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punishment for juvenile crime
Effects of juvenile delinquency
Effects of juvenile delinquency
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Juveniles Tried As Adults Thirteen-year-old boy, Cristian Fernandez of Jacksonville, Florida was born on January 14 of 1999 to a mother who was as old as he is today. On March 15 2011, he was arrested relating to the alleged beating of his 2-year-old brother, David. At the time of his arrest, David was under care of St. Luke’s Hospital, receiving treatment for injuries he sustained the day before. It states that Cristian shoved his 2-year-old brother against a bookshelf, causing the young child to have severe head damage. Cristian’s mom, who was only 24 at the time, arrived at the apartment to reveal what happened just moments before. However, it states that his mom did not even call the police or take her son to the hospital until 6 hours after the accident happened. Both Cristian and his mom were charged with murder and Cristian went to court facing life in an adult prison. However, the court found out that Cristian had once been physically, emotionally, and sexually abused by his once stepfather. That been said, Cristian more than likely needed some sort of counseling. However, they still believed that this 12 year-old boy should be tried as an adult. Cristian has been detained for over a year and has not yet had a trial. He faces two trials on three separate indictments brought by State Attorney (“Reverse”). There is no logical reason to deny a child their right to the programs and treatment provided through the juvenile court system. A movement has started in our country to renovate the juvenile justice system. This movement wants to erase any differences between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults... ... middle of paper ... ...ison> MaCallair, Dan. “Proposition 21 Is a Bad Policy for California’s Juvenile Offenders.” LexisNexis Academic. n.d. 9 December 2013. “Myths and Facts.” Partnership for Safety and Justice. RSS Feeds, n.d. Web 9 December 2013. “National Statistics: Youth Crime.” Campaign for Youth Justice. R+M, n.d. Web 9 December 2013. “Proposition 21: Juvenile Crime Initiative.” Action Alliance for Children. Jan.-Feb. 2000. Children’s Advocate newsmagazine. Web 9 December 2013. “Reverse Decision to Charge 12 Year Old Cristian Fernandez as an Adult.” Change.Org. n.d. Web 9 December 2013. >http:///www.change.org/petitions/reverse-decision-to-try-12-y-o-cristian-fernandez-as- an-adult>
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
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
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
Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which includes the media. Their records are often confidential, protecting children from carrying the burdens of their delinquent activity into adulthood. Also, their records are supposed to be sealed. But what happens when a juvenile’s criminal case is transferred to an adult court? Are the guidelines or rules different from any other adult offender? What are the advantages and disadvantages of the sentencing guidelines?
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is entirely eliminating the use of the life without parole sentence for juveniles, regardless of the nature of the crime being charged.
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
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.
"Don't do the crime, if you can't do the time." -- David Grusin and Morgan Ames
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 juvenile 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
The dilemma of juvenile incarceration is a problem that thankfully has been declining, but still continues to be an ethical issue. The de-incarceration trend has coincided with a decrease in crime. It is hopeful that our nation is changing the approach to the treatment of juveniles in the criminal justice system. It means we know what to do and what is working, now just to follow through and continue the change to creating a juvenile justice system that is truly rehabilitative and gives youth tools to be able to be positive members of
People have been debating for years whether juveniles should be punished as adults if they commit the same crime as an adult. People’s arguments are based on different studies: imaging on the brain showed undeveloped parts that mainly control emotions and actions in adult’s brain, and other studies showed that the juvenile crime rate is not equal between countries which weaken the “theory” of undeveloped brain causing these actions from teenagers. I strongly agree with the minority decision of the United States Supreme Court that juveniles should be punished even if it requires a life sentence in prison without parole because every action should have consequences. By punishing teenagers as adults, it can be an
When people commit crimes. The society justice should give an opportunity be repentant specially immature minor, Therefore government set juvenile justice just for teenager. Juvenile means young people refers to crime of a law by a juvenile, they are between the ages of 10 and 18. They are usually sent to juvenile courts to reform offenders. “ If convicted for td in adult court, juveniles may be punished in the same way as adults, and may be sentenced to the same amount of time an adult could reveive for the same offense”.(Juvenile Tried in Adult Court in California) Which mean they need to spend their whole life in prison. However people making a lot of argument the youth who commit the crime,they shouldn’t charge as adult such as life without parole.
Have you ever wondered what the process is for a juvenile? How it is different than adult court? What is the process of getting waived to adult court? The first Juvenile court was started in Cook county in 1899. You are a juvenile in till you reach the age of eighteen. After that you are considered an adult. In till you reach the adult age you go to juvenile court in less waived into adult court. After you reach the age of eighteen and you get in trouble with the law you attend adult court.
Laws regarding the age at which young people can be tried as adults must change because allowing juvenile offenders lighter sentences under juvenile court laws is only enabling their behavior and failing to teach them about real consequences to crime, yet not always in the best interest of the child such as alternatives are.