Some states have advanced different approaches that support for juvenile waiver and transfer. Juvenile transfer and waiver laws are statutes allowing young offenders to be transferred from juvenile courts to criminal courts. This means that they are prosecuted as if they are adult with the range of penalties being great. After a while different states have adjusted their waiver laws. The following are the classification of the various waiver laws that have been advanced.
I think it starts from the family and how they were raised and what family members influenced them to criminal things. Not only do they learn that from family, but he or she could have picked things up like that from friends they have been around or maybe off television shows. Some juveniles are gang related and most crimes involves people losing their lives over it. Somehow, juveniles can maybe get it easier than someone that has already turned 18. Juveniles should be held until their court date or bond release just li... ... middle of paper ... ...all over the world should be tried as an adult because a crime is a crime no matter who committed and what age.
In particular, protection of society's people and the community should be the utmost concern. To emphasize, capital punishment and juvenile offenders should be an issue looked in greater detail to prevent an offender from striking again. People who oppose juveniles being sentenced to death usually stand by the age factor and that juveniles don't know better because of their maturity level. According to the Death Penalty Information Center, "researchers indicate that there is no direct link between the juveniles' brain development and behavior" [ 5 ]. Furthermore, Dianne Clements, president of Justice For All, a Houston victim-advocacy group explained that," juveniles who kill know what they have done is illegal and wrong as they try to cover and destroy evidence" [ 5 ].
“The primary difference between juvenile courts and adult courts was that the juvenile courts were ‘civil’ in nature while adult courts were ‘criminal’.” (djs.state.md.us) Rehabilitative procedures remained steady until the 1980s when juvenile crime made a violent upsurge, instigating public opinion to deviate from genteel practices. Legal professionals once again began prosecuting the delinquents as adults, thus sending them to criminal court, and potentially adult prison. “But Scott and Steinberg note that lawmakers and the public appear now to be rethinking their views once more. A justice system that operates on the ... ... middle of paper ... ...of honing their criminal skills, depression, sexual abuse, suicide, and higher recidivism rates (Law and Human Behavior Tried as an Adult, Housed as a Juvenile: A Tale of Youth From Two Courts Incarcerated Together Jordan Bechtold and Elizabeth Cauffman Online First Publication, August 5, 2013. doi: 10.1037/lhb0000048). “Court officials must balance the interests of public safety with the needs of youth when making decisions about which program to place a juvenile offender and which level of restriction is required.
Recently, they have come to the conclusion that children between the ages of 16 and 18 who commit adult crimes should be tried and sentenced as adults. After researching information and cases of minors being tried as adults, I have concluded that if minor offenders were punished in the same degree as adult offenders are, the number of minors committing crimes might be reduced significantly. While it is not appropriate for these individuals to be placed in the same facilities as adult offenders, they should receive the same degree of punishment in a younger environment. These perpetrators are protected by a lenient and highly outdated juvenile system and violent youths have taken advantage of this system. In some jurisdictions, a child may have to commit 10 to 15 serious crimes before anything is actually done.
“If it is not the biggest scandal in American legal history, many are calling it at least the darkest day for the country’s troubled juvenile-justice system” (Ken Stier). Since the juvenile justice court started, many people thought that juveniles should be trial as an adults. In 1990’s the juvenile that broke the law were treated like adults offenders. Juvenile that commit crimes are more likely to get away from the charges due to that their brains are not fully developed. Due to the facts and evidence that United States have done on juvenile, in addition juveniles should be trial as an adult and do their time for the crime they committed.
Is there someone or something behind the actions of these adolescent wrongdoers? These questions leave us wondering if this action really is efficient, or is there a better way of treating adolescent crooks. In my opinion, sentencing juveniles to be tried as adults is unethical because juveniles are not fully developed psychologically. In the article, “Getting the Juvenile-Justice System to Grow Up” he verifies the fact that each year, “some 200,000 youths are tried, sentenced or imprisoned as adults” (Ken Stier). He also argues how many supporters dispute that juveniles are not being given an adequate amount of a chance to turn their lives around after taking part of minor offenses.
His actions were enough to earn him the death penalty. This is where the debate comes in, should the death penalty age limit be lowered. In the article “Juvenile Offenders Should Not Be Eligible for the Death Penalty” Steven A. Drizin and Stephen K. Harper argue that juveniles should not receive the death penalty because they are more vulnerable than adults. Drizin and Harper argue that a major difference between adults and juveniles is that juveniles cannot choose their environment. Both Harper and Drizin feel that more needs to be done to help young juvenile offenders rather than punish them.
The other issue deals with the amount of delinquent minorities that get arrested after one offense compared to the white delinquents who receive second chances. The use of solitary confinement for juveniles is not an effective way to punish their bad behavior while in a detention center. The videos proved that solitary adds additional issues to already existing issues. One of the biggest issues with the juvenile justice system is what happens with the kids after they leave the detention centers. They may be put on probation/ parole, which may monitor them slightly, but they generally stay in the environment where they first offended.
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... ... middle of paper ... ... Critical Next Steps in Assessing the Impact of Laws for transferring Juveniles to the Criminal Justice System. Youth Violence and Juvenile Justice 1(2), 156-169.