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Implications of youth restorative justice
Youth justice system introduction essay
Implications of youth restorative justice
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Jose, a 15 year old boy without the guidance of any parents, joined gangs, took drugs, and became addicted to alcohol. During the fall of 1998, he and four other teens got into a serious fight with two immigrants after a night of drinking, though Jose did not participate as heavily in the assault. This fight resulted in the death of one of the immigrants due to repeated beatings and a crushed skull and a broken ankle of the second immigrant who fled. After fleeing the scene, Jose was kind enough to help the victim with the broken ankle. Psychologist even deemed his as someone who is not a threat to the public when sober, yet 15 year old Jose was charged -- as an adult -- with manslaughter. Throughout the years, juveniles have been given more …show more content…
Alabama ruled the sentencing of a youth to die in prison as a violation against the Eighth Amendment, and Kent v. the United States case resulted in the law that requires a preliminary hearing to notify the adolescent of their charges. Juveniles should never be tried as an adult nor receive the same prison sentences -- including the death penalty -- as an adult, but rather still be punished for their actions and treated to rehabilitation dependent upon a case by case evaluation of the juvenile.
First off, children are developmentally different from adults -- emotionally, psychologically, and physically -- especially, when they are fostered in harsher backgrounds. The first reason why is it unjust to try a child as an adult because an adolescent’s brain is not yet fully developed, unlike an adult’s. According to PBS’s documentary, “When Kids Get Life,” an adolescent’s brain is unable to focus, learn, and plan as well as that of a developed brain. In Colorado, teens are restricted from driving someone under the age of 18, yet they are able to be charged with planned murder. This is a prime example of the unjust societal standards imposed on adolescents as this example shows how sentences -- charging an adolescent with planned
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.
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
The reason why I think that juvenile justice are beneficial for trouble is because people learn there mistakes that they did from the past and now and sometimes when people are in there the people who are not in there are probably at work or they are out partying and having fun and like they say its easy to get in and hard to get out so ill advise people to do the right thing that are right for they kids and don't be a fool in get in trouble then there kids probably wont look up to them they will just wanna listen to other people then they parents and some people don't get to have a dad some of there dad probably ran far away from them or went to jail probably died and I would not wanna be like them I wanna be better then
Unfortunately, these two cases are not uncommon in the justice world. As a matter of fact, “by 2010, Florida had sentenced more than a hundred children to life imprisonment without parole for non-homicide offenses,” (Stevenson 153). One of the primary reasons for this originated in the idea that harsher punishments will act as a deterrent for kids who want to break the law. However, recent studies have suggested that because the prefrontal lobe of the brain is still in development until the age of twenty, children don’t have the mental capacity to make the best decisions, especially under stress. Additionally, children normally wouldn’t have access to weapons or drugs, which allows the argument that adults should be held responsible for making such objects available to them in the first place (Reaves).
Heinous crimes are considered brutal and common among adults who commit these crimes, but among children with a young age, it is something that is now being counted for an adult trial and punishable with life sentencing. Although some people agree with this decision being made by judges, It is my foremost belief that juveniles don’t deserve to be given life sentencing without being given a chance at rehabilitation. If this goes on there’s no point in even having a juvenile system if children are not being rehabilitated and just being sent off to prison for the rest of their lives and having no chance getting an education or future. Gail Garinger’s article “ juveniles Don’t deserve Life sentence”, written March 14, 2012 and published by New york Times, mentions that “ Nationwide, 79 adolescents have been sentenced to die in prison-a sentence not imposed on children anywhere else in the world. These children were told that they could never change and that no one cared what became of them. They were denied access to education and rehabilitation programs and left without help or hope”. I myself know what it’s like to be in a situation like that, and i also know that people are capable of changing even children when they are young and still growing.
Ricky Franklin Smith was convicted for the breaking and entering that he plead guilty for. At the time of sentencing, the presentence investigation report contained his juvenile criminal record which was supposed to be automatically expunged. Smith appealed that he should be resentenced due to the presentence investigation report. The argument was to whether or not grant Smith the resentencing. In two previous cases, both arguments were made. In People v. Price ruled that the juvenile record that is automatically expunged, could not be considered at the time of sentencing or used in the presentence investigation report. On the other hand, in People v. Jones, the court ruled that it could be considered at the time of sentencing and used in the presentence investigation report. “The majority concluded that Price presented the better-reasoned approach. They added that the automatic expungement of juvenile convictions "is delusive and purposeless if law enforcement agencies may continue to use supposedly expunged records against a defendant to his prejudice. Following the Jones approach effectively subverts MCR 5.913."[7] The dissenting judge said that he believed that Jones represented "the better-reasoned analysis."[8]” (Justia.Law, 2015).
One in three teen delinquents are sexually assaulted by staff members during their time in juvie. Even in the place that is supposed to oppose crime takes part in it. Juvenile Detention Centers are supposed to help minors get on the right track for the rest of their life ahead of them. In 2003 The Prison Rape Elimination Act [PREA] was passed to help prevent and protect against prison rape. Though that was passed it still goes on and the superiors of the inmates are still getting away with it.
After being caught, Smith was offered the sentence of life with parole in exchange for testifying against and betraying Evan Miller, who was tried as an adult and was sentenced to mandatory life without parole. In the parallel case Jackson v. Hobbs, 14 year old Kentrell Jackson was sentenced to life without parole after an incident in which he was in the presence of a felony murder crime during a robbery. Jackson did not commit the murder, in fact he was outside the scene while it took place, yet he was still charged as an adult of felony murder. In both cases two young men with futures ahead of them had their chances of a life crushed because of a sentence meant for the worst criminals in the world. A mandatory sentence of life without the possibility of parole for juveniles is a direct violation of the eighth amendment protection against cruel and unusual punishment.
Juveniles are more than just kids. They are capable of doing anything an adult is capable of doing. One has probably heard the saying, “If you want to be treated like an adult, then act like an adult.” If they’re going to do crimes that “only” adults are capable of doing, then they should treated like an adult and be tried and sentenced like one. Imagine being close to a murder victim, wouldn’t you want them to feel hell? “How would you feel if you never got to see your child alive again while their killer served only a short sentence before being released from jail?” (hchs1259). This quote hits hard. One can only imagine being in the position of a parent whose child was murdered.
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.
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
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
That’s why we don’t permit 15-year-olds to drink, drive, vote or join the military” (qtd. in Billitteri). There is adolescent-development research according to Hambrick, J. and Ellem, J that has shown “children do not possess the same capacity as adults to think thru the consequences of their behaviors, control their responses or avoid peer pressure” (qtd. in Lyons). There are some very good points made in the argument against sentencing youth as adults but I still have a hard time agreeing with peer pressure or impulse control as a reason to be held in a juvenile center for less than a few years for murder. Ryan, L. uses the example of a report released by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention on “Juvenile Transfer Laws : An Effective Deterrent to Delinquency?” This report found that prosecuting youths as adults has little or no effect on juvenile crime.” She uses this information and backs it up with the report showing “youths prosecuted as adults are more likely to re-offend than youths handled in the juvenile justice system” (qtd. in Katel). This is definitely a new perspective, but I still stand with my first take on the subject. “We know young people can commit serious crimes, and the consequences are no less tragic” (qtd in
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.
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.