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
Under the new statue, evidence in mitigation was permitted. In January 1993, a new law went into effect allowing inmates to choose lethal injection or lethal gas as the method of execution. In October 1994, an U.S. District Judge, Northern District (San Francisco) ruled that the gas chamber was cruel and unusual punishment, barring the state from using that method of execution. (State) “ This clearly permits the death penalty to be imposed and establishes beyond doubt that the death penalty is not one of the cruel and unusual punishment’s prohibited by the Eighth amendment. (Scalia) When the nation was younger, criminal routinely were put to death in public.
In the spirit of ensuring that trials against children were handled in a speedy and in a confidential manner, children below fourteen years were tried immediately before two magistrates (19th Century Bedford Gaol). These early ref... ... middle of paper ... ... been recognized as criminal proceedings. The double jeopardy clause in the Fifth Amendment prohibits the state from trying an offender as juvenile and later as an adult for the same crime. Works Cited Einstein law, (2008). Lawyershop.com.
Retrieved September 20, 2011, from Juvenile Transfer to Criminal Courts: http://www.ojjdp.gov Males, M. and D. Macallair (2000). “ The Color of Justice: An Analysis of Juvenile Justice Adult Court Transfers in California.” Washington, DC: Justice Policy Institute, January. Olson, J. K. (2005, May). Waiver of Juvniles To Criminal Courts. Retrieved September 20, 2011, from Judicial Discretion and Racial Disparity: http://www.cjcj.org/files/waiver_of.pdf Reverse Waiver.
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 Winter, H ( 2006)The Economics of Crime: An Introduction to Rational Crime Analysis 5th and 14th Amendment Retrieved from www.findlaw.com October 29, 2011
(Levinson) Now Juveniles are being prosecuted a lot more than adults in adult courts. Out of our fifty states “twelve currently set sixteen years of age as their minimum age to prosecute juveniles, four states set the age at 17 and fifteen states (including the federal government) requires that the offender be eighteen in order to receive the death penalty”. (Monroe, 2009)States that do no specify a minimum age for prosecution of a juvenile can sentence to death anyone sixteen years of age and older. The main idea is to see if it’s really justice to prosecute a juvenile as an adult knowing that their mental capacity is not of an adult. (Levinson) Since 2003 many states ha... ... middle of paper ... ...tics: http://ojjdp.ncjrs.gov/ojstatbb/ezaucr/asp/ucr_display.asp Rank, J.
The basic idea behind the juvenile court is guardianship, the states acting for the welfare of children. "The jurisdiction and procedure of the juvenile court have been primarily chancery or equity rather than criminal (Miller 38)." In a May 1987 issue of Business Week followed up on a case when a 16 year old boy brutally raped and murdered a 26 year old woman in front of her two children ages four and six. After the woman was ... ... middle of paper ... ... punishment, but prevention that were implemented to put a dent in crime. Kids experience activities that reward them emotionally and instill hope in their future.
Once the guards came back, Kirk was found dead hanging by a blanket from a smoke detector. It is upsetting to many to read cases like Kirk’s but it poses a question; could this act of violence been avoided? This essay seeks to demonstrate that juveniles, persons who have not reached the age at which one should be treated as an adult by the criminal justice system (16 in NYS), charged with violent felonies, a series of unlawful crime punishable by imprisonment from more than one year to death (murder, rape, arson, and burglary), ought not to be treated as adults in the criminal justice system because this will lead to more acts of violence against juvenile offenders by both adult offenders and themselves. Three argume... ... middle of paper ... ... "Speaking Out Against Prosecuting Youth as Adults." Campaignforyouthjustice.
Juveniles Being Tried As Adults Jennifer Combs University of Mount Olive Steven N. Long, J.D. Abstract Juveniles Being Tried As Adults Numerous studies have been conducted with juvenile crimes and the outcomes from what happens after they have been put into criminal court. Legal procedures and laws that relate to juvenile offenders go back thousands of years when children disobeyed their parents, and sons would curse their fathers. The Roman civil law and canon law 2,000 years ago distinguished juveniles and adults based upon the idea of “age of responsibility”. The Moslem law also believed in leniency in punishing youthful offenders and children under the age of 17 be exempt from the death penalty.
The main controversy with the juvenile justice system today is the new belief in the rise in the adult like punishment to being applied to juvenile offenders. This new reform has brought adult like approaches to juvenile court such as, mandatory minimum sentencing, juvenile's cognitive capacity, do juveniles belong in adult court and adult prisons, and the death penalty for juveniles. A main controversy ... ... middle of paper ... ..."2"> Greg Sukiennik, The America's Intelligence Wire. Financial Times, March 14, 2005 COPYRIGHT 2005 Financial Times Information Ltd. 3) Claudia Wallis With reporting by Eric Ferkenhoff/ Chicago; Wendy Grossman/Houston; Stacy J. Willis/Las Vegas, Too Young to Die: The Supreme Court nixes the juvenile death penalty. What that says about the Justices' thinking--and ours.