(2004a, January). Evolving Standards of Decency. Retrieved May 22, 2010, from Cruel and Unusual Punishment: The Juvenile Death Penalty: http://www.abanet.org/crimjust/juvjus/EvolvingStandards.pdf ---, (2004b, January). Adoloscence, Brain Development and Legal Cupability. Retrieved May 2010, from American Bar Association: http://www.abanet.org/crimjust/juvjus/Adolescence.pdf Streib, V. L. (2004, April).
Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system. Before the Progressive Era, children who were over the age of seven were put in jail with adults. In the early part of the 1800’s reformers started to become concerned with the overcrowded environment in the jails and prisons, and the corruption young kids were experiencing when locked up with adult prisoners. The Progressives in the late nineteenth century started to push for universal reform in the criminal justice system (Myers, 2008).
The alternative to determinate sentencing is blended sentencing, which allows judges to issue delinquent offenders both juvenile and adult dispositions. Depending on the behavior of the delinquent while serving out their juvenile sentence, a fail-safe postadjudication stage occurs to determine whether or not their adult sentence should be suspended or invoked (Belshaw et al, 2011). I personally do support utilizing the determinate sentencing for these offenders and believe that it would fail the criminal justice system not to utilize them. This is considered a heinous crime and they should not be shown leniency. At the age of 12-14, the juveniles know that murder is wrong, and the fact that this young man had to lose his life at the age of 19 over an IPOD is atrocious.
The court system back then believed that if enough evidence could be gathered to convince a jury, the underage person would be convicted and sent to an adult prison. Currently in our state, persons as young as 14 can be tried as an adult, due to the effects of Emily’s law. Emily’s law was created when her parents left her with a babysitting company, and the owner’s 13 year old son raped the 2 year old and threw her against the wall. She then died on impact.Throughout the harshness of sentencing juveniles, a court specified for juvenile delinquents was created in 1899. Trying juveniles as adults is too severe, because the charges set against them are unjust.
A crime is a crime and for that reason Juveniles who commit violent crimes should be tried in the same way as adults. If minors who commit violent crimes were tried as adults and punished as adults, the number of violent crimes committed by youths would decline in my opinion. Consequently, in the future the number of violent crimes in general would decline as firmer penalties and punishments would be used to keep violent offenders in prison for longer sentences. Violent crimes can be defined as murder, rape, armed robbery, aggravated assault, larceny-theft and the like depending on state law (pbs.org). According to statistics the number of violent crimes committed by people under... ... middle of paper ... ... 29, 1998): C01.
There is no doubt that youth justice practises have changed throughout the years, these changes have been made to adapt to the new challenges that present themselves today. Crime in general, but particularly youth crime is a consistent problem for society. It was during the mid nineteenth century in England when the parliament initially recognised juvenile delinquency as a distinctive social phenomenon and accepted the responsibility not only for young offenders, but also for the children who, though not in trouble with the law, required full care and protection. Children who stood before the courts were no longer seen as little adults but were seen as beings in their own rights who were entitled because they lack full responsibility for their actions. Through this change in status it accomplished the introduction of reformatory rather than punitive treatment.
OJJDP: Juvenile offenders and victims, 1999 National Report. (n.d), National Report. Retrieved November 19, 2013, from http://www.ncjrs.gov/html/ojjdp/nationalreport99 Onwediwe, I. (2004). “Theoretical Perspectives on Juvenile Delinquency: Root Causes and Control.” ProQuest Criminal Justice, 66, 153-156.
Several studies conducted to determine impacts of transfers of cases from juvenile courts to adult criminal courts for trial and potential sentencing indicate higher recidivism rates among the offenders. This is because of the notion the youth possess on the strictness on the adult courts. They believe trials on these courts end up in harsh punishment for offenders. In a way, adult punishments scare youth away from committing major crimes. However, studies show that short term punishments imposed on young offenders in adult courts propagates the offenders to commit even more crimes that are serious after their sentence terminates.
The article “When Children Become Criminals” from The New York Times is an opinion piece by the Editorial Board. It discusses how New York is one of the only states to prosecute 16 year olds as adults; resulting in harsher sentences than if they were tried in juvenile court (2014, p. 1). The Toulmin model can be applied in order to analyze the argument. This model consists of a claim, grounds, backing, a warrant, a qualifier, and a rebuttal. In the New York Times editorial board article “When Children Become Criminals” from January 19, 2014 authors claim to try to persuade the readers that the age for adult criminal prosecution should be raised.