, putting young individuals in juvenile detentions facilities seems to open the door for them to commit more crimes in the future. Therefore, under certain circumstances juveniles should be tried as an adult.
I believe adolescents should be tried as adult because from a young age humans know the difference between right or wrong. There have been many instances all over the world where juveniles commit crimes that are unexplainable and unexpected. 3 heart wrenching stories where juveniles commit the most horrid of crimes, are in the last 5 years a 10 year old boy was accused of fatally stabbing his 6th grade neighbor. While in the UK Daniel Bartlam is charged for killing his mother at the age of 14, and lastly, in the USA, an 11 year old boy is charged for killing his father's fiancee while she was pregnant. These are some example of why juveniles should be tried as adults, because if they are old enough to commit these murders they are old enough to face the full force of the justice system.
It is being argued if youths should be charged as adults throughout a heinous crime. It is said that kids brain development hasn’t fully grown to it’s full potential such as adults and by that they don’t know from right and wrong. Also, another argument brought up was the age of teens being prosecuted in adult courts. But if you do the crime, shouldn’t you do the time? From my point of view, teens should be prosecuted in the adult justice system.
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.
“In 2008, police arrested an estimated 2.1 million persons under the age of 18. The majority of these juveniles (67%) were referred to juvenile court jurisdiction. The police used discretion to handle and release a portion (22%) of these youths” (Lopez 2016). That means that 273,000 juveniles were prosecuted and punished as adults, some even receiving life in prison. This begs the question should juveniles, regardless of offense, be tried as adults?