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Juvenile crime punishment
Provide discussion of the history of the juvenile justice system
Youth crime and punishment
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Holden 5
Should Juveniles be Tried as Adults?
Juveniles deserve to be tried the same as adults when they commit certain crimes. The justice systems of America are becoming completely unjust and easy to break through. Juvenile courts haven’t always been known to the everyday person.
The Illinois Juvenile Court Act of 1899 was the first juvenile court established in the United States (Locked Up…). The juvenile court was created to handle the offenders on the basis on their rather than their crime. In the 1980’s and 90’s many states passed laws to try teens as adults (Should Juveniles…). The court system served to the minors under the age of sixteen. The courts didn’t typically support disciplinary actions. The people in charge did everything in their power to not have the victim spend time in a juvenile detention center or better yet prison. Remedial sentences were the most common types of discipline (Locked Up…).
In juvenile court, the judge must decide if the teen gets tried as an adult or minor. If the juvenile gets sent to a juvenile detention center for murder they will live their lives there until they are twenty one, but if tried as an adult they will serve so many years in prison. There is a grey area of law for certain teens that commit serious crimes. In this case of the grey law, each state gets to decide upon the particular state how they person is tried. For most cases pertaining to the juvenile courts are case by case bases. Many believe that it isn’t fair for the teens to be locked up with adults. The U.S. House of Representatives made the Juvenile Justice Act encouraging states to find alternatives to having the teens go through such a process with people much older than themselves (Locked Up…).
Holden 6
Ma...
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...hey commit certain crimes. The justice systems of America are becoming completely unjust and easy to break through. America is seeing a true problem when it comes to the punishment of certain teens. Everything is completely out of control and needs to be set back to help others and make things better rather than continue this riot. Teens deserve to be punished for the things they do. It isn’t fair to let them get by with things such as murder.
Works Cited
“Should juveniles be tried as adults?” Cliff Notes. 2013. Nov.7,2013.
“Locked Up: Should teens be tried as adults?” Current Events April 14, 2008.
Ojeda, Auriana. Juvenile Crime Opposing Views. San Diego : Greenhaven Press INC,
1997.
Reaves, Jessica. “Should the Law Treat Kids and Adults differently” TIME May 17,
2001. 2013.
Sadler, A.E. Juvenile Crime Opposing Views. San Diego : Greenhaven Press INC, 2002.
According to criminal.findlaw.com the definition of the juvenile justice system is the area of criminal law applicable to people not old enough to be held responsible for criminal acts. Juveniles are people 17 and under. Juveniles should be convicted as adults for violent crimes like assault or murder etcetera because if they can commit an adult crime they should get an adult punishment. Also if juveniles don’t get punished for their crimes then they’ll keep doing it because they got off unpunished the first time.
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.
...r the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty one. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system.
Multiple surveys have proven that 65% of the most ridiculous mistakes made by an adult were made in their teenage years. Adolescents are known to make mistakes, but when punished correctly, instead of repeating, they learn. Most people believe the harsher the punishment the less likely a child will act out again, but through research and analysis of the brain this was proven to not be true. When a teenager goes as far as committing a crime, judgement should still be based on the fact that he or she is still a minor. As a juvenile, doing something wrong , no matter the severity, should be resulted in a punishment that requires them to learn from their mistakes. Charging them as an adult does not have the same effect as sending away an adult to do jail time.
Sixteen and seventeen year olds accused of the most serious violent crimes will be tried in adult court unless they can show a judge that both public protection and rehabilitation can be achieved through youth court. Youths in adult court who are found guilty of murder will also serve longer sentences before becoming eligible for parole. Although all of this sounds good, it is actually very rare that the cases are transferred to adult court. If the case is transferred, and the young offender is convicted the young person will be detained in an adult facility, separate from the adult offenders.
In 1899, the juvenile justice court system began in the United States in the state of Illinois. The focus was intended to improve the welfare and rehabilitation of youth incarcerated in juvenile justice system. The court mainly was focused on the rehabilitation of the youths rather than punishing them being that they still have immature ways and still growing. Specialized detention centers, youth centers, and training schools were created to treat delinquent youth apart from adult offenders in adult facilities. “Of these, approximately 14,500 are housed in adult facilities. The largest proportion, approximately 9,100 youth, are housed in local jails, and some 5,400 youth are housed in adult prisons” (Austin, 2000).
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.
Thousands of kid criminals in the United States have been tried as adults and sent to prison (Equal Justice Initiative). The debate whether these kids should be tried as adults is a huge controversy. The decision to try them or to not try them as an adult can change their whole life. “Fourteen states have no minimum age for trying children as adults” (Equal Justice Initiative). Some people feel that children are too immature to fully understand the severity of their actions. People who are for kids to be tried as adults feel that if they are old enough to commit the crime, then they are old enough to understand what they are doing. There are people who feel that children should only be tried as adults depending on the crime.
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.
Historically, there has existed a separate justice system for handling cases involving minor offenders different from adults. State law governs Juvenile justice, and it applies to persons not old enough to be held responsible of criminal offenses. It aims at rehabilitating rather than punishing juvenile offenders. State statutes created juvenile systems to provide ways of protecting, caring and support of children guided by the principle of parens patrie. If a juvenile court relinquishes its jurisdiction, juveniles can be transferred and tried in adult courts.
There comes a point in life where children no longer are considered children. In these crime cases they are viewed as adults, and can be unfairly sentence to life in prison. Juveniles should not be tried as adults because of the lost of brain tissue causing them to . In the article “Startling Finds on Teenage Brains,” by Paul Thompson, states that during the adolescent years teenagers loss several brain tissue, thus they react out of impulse. “These frontal lobes, which inhibit our violent passions, rash actions, and regulate our emotions, are vastly immature throughout the teenage years.”
"Don't do the crime, if you can't do the time." -- David Grusin and Morgan Ames
To begin with, some people may argue that juveniles are young and their minds aren't fully developed so their actions are not all their fault. To elaborate, on his website Totenberg states, "The court said that because of their youth, their brains are literally less developed, they are more impulsive, more subject to peer pressure and less able to see the consequences of their acts." However the fact is, nobody forces the children to perform these actions they do it all on their own. They thought they were so mature and better than everyone else when they killed someone so they should be able to handle the consequences. Imagine one of these children killing one of your loved ones, wouldn't you want them to be faced with the proper consequences? In addition, "All crimes committed by juveniles should be treated in the same regard and must if not to punish heinous acts, then to provide justice to the families" (UNLV Press). What this means is, that the child who committed the crime should face the consequences in order to allow the
Today?s court system is left with many difficult decisions. One of the most controversial being whether to try juveniles as adults or not. With the number of children in adult prisons and jails rising rapidly, questions are being asked as to why children have been committing such heinous crimes and how will they be stopped. The fact of the matter is that it is not always the children's fault for their poor choices and actions; they are merely a victim of their environment or their parents. Another question asked is how young is too young. Children who are too young to see an R rated film unaccompanied are being sent to adult prisons. The only boundaries that seem to matter when it comes to being an adult are laws that restrain kids from things such as alcohol, pornography, and other materials seen as unethical. Children that are sent to adult prison are going to be subjected to even more unprincipled ideas and scenes. When children can be sent to jail for something as minor as a smash and grab burglary, the judicial system has errors. The laws that send juveniles to adult prisons are inhumane, immoral, and unjust. Kids are often incompetent, which leads to unfair trials. Adult prisons are also very dangerous for minors, and in many cases this leads to more juvenile crimes.