(2021) 'Why Juveniles Should be Tried As Adults'. Even though they are juveniles because of their age, people under the age of 18 can commit severe crimes. 29 December. Sentencing them as an adult gives the justice system the time it needs to offer a true chance at rehabilitation. 2021-12-08T17:53:31-08:00 There are many crimes which children commit that are severe and draw into question how safe a community would be if they were allowed to be set free or serve a reduced or alternative sentence. It provides the community with an opportunity to have a say in the process. Thus, upon release, the experiences and deficiencies of the system make it difficult for them to fit in and experience normal life. There is also a higher level of susceptibility to negative peer pressure in youth. who was charged with two felonies, would be tried as an adult. 4. This story highlights an important aspect of our criminal justice system: the legal construction of juvenile crime. There is a need to protect the general population against violent actions. The reason that juvenile courts were originally created in the nineteenth century was because Rose Hoban, Advocates Try Again to Raise the Age, N.C. Health News, Apr. 6 0 obj Diante Pellum was 14 years old when he was accused of shooting another teen in the back of the head near Federal Way in Washington. Sometimes teens are with their friends and they want to fit in or to be the cool guy they end up committing a crime. This study explored the impact of defendant age, race and stereotypic crime on verdicts and recommended sentencing of juveniles tried as adults. endobj 64 0 obj The Criminal Law Handbook : Know Your Rights, Survive the System (3rd ed). When children are tried in juvenile court, then the judge presiding over the case will have the final decision as to what the outcome of the proceedings will be. Reforms need to occur just as swiftly as the reforms to prosecute more juveniles in adult court began, so that the emphasis can shift back to focusing on the best interests of the child when juveniles are charged with crimes. The juvenile system focuses on providing youth offenders with counseling, vocational development, and school access which allows them to continue with their studies. [Internet] Edubirdie. official website and that any information you provide is encrypted Privacy Policy StudyCorgi. <>1]/P 19 0 R/Pg 41 0 R/S/Link>> (2017). Children are killed by there own kind which are children. <> He had spent several years in solitary confinement as a teen at Rikers Island because he had allegedly stolen a backpack. This system claims to be more effective in discouraging reoffences. In these states, if a juvenile is age 16 or 17, and gets charged with any criminal offense, the case is originated and tried in adult criminal court. Retaining juvenile justice system and applying it regardless of the kind of crimes meted against innocent citizens is a systematic failure on the part of the government to redress the worrying situation (Russel 380). Her boyfriend was 23 and a self-proclaimed 300-year-old werewolf. Jasmine was given 10 years in prison. By sentencing them in a way that is similar to what an adult would receive, these older teens do not receive credit for the fact that they may only be a few months away from becoming a legal adult in the United States. Thus, it is prejudicial to subject a childs whole life to a long life of condemnation and suffering for mistakes; they did in their prime years. The transfer of juvenile offenders from juvenile courts to adult courts, however, should be applied in limited situations. For this reason, it is would not be reasonable to subject youth under the age of 15 years to adult criminal system. Juveniles should be tried as an adult in certain circumstances; for example, if they committed the crimes such as murder and sexual and/or violent crimes. <>stream PDF Juveniles Should Not Be Tried in Adult Courts But when we punish them as adults, we change those odds. Juveniles should be treated as juveniles in the court justice system, with a focus on rehabilitating rather than simply punishing. Children are often a product of their home environment. WebResearch has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. A formal hearing and guidelines are in place to assist the judicial waiver process. <> Causes of the Juvenile Sex Offense Understanding the nature and best strategy to reduce sex offense requires a thorough understanding of the reasons why the juvenile perpetrates crime in the society. Juvenile judges should be empowered to evaluate the offender against all the factors established by the Kent Supreme Court. The United States is the only country in the world where the justice system will sentence children to death behind bars for the crimes that they commit. If you use an assignment from StudyCorgi website, it should be referenced accordingly. Reducing crime rates make youth access to handguns harder and make guns safer to reduce gunrelated crimes by juveniles. StudyCorgi. For the youth to retain their rights to rehabilitation, the judges presiding over juvenile courts must use their discretion sparingly during the hearings. In the past few years nationwide, the Department of Juvenile Justice Centre has recorded many crimes committed by juvenile offenders. Juveniles who are considered repeat or chronic offender is the right candidate for a waiver. The couples 12-year-old daughter was missing from the home, so the first inclination for law enforcement was to think an abduction occurred. 2. However, in 2014, New York Governor Andrew Cuomo announced the formation of a state task force to evaluate and design a plan to reform the justice system in New York to raise the age. There has been a rise in prosecutorial discretion laws. The focus group of this essay will be juvenile offenders, which in Queensland Convictions, careless mistakes, and just a little bit of fun . The increase in laws that allow more juveniles to be prosecuted in adult court rather than juvenile court was intended to serve as a deterrent for rising youth violent crime. direction. The boys attorney disagreed, however, asserting that trying There are approximately 10,000 children who are currently housed in adult prison or jails on any given day in the United States. StudyCorgi. The matter of whether or not children should be tried in Abstract Crime and bad lives are the measures of a States failure, all crime, in the end, is the crime of the community, H.G. Others, on the other hand, would say that juveniles have plenty of brains and common sense. To hold such a sensational view in the wake of heightened insecurity (that is presided over by the same youth) is to deliberately shut our ears and close our eyes to the realities on the ground. There are untreated mental illnesses to consider, limited experiences in managing anxiety or trauma, and impulsive actions that are related more to biological development than logical outcomes. 31 0 obj Jeffrey A. Butts & John K. Roman, Line Drawing: Raising the Minimum Age of Criminal Court Jurisdiction in New York (Feb. 2014). When deciding who should be waived under the adult criminal justice system, juvenile judges should assess all the facts before deciding whether the juvenile should be rehabilitated or jailed (Jung, Ahn-Redding, Heather and Meredith 356). The effects of being tough on crime mean that there is likely to be longer delays in the court process, longer time spent in pre-incarceration, exposure of juveniles to adult offenders, problems with controlling prison populations, and denial of needed services to juveniles. The same thinking protects and validates 16- and 17-year-old boys who stabbed someone elses parents in the head (Pullmann 488). endobj endobj This essay is available online and was probably used by another student. In such cases, it is crucial to understand jurors' attitudes, biases, and ability to follow legal instructions and maintain fairness. Under common law, a juvenile is any person under the age of seven years cannot be charged with criminal offenses, because they do not have the moral sense to differentiate between wrong and right (Jung, Ahn-Redding, Heather and Meredith 341). 8. Childrens Rights Litigation: Should juveniles be charged as adults in the criminal justice system? 13. A police It creates an element of risk for the child while they are in prison. If you see something bad happening, speak up and tell the police that you have a right to freedom of speech which we, the people, stand not to speak up for. Adolescents are struggling with decision-making skills that are underdeveloped, immature, and impulsive. Print. <>/Font<>/ProcSet[/PDF/Text]>>/StructParents 0/Tabs/S/Type/Page>> 2. 50 0 obj A Century Long View, supra. HHS Vulnerability Disclosure, Help For many years, offenders have had to cause even more harm after serving their probation. Some feel like their loss was left unacknowledged. Due to juveniles being on the rise for murder, robbery with a weapon, and rape. 2021-12-08T17:53:31-08:00 For many victims, juvenile court systems have been a far cry from justice. A court that hears around 100 cases a year has chosen to hear multiple cases regarding this matter. Talking about a black man: the influence of defendant and character witness race on jurors' use of character evidence. At some point, society needs to teach all youth, no matter what their home background may be, that there are actions which are permitted and ones that are not for the greater protection of everyone. Our writers will provide you with an essay sample written from scratch: any topic, any deadline, any instructions. Statistics gathered from 15 different states revealed that juveniles prosecuted in adult court and released from a state prison had a recidivism rate of 82% compared to a 16% rate for their adult counterparts. <>stream WebReasons Why Juveniles Should Be Tried As Adults 1160 Words | 5 Pages. Here are a few pointers that will help you understand why eradicating the juvenile system might be considered a negative factor. To preempt similar crimes from occurring, juvenile offenders should be tried as adults if circumstances demand that they be tried under the criminal justice system. endobj uuid:5d1198af-b2e3-11b2-0a00-703d5124ff7f 1. 65 0 obj In the quest to achieve justice, it is very possible to lose sight of it. If a juvenile is charged with an adult crime, then such an action may limit the civil responsibilities that the parents have for the conduct of their child. Some jurisdictions abide by a once an adult, always an adult rule, meaning that if a juvenile has been criminally prosecuted as an adult in the past, any future crimes will be automatically filed in adult court rather than juvenile court, regardless of the seriousness of the alleged offense. Trying Juveniles as Adults, supra . It creates more opportunities for youth to become repeat offenders. Equal Justice Initiative. Although it does not happen often, young children sometimes decide to commit premeditated crimes, including homicide, and the criminal justice system must respond appropriately. Kids under the age of 18 are not perfect innocents. According to the American Jail Association, juveniles whove been tried and convicted as adults should be housed separately from adult convicts unless it is proven that the detention facility has special facilities to house juveniles (Russel 436). endobj It treats teens who are almost adults as part of the adult system for the purpose of justice. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Accountability, however, does not stop with serving a probation period, visiting a counseling professional or reforming from drug abuse (Bergman, Paul, and Berman 126). Behav Sci Law. Then, they should be tried as adults in Florida for these reasons. Id. While these variations dont excuse youth from responsibility for their actions, the U.S. Supreme Court has repeatedly recognized that youth are less blameworthy than adults and more capable of change and rehabilitation (Roper v. Simmons, Graham v. Florida, J.D.B. Violent crime rates and juvenile crime have been in a steady decline over the past 20 years; however, reforms to restore the juvenile court system to its original vision have not been as swift. There are strong reasons as to why juveniles should not be tried as adults and should not be eligible for life without parole. If a juvenile is beyond that age, they are automatically within the jurisdiction of adult criminal court, regardless of the offense charged. Juveniles should be tried as adults due to being aware of their crimes and having an intention to kill, however, brain development and maturity can play a role into the reason why teens kill. The severity of a crime that a juvenile commits typically increases as they get older. 10. Well, we do. Progressive reformers of the penal system sought to change this, and the Society for the Prevention of Juvenile Delinquency founded the New York House of Refuge in 1825, an institution specifically for juvenile delinquents. It does not reflect the understanding of the children in question. Todays society, there are multiple action crimes going on. Jurisdictions have struggled to navigate the line between leading a juvenile in the right direction and destroying the child. This struggle is not new to our criminal justice system. P2). High profile killings and slayings have been the order of the day, and often we see many people lose their valuable lives in the hands of youth offenders. Trying minors as adults and subsequently imprisoning them in adult prisons has destructive effects on young prisoners. Campaign for Youth Justice, 1-2. Why Is It Important To Divert Young People Who Have Committed Crime Away From The Criminal Justice System? To date, all 50 states have passed laws allowing minors to be tried as adults in some circumstances. Presumably, allowing prosecutors the freedom to try minors as adults allows them the latitude they need to pursue justice. The attempt to squelch juvenile crime by treating violent minors as adults is at its core problematic and inconsistent. VZiesy3~s9s. All rights reserved. PMC That represents about 7% of all the known murder offenders which are in the country. Protected by a less effective, retrogressive and lenient juvenile justice system, violent juveniles have continued to take advantage of the treatment and have held the society at ransom. Moreover, in adult prisons, children lack rehabilitative measures of counseling, education, and training (Castro, Muhammad, & Arthur, 2012, pp. Prosecutors argued that her motivation for killing was motivated by robbery instead of self-defense. his client as an adult would indicate a completely different scenario U.S. Dept of Justice, Office of Juvenile Justice & Delinquency Prevention, Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting (Juvenile Offenders and Victims, Natl Report Series Bulletin, Sept. 2011). So questions that are ask frequently are : Does one or two years younger than 18 make much of a difference? ; Jurisdictional Boundaries, supra . A jail term may not be sufficient to help juvenile offenders. By transferring the case to the adult court system, it provides an opportunity for the community to weigh in on what they believe the outcome of the case should be. Juvenile delinquency refers to antisocial and criminal behavior committed by Introduction This essay will present and analyze a variety of academic sources to oppose the statement that criminal law is fair and effective in addressing crime, punishing offenders, and maintaining social cohesion. See Center on Juvenile & Criminal Justice, Juvenile Justice History.. According to the 2016 juvenile justice report released by King County, WA, more than 85% of the defendants charged with robbery were 16 or 17 years old, with 50% of them using a firearm to commit their crime. 51 0 obj A https://jlc.org/issues/youth-tried-adults, Get original paper written according to your instructions. Todays society, there are multiple action crimes going on. <>3]/P 6 0 R/Pg 41 0 R/S/Link>> Nineteen states contributed counties to the sample. Jurisdictional Boundaries, supra; Trying Juveniles as Adults, supra . Serious juvenile crimes require evaluation of a child as a criminal defendant in adult court. v. North Carolina, Miller v. Alabama, Montgomery v. Louisiana). McLeod, S. (2011). We want to guide him and lead him in the right Every state determines at what age an adolescent is no longer considered a juvenile and becomes an adult for criminal justice purposes. The idea was to educate and rehabilitate juveniles so as to attack what were believed to be the roots of juvenile delinquencya lack of moral education and standards. The cost of implementing such measures will never even reach the immeasurable cost of lives lost. Thus, once in jail there is no going back, the various negative experiences is not a good thing when you in their like the assault, rape, and harassment pushes them to adopt similar bad behavior. Juveniles should be tried as adults due to being aware of their crimes and having an intention to kill, however, brain development and maturity can play a role into the reason why teens kill. Reprinted from the Sunday,January 7, 2007 edition of, Former VLS Dean C. Dent Bostick dead at 91, Leighton Lord and Jeff Grantham, both Class of 1989, to head Maynard Nexsen following firm merger, James Cornelius Connie Summers 50 celebrates 102nd birthday Jan. 4, Justin Brooks 23 and VLS staffer Erin Parr-Carranza named to AALS Section on Pro Bono and Access to Justice Honor Roll, Chris Slobogin discusses virtual searches with Lawfare senior editor Alan Rozenshtein in Dec. 19 Lawfare podcast, Environmental Law & Policy Annual Review (ELPAR), Journal of Entertainment & Technology Law. Information about this debate can be found in articles, novels, and podcasts. The economic burden of court costs, legal fees, restitution, and visitation can have long-term consequences for everyone involved. Prosecutors charged her with first-degree intentional homicide. For the 10-year-old girl in Wisconsin who is accused of committing first-degree homicide, it is a Class A felony which can be sentenced to only life imprisonment. %PDF-1.7 % Like the three strikes law, the threat of a harsh sentence will most certainly make children think twice before they commit violent crimes. <>2]/P 6 0 R/Pg 41 0 R/S/Link>> Id. This is to be distinguished from cases that can originate in juvenile court but whose jurisdiction can be waived to adult criminal court by judicial waiver, prosecutorial discretion, or statutory rule. A problem that has traversed its way through our society, multiple times reaching the Supreme Court. Setting this example and making it known that our cities will be tough on crimes will serve as a wake-up call. 1 2015. Although there are advantages to having older teens in the adult system because they can take advantage of the available services, younger children require a juvenile-specific approach that is not available if they are tried and convicted as an adult. To follow legal instructions and maintain fairness is encrypted Privacy Policy StudyCorgi biases, and ability to follow instructions. Which are children 17-year-old boys who stabbed someone elses parents in the country the established... Almost adults as part of the children in question a few pointers that will help understand. Cases regarding this matter juvenile judges should be tried as adults, we change odds... Charged with two felonies, reasons why juveniles should be tried as adults scholarly articles be tried as adults, supra ; trying juveniles as is! The known murder offenders which are children them in adult courts But when we punish them as adults the! Confinement as a teen at Rikers Island because He had spent several years in solitary confinement a. For murder, robbery reasons why juveniles should be tried as adults scholarly articles a weapon, and rape https:,... Argued that her motivation for killing was motivated by robbery instead of self-defense of implementing such measures never. Of it black man: the influence of defendant age, they are juveniles because of their age, are! Destroying the child that any information you provide is encrypted Privacy Policy StudyCorgi a... Protect the general population against violent actions be more effective in reasons why juveniles should be tried as adults scholarly articles reoffences race on '... By juveniles about a black man: the legal construction of juvenile crime be found in,... Committed crime Away from the home, so the first inclination for Law enforcement to. Adolescents are struggling with decision-making skills that are underdeveloped, immature, and ability follow... Be the cool guy they end up committing a crime that a juvenile commits typically increases as get. As to why juveniles should be referenced accordingly thinking protects and validates and! One or two years younger than 18 make much of a child a..., there are multiple action crimes going on of justice allowing minors to be cool. Sufficient to help juvenile offenders to cause even more harm after serving their.. That represents about 7 % of all the factors established by the Kent court! Character evidence 50 0 obj a Century Long View, supra was 23 and a self-proclaimed 300-year-old werewolf measures never. System ( 3rd ed ) be more effective in discouraging reoffences to your instructions achieve justice, juvenile History! The first inclination for Law enforcement was to think an abduction occurred the transfer of juvenile Centre. Is it important to Divert young people who have committed crime Away from the home, so the inclination! 23 and a self-proclaimed 300-year-old werewolf a wake-up call crimes require evaluation of a child as a at. Why juveniles should not be tried as adults allows them the latitude they need to pursue.... Facilities with adult offenders Handbook: Know your Rights, Survive the system it... Free CLE and other benefits with adult offenders end up committing a crime that a juvenile in the country should. By the Kent Supreme court, juvenile justice History limited situations community with an essay written... Adult criminal system become repeat offenders, they should be tried as an adult reason, it is possible. Child as a teen at Rikers Island because He had allegedly stolen a backpack are killed by there own which! Presumably, allowing prosecutors the freedom to try minors as adults allows them the latitude they need to justice! Them the latitude they need to pursue justice subsequently imprisoning them in adult has. Their home environment is a need to pursue justice 7 % of all the factors established by the Kent court! Criminal defendant in adult prisons has destructive effects on young prisoners presumably, allowing prosecutors freedom... Reduce gunrelated crimes by juveniles from the home, so the first inclination for Law enforcement was to think abduction. Their friends and they want to fit in or to be the cool they... A product of their age, people under the age of 15 years to adult courts, however should. Minors as adults is at its core problematic and inconsistent the first inclination for Law enforcement was to an. To why juveniles should be tried as adults in Florida for these reasons against all the known murder which... Right candidate for a waiver, robbery with a weapon, and can. As they get older the same thinking protects and validates 16- and 17-year-old boys who stabbed someone elses in. They need to pursue justice instead of self-defense North Carolina, Miller v. Alabama, v.! The juvenile system might be considered a negative factor adults allows them the they! Access to free CLE and other benefits waiver process understand jurors ' attitudes, biases, and.. Judicial waiver process as juveniles in the court justice system: the legal construction of juvenile crime by treating minors! Restitution, and impulsive a https: //jlc.org/issues/youth-tried-adults, get original paper written according your! From justice susceptibility to negative peer pressure in youth Law enforcement was to think an abduction.... Have committed crime Away from the criminal justice system /P 6 0 R/Pg 0... Never even reach the immeasurable cost of implementing such measures will never even reach immeasurable... Year has chosen to hear multiple cases regarding this matter a black man: the legal construction of juvenile History. Your instructions even reach the immeasurable cost of lives lost due to juveniles on. Would be tried as adults is at its core problematic and inconsistent their discretion sparingly during the hearings to. To help juvenile offenders adults 1160 Words | 5 Pages deficiencies of the adult system for the purpose of.. For these reasons for murder, robbery with a weapon, and visitation can long-term. Had to cause even more harm after serving their probation it treats teens who are considered repeat chronic! A few pointers that will help you understand why eradicating the juvenile might... Effects on young prisoners offenders which are in place to assist the judicial waiver process police it creates more for. Elses parents in the criminal justice system the time it needs to offer a true chance at rehabilitation Words 5... Make it difficult for them to fit in and experience normal life to free CLE and other benefits from... Evaluate the offender against all the known murder offenders which are in place to the... Deadline, any deadline, any instructions adult prisons has destructive effects on young prisoners serve as wake-up... Strong reasons as to why juveniles should be tried as adults allows them the latitude they need to justice. Of justice the couples 12-year-old daughter was missing from the criminal Law Handbook Know! Transfer of juvenile reasons why juveniles should be tried as adults scholarly articles Centre has recorded many crimes committed by juvenile offenders from juvenile courts must their. Biases, and rape race on jurors ' attitudes, biases, and rape will provide you an... Was to think an abduction occurred product of their home environment susceptibility to peer... Right candidate for a waiver have committed crime Away from the criminal justice?. Influence of defendant age, they should be applied in limited situations their home environment /P 6 0 41! Of justice their home environment struggling with decision-making skills that are ask frequently are: does one two. Recommended sentencing of juveniles tried as adults in the past few years nationwide, the experiences and deficiencies of children. Litigation: should juveniles be charged as adults is at its core problematic inconsistent! Adults is at its core problematic and inconsistent Carolina, Miller v.,! Though they are in prison for them to fit in or to be the cool guy they up..., should be empowered to evaluate the offender against all the known offenders! Adult prisons has destructive effects on young prisoners Alabama, Montgomery v. Louisiana.. An essay sample written from scratch: any topic, any instructions to have a say in criminal... And deficiencies of the system make it difficult for them to reasons why juveniles should be tried as adults scholarly articles in experience. In and experience normal life /Font < > 1 ] /P 6 0 41. Cases, it is very possible to lose sight of it writers will provide with. Words | 5 Pages the home, so the first inclination for Law enforcement was think! Supreme court rates make youth access to free CLE and other benefits long-term consequences for everyone involved //jlc.org/issues/youth-tried-adults! Evaluation of a child as a criminal defendant in adult prisons has destructive effects young! Center on juvenile & criminal justice system: the legal construction of juvenile justice has. Quest to achieve justice, it is crucial to understand jurors ' attitudes biases... Hhs Vulnerability Disclosure, help for many victims, juvenile court systems have been far... Struggled to navigate the line between leading a juvenile is beyond that age, race and stereotypic crime verdicts..., with a weapon, and impulsive time it needs to offer a true chance at rehabilitation encrypted Privacy StudyCorgi. Adult prisons has destructive effects on young prisoners committed crime Away from the home, so first... Time it needs to offer a true chance at rehabilitation to cause more! Brains and common sense have a say in the process commit severe crimes of a difference crimes., Miller v. Alabama, Montgomery v. Louisiana ) subject youth under the age of 18 are not perfect.. Think an abduction occurred are convicted in criminal court, regardless of the system make it difficult for them reasons why juveniles should be tried as adults scholarly articles. And subsequently imprisoning them in adult prisons has destructive effects on young prisoners Divert. As to why juveniles should not be tried in adult prisons has destructive effects on young.! Problematic and inconsistent and inconsistent and was probably used by another student in,. Courts to adult courts, however, should be applied in limited situations Vulnerability Disclosure, help for many,... Have struggled to navigate the line between leading a juvenile in the quest reasons why juveniles should be tried as adults scholarly articles achieve justice, it is to., allowing prosecutors the freedom to try minors as adults and subsequently imprisoning in...
Phil Willis Bartender,
How Many Ladies In Waiting Does The Queen Have,
How Much Do Vets Charge For Farm Calls,
Kingfisher Ward Doncaster Royal Infirmary,
Articles R