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relevance of punitive actions to reduce crimes
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This paper will first define culpability, explore its various levels and examine how it is used during sentencing. Next, this paper will examine literature that supports the belief that age is not the key factor in determining culpability and should not be used to determine guilt or innocence during trial. Finally, this paper will suggest that trying juveniles as adults and remanding them into adult facilities is ineffective at decreasing juvenile crime rates. These issues will be reviewed to determine if physical (chronological) age is a justifiable cause to lessen culpability or an excuse used to mask the ineffective research efforts of lawmakers.
Culpability has long been defined as a legal term that is used by judicial officials to describe the level of responsibility each person has for a crime Giedd et al (1999). Prosecutors use courtroom jargon such as culpability based on physical age as a legal excuse to persuade courtroom officials to reduce sentences for juvenile offenders. Studies taken from Corriero (2007) revealed that a “normal” child can decipher right from wrong as early as the age of 2 physical years but it may take up to 1 additional year for an abnormal child to develop that same unit of cognitive measure. This statement suggests that although it may take longer for an“abnormal” child to reach the same level of understanding mentally, one calendar year does not have to open the door for lessened criminal liability. This raises the chronological age of normal children and lessens the age of abnormal children in many cases. For example, a 14 year old (chronological age) child can have the mental age of a 6 year old or vice versa. Juvenile accountability varies from jurisdiction to jurisdiction throughout the ...
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...dies: An International Journal for Philosophy in the Analytic Tradition Vol. 80, No. 1 (Oct., 1995), pp. 41-49
Smit, D. (2005) The Abolition of Capital Punishment for Persons Under the Age of Eighteen Years in the United States of America. What Next? Oxford Journals Law Human Rights Law Review Volume 5, Issue 2 Pp. 393-401
Staniels, J. (1995) Grading Culpability at Sentencing: The Example of Sentencing Entrapment: Federal Sentencing Reporter Vol. 7, No. 4, Criminal Law Defenses at Sentencing pp. 178-180
Steinberg, L & Scott, E.(2003) Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile Death Penalty. American Psychologist, Vol 58(12), 1009-1018
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5th and 14th Amendment Retrieved from www.findlaw.com October 29, 2011
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
The article titled “ Juvenile Justice from Both Sides of the Bench”, published by PBS, and written by Janet Tobias and Michael Martin informs readers on numerous judges’ opinions on the juveniles being tried as adults. Judge Thomas Edwards believed that juveniles should not be tried as adults because they are still not mature enough to see the consequences of their actions and have a chance to minimize this behavior through rehabilitation programs. Judge LaDoris Cordell argues that although we shouldn’t give up on juveniles and instead help them be a part of society, however, she believes that some sophisticated teens that create horrible crimes should be tried as adults. Bridgett Jones claims that teens think differently than adults and still
There is a great deal of controversy over the trying and sentencing of juvenile offenders today. Many will argue that because the severity of Juvenile crimes has risen, the severity of its consequences should rise; however, no matter how serious the crime is, juvenile offenders tried as adults receive far worse than they deserve. The majority of Juveniles tried as adults are hardly given any form of human rights. Adult jails are not the environment children should have to experience, especially those sentenced for misdemeanors and nonviolent crimes. There are other solutions to reducing juvenile crime. It does not take adult court to straighten out kids on the wrong path. Most children are not even able to recognize that what they had done is wrong. There may be no perfect solution to reducing juvenile crime, but there are ways far more effective than adult trying and sentencing.
It is expected that at a young age, children are taught the difference between what is right and what is wrong in all types of situations. The majority of Supreme Court Justices abolished mandatory life in prison for juveniles that commit heinous crimes, argued this with the consideration of age immaturity, impetuosity, and also negative family and home environments. These violent crimes can be defined as murder, rape, armed robbery, aggravated assault and the like depending on state law. With these monstrous acts in mind the supreme court justices argument could be proven otherwise through capability and accountability, the underdevelopment of the teenage brain and the severity of the crime. Juveniles commit heinous crimes just like adults
When our thoughts turn to the criminal justice system it is only a natural instinct to assume everyone associated with policing, courts, and corrections will have to deal with juveniles sometime in their career. Young people in today’s society can be so easily influenced by social situations, peer pressure, and family members. The courts in the United States are faced with difficult decisions on a daily basis. Sentencing juveniles to adult facilities for their crimes is becoming a common trend in the justice system today; however it is not a deterrent whatsoever. “The current policies of juvenile bind over to adult criminal court and severe sentencing have been unsuccessful
Secondly we will take a short look at the two major court cases that dealt with this issue in the United States. Next this paper will present the factual statistics of the death penalty for juveniles and also take a look at our country's stance on the issue in the international arena. We will then spend a short time looking at some views on the juvenile death penalty, reasons for the death penalty itself, and the arguments for and against the death pe... ... middle of paper ... ...
Although the death penalty alone cannot bring back the life of those who have been murdered, it can serve as ultimate justice for the victims and their families. The deterrence of the death penalty can save lives. While opinions abound on both sides of the fence, in the use of the death penalty on juveniles, no one can argue with the fact that the voices of those murdered cannot be heard. Juveniles may not have fully developed brains, as Raeburn argues, but this is not an adequate excuse to dismiss the death penalty. American society cannot afford to babysit murderers, nor can they rehabilitate them. The end of the innocence begins when an innocent life is taken, and the sanctity of life is held defenseless.
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 California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
Today, we live in a society faced with many problems, including crime and the fear that it creates. In the modern era, juveniles have become a part of society to be feared, not rehabilitated. The basis of the early juvenile justice system was to rehabilitate and create safe havens for wayward youth. This is not the current philosophy, although the U.S. is one of the few remaining countries to execute juveniles. Presently, our nation is under a presidential administration that strongly advocates the death penalty, including the execution of juveniles. The media and supporters of capital punishment warn of the "superpredator," the juvenile with no fear, remorse, or conscience. Opponents of this view encourage the idea that another death is only revenge, not deterrence. We will examine the rights allotted to juvenile offenders, and the punishments inflicted upon them for violations of the law.
Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capitol crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes. Many people claim that the child did not know any better, or that he was brought up with the conception that this behavior is acceptable. Although there is some truth to these allegations, the reality of this social issue is far more complex. Therefore we ask the question, "Should childhood offenders of capitols crimes be treated as adults?"
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juveniles as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability to understand their actions or be provided a second chance.
penalty. In Schonebaum, S.E. (Ed.), Does capital punishment deter crime? (pp. 45-46) San Diego, CA: Greenhaven Press, Inc.
References Glick, B. (1998) No Time to Play: Youthful Offenders in Adult Correctional Systems. American Correctional Association Wilkerson, I (1996) “Death Sentence at Sixteen Rekindles Debate on Justice for Juveniles.” New York Times, November Butts, J.A. and Snyder, H. (1997) “The Youngest Delinquents: Offenders Under the Age of 15,” Juvenile Justice Bulletin (Washington, DC: U.S. Department of Justice) Lefevre, P.S., “Professor Grapples with Execution of Juveniles.” National Catholic Reporter Snyder, A. “Serious and Violent Juvenile Offenders” (1997) National Center for Juvenile Justice