The Issue Of Adult Courts And Prisons

Going back to the early days of American history, there were very little made to distinguish criminal responsibility of children versus that of adults. During this time, juveniles, some young as seven years old could be tried and prosecuted within an adult criminal court. Children would have to stand for trial in court based on the offenses they committed, and could then be sentenced to prison and sometimes possibly even capital punishment. Is this form of justice beneficial to minors, or does it just obstruct their futures?

How would you feel if the police arrested kids all over our country to jail for just crossing the street the wrong way or pushing another kid on the playground? That is what is happening to many underage juvenile all over the United States; they are being sent to adult prisons for crimes that do not deserve such severe punishments. Why they were tried as adults is an enigma and we will explain why this is a terrible injustice. In 1899 children in between the ages of 7-14 were believed they were incapable of committing criminal intent. The court system back then believed that if enough evidence could be gathered to convince a jury, the underage person would be convicted and sent to an adult prison. Currently in our state, persons as

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.

The United States has the highest prison population in the world, with over two million incarcerated (World Prison Brief, 2016), of whom many are juveniles. It is well documented that youths who enter this system are more likely to suffer a host of negative health and lifestyle outcomes, such as alcohol/drug abuse, high school dropout, and mental health problems. Such phenomena occur in stark contrast with the aims of the US juvenile justice system, which supposedly intends to help offending youths re-assimilate back into society as productive citizens. As previously mentioned, incarceration often leads to poor mental health, which when combined with the conditions of confinement significantly raises the rates of suicide and

Some juvenile delinquents are being treated like adults and being sent to adult prisons instead of juvenile prisons. In an article called “ADULT PRISONS: No Place for Kids,” by Steven J. Smith, Smith presents an argument against treating juveniles like adults. His argument states that minors shouldn’t be trialed and placed into adult prisons because instead of being rehabilitated, they typically come out worse because of the daily exposure to already hardened criminals. Smith provides reasons why juveniles are convicted as adults, the drawbacks of placing adolescents in prisons with adults, and an alternative punishment for juvenile criminals.

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.

Adults, on the other hand, are fully developed and fully conscience of their actions and the consequences that follow. However, because teen brains are not fully developed, this allows their brains to grow and learn from mistakes and experiences. In the article, “Juveniles Don’t Deserve Life Sentences”, author Gail Garinger talks about her first hand experience with juveniles in the justice system. She has seen the potential for them to grow and change over the years, and how being tried as adults and serving life sentences has had severe impacts on many. Gail believe adult prison is not the place for a teen. Placing juveniles in adult prison substantially inhibits their potential for

The juvenile justice system exists to separate the youth from the adults that are imprisoned. The separation exists because of the different levels of maturity that are present between the two age groups. These young offenders are not arrested for the reason of punishment; they are arrested to be rehabilitated so they do not become habitual offenders later on in life. It gives them the opportunity to see what life will be like for them if they are to be adult offenders. With that being said, there are some instances where these young adults are to be tried as an adult offender with an adult punishment. Throughout most of history, young offenders were tried by the same courts as those that tried adults and were subject to the same sanction which does include execution and incarceration. (Masters, p 450, 2013) There are some places that truly believe that young criminals shouldn’t be treated like adults, such as in England. There is a law in affect called the “infancy defense” which says that children under the age of 7 are not to be tried as adults because they haven’t yet formed criminal intent. A child that was between the ages of 7 and 14 could be prosecuted but only if the prosecutor could prove that the child knew what they were doing was wrong. (Lectric Law Library, 2003) Lawmakers and social scientists found that those who were found guilty

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.

In Gail Garingers article Juveniles Don’t Deserve Life Sentences, she mentions that “79 young adults have been sentenced to die in prison,” this is an alarming number of youths who made a mistake that they will regret. Sending someone to prison without help will not do anything, it is just takes away their future and life. These juveniles will never have a family of their own, will not be able to see their family everyday, and will know nothing about the world that is going on around them. Garinder also brings up the topic of sentencing a youth to prison without parole, “... decide whether children can be sentenced to life without parole...” If an adult can be sentenced with the same crime for life with parole, why would a kid get life without parole? Especially when a child does not have the full brain capacity as an adult. If a kid commits a crime, everyone thinks they are bad, but what about what is happening to them mentally or in their family for them to have acted out? No one thinks about that. Taking a youths life does not help the situation, it would be more logical to get them a psychologist or rehabilitation for the action that they have

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.

Imagine a sibling, cousin, or friend, young and oblivious. Not having to worry about the world or the dangers that come with it, just enjoying their youth. Now imagine their once happy, free-spirited self, scared, sad, and lonely with handcuffs, a uniform behind cold metal bars. Imagine the last time you see them is while they are walking out of a courtroom, knowing they won't come back out because they were just sentenced to life in prison. It would be a horrible thing to witness knowing their life hadn’t truly started yet. Juveniles accused of violent crimes should not be tried and sentenced as adults because the frontal lobes of a juvenile's brain is not fully developed, they are more impulsive, and they focus on the potential outcome and

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.

Regardless of age, a killer is a killer. A killer can be the daily customer you have at your job or the child you’re babysitting. “The Supreme Court justices would be wise as well as compassionate to strike a balance: Make juvenile offenders responsible for their actions but don't completely rob them of hope. And this should apply not only to the inmates who were 14 at the time of their crimes but to the remaining 2,497 who were 15 to 18 years old,” (Ellison 19). Kids make mistakes all the time, that doesn’t mean we should take their life away from them. With overlooking the listed factors in court when sentencing a juvenile, this will improve the number of children in prisons. Not all of these children partake in the act because of evil, but merely because of

It is a common believe that adolescents require a special system thru which be processed because they are “youth who are in a transitional stage of development…young offenders that are neither innocent children nor mature adults…” (Nelson, 2012). Because juveniles are in a process of constant development sociologically, psychologically and physiologically, the juvenile court system focuses on alternative sentences and the creation of programs that will offer them rehabilitation instead of incarceration. However, in cases of extraordinary circumstances, the juvenile system shifts from looking at rehabilitation as a first choice to accountability and punishment (Read, n.d). All levels of society are collectively involved in delinquency