"Injustice anywhere threatens justice everywhere," once said Martin Luther King Jr. Although this principle was once nothing more than a saying, throughout history it has slowly become a reality for humanity to face. When the legal system the people once relied on for justice has failed, law and order are no longer present. Instead, injustice and chaos runs rampant throughout society. As occurrences like these become more frequent, a question is raised toward our society: "Is our legal system effective and just?" In America, adolescents can be charged and sentenced as adults for violent crimes, regardless of their age. Sometimes, juveniles can receive very harsh punishments, such as life in prison, or even the death penalty. Is this fair? …show more content…
The Supreme Court also recognized this when it was "concluded that juvenile offenders are categorically less culpable than adult offenders" (Wood). Juveniles are definitely not considered adults in society. As a result, the federal government has placed various restrictions on certain rights that are not deemed as appropriate for juveniles to possess. Many people who support these restrictions share an opinion with Barbe Stamps, who emphasizes that "children are not permitted the same rights and responsibilities as adults because we recognize their inability to make adult decisions." These restrictions are usually lifted once the individual has reached the legal age, therefore being considered an "adult" in society. However, juveniles do not possess these restricted rights, such as the right to vote, the right to drink, and the right to smoke. Therefore, many argue that it is wrong for courts to sentence juveniles as adults because "the constitutional rights of children cannot be equated with those of adults" (Wood). Also, due to the fact that society does not consider juveniles as adults, the amount of liability placed on a juvenile is less when compared to an adults ' liability of their own actions. This is because it is assumed that the average adult is cognizant of his or her actions and the respective consequences, including possible repercussions. However, the average juvenile does not fit
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
Adult decisions should have adult consequence many minors don’t think about their actions and how it affects others around them. According to
In the article “Kids are Kids- Until They Commit Crimes” Marjie Lundstrom states “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.” If teens seem to commit the same crimes as adults, they shouldn’t get less time. A child should be tried as an adult because a crime is a crime no matter who commits it. … Teens that
I believe the justice system is functioning in the sense of keeping those who are guilty of a crime punished and locked away, but then there are also some faults in the system. At times the justice system will choose a verdict based more on discretion rather than facts or choose to ignore the facts because it believes that there will be a better outcome. When the facts are ignored and the right punishable measurements aren’t practiced, crimes continue to rise and the justice system is believed to be untrustworthy. Juveniles usually rebel when they don’t receive a certain amount of attention in their homes or they suffer a traumatic experience within their immediate family members. Take for example Michael Propst who is only 12 years old and
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
If a ruthless fifteen-year old killed your mother, how would you want the inhumane murderer to be punished? How would you feel if you never got to see your mother alive again while her killer served only a short sentence before being released from jail? Clearly, one would want the worst violent punishment for that murderer to experience. We have to have a system where juveniles, even young juveniles, who commit extremely sophisticated violent criminalities, are not beyond the reach of the law. Truly, children are children. They are reckless and naïve when it comes to their actions, however if one commits a crime, moreover a violent crime, must be punished impartially according to what he/she deserves regardless of the age. Children who commit violent crimes should be held accountable for their actions and tried as adults.
Did you know, that in the United States alone, Over 200,000 children are charged and imprisoned every year as adults? Early in the 20th century, most states established juvenile courts to rehabilitate and not just punish youthful offenders. The system was designed for children to have a second chance at their lives. “A separate juvenile-justice system, which sought to rehabilitate and not just punish children, was part of a movement by progressives to create a legally defined adolescence through the passage of child-labor and compulsory education laws and the creation of parks and open spaces.”(How to reduce crime Pg 1) Although the view on juveniles committing brutal crimes is nearly inconceivable, it is not a solution to give juveniles adult consequences because the effects of the adult system on juveniles are not effective.
Is our justice system fair? Is our justice system truly set out to do what it was meant to do? Or are there social factors and memory errors that come into play that can change a conviction outcome. In today’s court rooms we have, Defense attorneys, Prosecutors, judges, juries, evidence, forensics experts, witness testimonies, and of course the human memory. What better type of evidence than the human memory, right? Unfortunately, human memory is subject to the power of suggestion and unable to truly recall an event when told to recall. In other words, the story may not be the same as the one that actually happened the day of that event because many variables come into play like cross examinations and the way a question can be asked can alter the answer or how the event was perceived. The main focus of this paper is to see how the human brain is not able to effectively recall events which could possibly convict an innocent person of wrong doing. Also how lawyers use the misinformation effect to their advantage. In order to understand how something as simple as a question can decide a person’s faith we must first answer some questions. First, How does memory actually work and how is memory retrieved when your need to answer a question or being cross examined? Second, how does the misinformation effect play a role when a witness needs to testify against the defense or vice versa? Third, how can structuring a word or sentence effect the outcome of a conviction?
Capital punishment for juveniles is one of the most controversial topics to ever be explored in society and in the criminal justice system. The death penalty is a rare occurrence amongst juveniles since it is so arguable as to whether they should be tried as adults. Lynn Cothern from the Juvenile Justice Resource Center suggests that “the primary purpose of the juvenile justice system is to hold juvenile offenders accountable for delinquent acts while providing treatment, rehabilitative services, and programs designed to prevent future involvement in law-violating behavior” (Cothern). The juvenile death penalty has been argued over for centuries and has stirred enough people to still be around today. While juveniles have been known to commit heinous crimes, sentencing a juvenile to death is an inhumane and cruel fate to serve someone who is incapable of making rational lifelong decisions, and should not be allowed in the juvenile justice system.
Juveniles can be tried as adults for crimes ranging from kidnapping, murder, rape, arson, robbery, torture, assault, and more. Some of the cases that are sent to adult court are petty crimes, such as: underage drinking, possession of a controlled substance, and other minor crimes. The question is whether they should be tried as adults. These are all adult actions, on one hand, and may lead a person to wonder what brought a child to commit these crimes. One might further inspect that if a child or teenager is engaged in so-called “adult” activities, what kind of activities might a child choose to be involved in adulthood? What is the child’s background? Can you blame the child of a heroin addict for having access to drugs at a young age? Can you blame the child of a murderer for acting out? Yes, everyone has a choice even a child.
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.
“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
Many young adolescents who have committed horrendous crimes have been a huge topic amongst the Supreme Court. Whether young adolescents are viewed as innocent, naive children to the public, this not changed the fact they can commit brutal crimes. In spite of the fact that adolescents have committed brutal crimes such as murder, one needs to understand that their brains are not as fully developed as an adult brain would be. Adolescents should not be trialed to a life sentence or attend adult prisons; however, they should be punished for their actions and undergo rehabilitation programs to help them be prepared to fit in with the rest of society.
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).