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child development stages
punishment for juvenile crimes
early years/ childhood stage of development
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Each year thousands of teenagers are tried in the adult justice system in the United States. Due to the rise of teenage homicide and teenage crime rate in the 1980s, all states have made it easier to try underage age offenders as adults. California Proposition 21 passed in 2000 gave larger sentences to youth offenders and sent many to be tried in the adult justice system. Proposition 21 increased sentences for gang related crimes, death penalty for gang related murder. The proposition gave life sentences for home robberies, car theft, and drive-by shootings, recruiting for gang activities, and required juveniles of the age 14 and older to be tried as adults for murder or specified sex offenses. Now states are questioning whether youth offenders should be tried as adults or as juveniles. Some believe the juveniles are old enough to know of the consequences of their actions and should be punished accordingly. Others believe children have not yet fully developed their brain to understand the consequences of their actions. In the documentary, “Juvies”, a thirteen year old girl was sentenced to 30 years in prison for driving gang members that killed an innocent bystander. The girl was driving the two gang members around to make it easier to fit into the cool group. The girl had no idea the cruise would result in the death of a seventeen year old boy. Children and teenagers live in the moment and never really pause to question what is going on. Some teenagers commit crimes in order to be accepted in a group or in order to become “cool”. At such a young age, teenagers don’t understand that being cool isn’t that important. In order to feel like they belong, teenagers will do anything that they believe necessary. Youth offenders are more likely to give into peer pressure and negative influences due to their young age. Youth offenders don’t feel like they have control of the
According to criminal.findlaw.com the definition of the juvenile justice system is the area of criminal law applicable to people not old enough to be held responsible for criminal acts. Juveniles are people 17 and under. Juveniles should be convicted as adults for violent crimes like assault or murder etcetera because if they can commit an adult crime they should get an adult punishment. Also if juveniles don’t get punished for their crimes then they’ll keep doing it because they got off unpunished the first time.
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
Many people assume that teenagers should not be sentenced as adults, because their brain is not fully developed. On the other hand, people believe if teenagers commit crimes then they need to have consequences for their actions. According to the Campaign for Youth Justices, about 250,000 teenagers are tried, sentenced, or incarcerated as adults every year in the United States (Campaign for Youth Justices 3). Therefore, charging teenagers as adults is fair, because they are human beings just like 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.
Shawn was 16 in 1998 when he violently stabbed his father in his sleep, was tried as a juvenile because of his pre-existing parasomnia, and was sentenced to juvenile hall until his 19th birthday. Jose, 15 in 1998, engaged in a deadly brawl with four other teenagers, tried as a juvenile and sentenced to 208 days in juvenile hall. Marquese, 17, considered a “frequent flyer” of the juvenile system, reoffended on parole by stealing a car and breaking and entering, was tried as a juvenile and paroled in 2001. Manny, 17 in 1999 attacked a family in his neighborhood with a baseball bat alongside two other gang members. One of the victims was six months pregnant. He was tried as an adult and sentenced to nine years in prison. Jordan Brown, now 12, is currently awaiting trial for the murder of his father’s pregnant girlfriend, where he will be tried as an adult for both the murder of the woman and the fetus. What were the factors that decided Manny and Jordan’s case would be tried as adults? Manny and Jordan’s case went to adult court, while other children and teenagers are tried and sentenced in the juvenile system. The court systems have criteria for trying children as adults, taking into account different factors within the crimes themselves. How exactly does th...
Meng, A., Segal, R., & Boden, E. (2013). American juvenile justice system: History in the making. International Journal of Adolescent Medicine and Health, 25(3), 275-278. doi:http://dx.doi.org/10.1515/ijamh-2013-0062
Vandergoot concludes “the goals of the youth legislation…its major objectives are reducing the use of incarceration for young offenders…the YCJA emphasizes restraint, accountability, proportionality, and discretion… it encourages use of extra judicial measures” ( Vandergoot, 2006, p30). Vandergoot determines that the objectives of the Youth Criminal Justice Act is in the interest of youth, however, she accounts for the long term effect on adolescence as well. Vandergoot concludes the emotional and social consequences as youth interact with the system. Vandergoot claims the system leaves juveniles “debased”, suffering an “assault on their self-image”, that “block or snares in the adolescent psyche”, ultimately lowering their motivation and self-esteem which advances youth to have the “they think I’m bad I’ll show them I’m bad” mentality(Vandergoot, 2006). The mentality that derives from direct encounters with the youth justice system, often damages the adolescence completely disregarding the purpose of a youth justice system.
As discussed in depth, there are all types of crimes that are committed by young offenders these days and the offenders possess a number of different characteristics. There have been many theoretical crime explanations that have been formed over the years that attempt to explain the reasoning behind the question of why certain individuals, both young and old, are more prone to commit crimes. The discussion of punishment practices are also important because it displays the many approaches that have been taken to ensure that juvenile delinquents are being treated fairly, but punished and rehabilitated all simultaneously. Many methods fall under this kind of approach referred to as the restorative justice approach such as neighborhood conference committees, victim impact panels, sentencing circles, and community impact panels which all attempt to rehabilitate the offender, but also to involve members of society including the victims/survivors of crimes (Siegel, 2009). It is believed and hoped with the continuation of processes, practices, and programs in place such as these that juvenile crime will eventually decrease bringing more order to our society as a whole. Overall, this paper strives to bring awareness to juvenile delinquency by
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
Thousands of kid criminals in the United States have been tried as adults and sent to prison (Equal Justice Initiative). The debate whether these kids should be tried as adults is a huge controversy. The decision to try them or to not try them as an adult can change their whole life. “Fourteen states have no minimum age for trying children as adults” (Equal Justice Initiative). Some people feel that children are too immature to fully understand the severity of their actions. People who are for kids to be tried as adults feel that if they are old enough to commit the crime, then they are old enough to understand what they are doing. There are people who feel that children should only be tried as adults depending on the crime.
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
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
Should juveniles be sentenced to prison for life? Should juveniles be trialed as adults after committing a heinous crime and sentenced to life? As a teenager, this question is far too complicated to answer because I am a teenager yet in my opinion, I believe that the juvenile should not be sentenced to life. I believe that there is another way to punish them for their crimes. The last execution was in 2006 in California.
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.