The Judiciary System

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.

Juvenile delinquency is an ever growing issue in the United States, according to the Office of Juvenile Justice and Delinquency Prevention, “In 2012, there were 3,941 arrests for every 100,000 youths ages 10 through 17 in the United States” (OJJDP, 2014). The way juveniles are treated in the criminal justice system is very different than the way adults are. In 1899, in Cook County, Illinois, the first juvenile justice system in the country was founded. This established an alternative way of dealing with offenders whom are inherently different, in the way they think and commit crimes, than those of adult age. There are a few distinct differences between the juvenile and adult criminal system, but the biggest difference is the

With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.

It is common knowledge that t he degree in which a person is convicted, more often than not, depends on the severity of the crime. In the late 80’s and early 90’s, juvenile crimes were at an all time high which resulted in the a strong advocacy for stricter trials for young criminals . Many congressmen pushed for harsher trials and punishments for juvenile offenders to set the example that even though they are young, their actions have consequences. Miles Corwin, a journalist for

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.

“The court finds you guilty on all accounts. You are sentenced to 35 years in federal prison. Court dismissed.” If only justice in America was the same as a hollywood movie, where, in the end, each and every person put on trial receives a true and just verdict. It would be nice if America’s justice system was designed so that “you couldn’t be the next victim of corruption - innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings by American lawyers” (Sachs, America’s Corrupt Legal). Welcome to the new America, where all it takes is pockets as deep as the Pacific Ocean to be innocent and poverty to be found guilty, thrown in jail, and not given a second thought. Although America often prides itself on its just ways of governing and dealing with potential criminals, the justice system is often corrupted because of social issues, ethical issues, corrupt officials, and control of the press.

This paper is an attempt to understand and point out the flaws in the legal system that has of late in many cases begun to treat juveniles in the same footing as adult offenders. There is a raging controversy over this move that makes young offenders to be tried and incarcerated just as if the crime was done by an adult. The arguments over this have been made in the Supreme Court and the land mark judgement Roper Vs Simmons (1995). However it is submitted that simple observations of the post procedure effects on young persons have not been verified or recorded properly. If this system continues, would it not be against the logic of creating the juvenile justice system

People feel that the American justice system constructs upon holding perpetrators accountable for their actions. Most states in America believe by setting harsh sentences that this will act as a deterrent to other juveniles who are considering committing crimes. There may be some veracity to trying juveniles as adults. The juvenile arrest rate reported by the Office of Juvenile Justice and Delinquency Prevention shows that, “The juvenile Violent Crime Index arrest rate increased in the mid-2000s, and then declined through 2012 to its lowest level since at least 1980. The rate in 2012 was 38% below its 1980 level and 63% below the peak year of 1994. In 2012, there were 182 arrests for Violent Crime Index offenses for every 100,000 youth between 10 and 17 years of age. If each of these arrests involved a different juvenile, which is unlikely, then no more than 1 in every 544 person’s ages 10-17 was arrested for a Violent Crime Index offense in 2012, or less than one-fifth of 1% of all juveniles ages 10 to 17 living in the states.” This rating shows that by trying juveniles as adults has coincided considerably with the lowering rate of juvenile

Within the past decade,nearly every single state has altered its juvenile program in reply to observed increases in serious, persistent, and pugnacious youth crime. These adjustments weaken the power of juvenile courts as legal decisions and statutory adjustments transfer more youths from juvenile courts to criminal courts so that youthful offenders can be sentenced as adults. Corrections to juvenile sentencing regulations perpetuate the punitiveness of sanctions made accessible to juvenile court judges. Supplementary strategies seek to "combine"or merge, juvenile and criminal court power and sentencing power above pugnacious youthful offenders. These "get tough" strategies alter the numbers and varieties of juveniles confined in mature and juvenile correctional abilities and pose fundamental setbacks for administrators in both systems; accelerate the functioning within the procedural integrity amid the juvenile and convict justice systems; and corrode the rationale for a distinct juvenile court.

The question to whether or not a juvenile should be tried as an adult for committing a crime is still quite complex. There are those that believe a crime is a crime and no matter who the person may be they shouldn’t be punished the same way as everyone else. Though other oppose that they shouldn’t be punished so harshly because it can severely fracture their mental health. For support the use of statistics of juveniles sentenced to prison will be demonstrated, cases of individuals whose gone through those dilemmas, and own personal observation of the matter.

In today’s society there has been an increase in the crimes committed by juveniles. Most juveniles have underlining factors that have caused them to choose this type of lifestyle. Many children in the juvenile system have come from impoverish stricken neighborhoods and are festered with gang activity which has made them a product of their environment. The minds of adolescents do not allow them to see how they are affecting their lives. A study was conducted, and according to the article, “Adolescents in Adult Court: Does the Punishment Fit the Criminal?”, when children mature, they will look back at their past and possibly leave their surroundings. Think about two people committing the same crime, both with the same thought process and ability to make decisions, except one is a juvenile and the other is grown. Due to the lack of experience in decision-making or the time to evaluate the situation like the adult, the youth should be viewed as irresponsible. The fact that a child’s mind is still maturing should reassure people that they will not be the same person incarcerated a few years later.

Officers in a Texas McDonald’s parking lot saw a black man and a white man in the process of exchanging seats on a road trip from Florida to California, while leaving the parking lot; the officer implied that the man driving did not use his right turn signal. The men alleged that their privacy was invaded when the vehicle was searched without a warrant or permission from the driver. When one of the men attempted to video tape the incident on a cell phone he was told to stop. The term “driving while black has been used to describe the practice of law enforcement officers to stop African American drivers without probable cause” (Weatherspoon, 2004). The United States Justice System is based upon a flawed designed through miseducation of students in the school system, maintaining of a slave mentally in the prison system, and the perceptions of African Americans in America.

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

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).

Juvenile delinquency has been a problem in the United States ever since it has been able to be documented. From 100 years ago to now, the process of juvenile delinquency has changed dramatically; from the way juveniles are tried, to the way that they are released back into society, so that they do not return back to the justice system (Scott and Steinberg, 2008). Saying this, juveniles tend to