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Juveniles on the death penalty
Research paper about sentencing options for juvenile crimes
Juveniles on the death penalty
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Juveniles and The Death Penalty *No Works Cited One of the most controversial issues in the rights of juveniles today is addressed in the question, "Should the death penalty be applied to juveniles"? For nearly a century the juvenile courts have existed to shield the majority of juvenile offenders from the full weight of criminal law and to protect their entitled "special rights and immunities." In the case of kent vs. United states in 1996, Justice Fortas stated some of these "special rights" which include; Protection from publicity, confinement only to twenty-one years of age, no confinement with adults, and protection against the consequences of adult conviction such as the loss of civil rights, the use of adjudication against him in subsequent proceedings and disqualification of public employment (Kent vs. US 1966:1055). These " special rights and immunities " exist so that the justice courts can provide measures of guidance and rehabilitation for the child along with protection for society. However, there are some youths who are extremely dangerous and do not respond to attempts to reform themselves. The question is, should established mechanisms for transferring or waiving juvenile court jurisdiction in these exceptional cases take away these "special rights" and subject the youth to the full range of penalties for criminal behavior including, in some jurisdictions, execution (Thomson vs. State, 1986:784) ? Should These juveniles who perform the same malicious acts as some adult capital offenders be subject to the harshness of the criminal courts and the finality of the death penalty ? This paper will discuss a history of capital punishment for juveniles in the United States, methods of transferring juvenile cases to cri... ... middle of paper ... ...and its importance concerning the subject. The methods of transferring a juvenile from the juvenile court to the criminal courts are what make this controversial problem possible, once a juvenile is placed in the hands of the criminal courts, they are subject to all of the punishments that an adult offender would encounter, including capital punishments. The future of our court system and the punishment of juveniles for violent capital crimes depends on the reform of the death penalty with emphasis on consistency and justice. I feel that if the system continues on the path that it is on, the concept of capital punishment for all ages of offenders will not last. Further more, I don't believe that capital punishment will ever be effectively and consistently used in clarified capital offense cases, due to a number of inconsistencies in the United States Courts system.
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
Hale, Robert L. A Review of Juvenile Executions in America. Vol. 3. Wales: Edwin Mellen, 1997. Print.
The sentencing of underage criminals has remained a logistical and moral issue in the world for a very long time. The issue is brought to our perspective in the documentary Making a Murderer and the audio podcast Serial. When trying to overcome this issue, we ask ourselves, “When should juveniles receive life sentences?” or “Should young inmates be housed with adults?” or “Was the Supreme Court right to make it illegal to sentence a minor to death?”. There are multiple answers to these questions, and it’s necessary to either take a moral or logical approach to the problem.
Secondly we will take a short look at the two major court cases that dealt with this issue in the United States. Next this paper will present the factual statistics of the death penalty for juveniles and also take a look at our country's stance on the issue in the international arena. We will then spend a short time looking at some views on the juvenile death penalty, reasons for the death penalty itself, and the arguments for and against the death pe... ... middle of paper ... ...
Heinous crimes are considered brutal and common among adults who commit these crimes, but among children with a young age, it is something that is now being counted for an adult trial and punishable with life sentencing. Although some people agree with this decision being made by judges, It is my foremost belief that juveniles don’t deserve to be given life sentencing without being given a chance at rehabilitation. If this goes on there’s no point in even having a juvenile system if children are not being rehabilitated and just being sent off to prison for the rest of their lives and having no chance getting an education or future. Gail Garinger’s article “ juveniles Don’t deserve Life sentence”, written March 14, 2012 and published by New york Times, mentions that “ Nationwide, 79 adolescents have been sentenced to die in prison-a sentence not imposed on children anywhere else in the world. These children were told that they could never change and that no one cared what became of them. They were denied access to education and rehabilitation programs and left without help or hope”. I myself know what it’s like to be in a situation like that, and i also know that people are capable of changing even children when they are young and still growing.
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.
Fair sentencing of youth state's “Children sentenced to life in prison without parole are often the most vulnerable members of our society” The Gail Garinger article, “Juveniles Don’t Deserve Life Sentences” discusses about children deserving a second opportunity. According to Garinger, children should receive a second chance and help so they could be mentally stable. According to Justice Elena Kagan she discusses that Juveniles without parole affects the way he develops throughout his life time. I agree with the majority decision that Juveniles should not be sentenced to life in prison and that they should be given a second chance because they deserve to fix their mistakes.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. 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.
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system.
In the article On Punishment and Teen Killers by Jenkins, sadly brings to our attention that kids are sometimes responsible for unimaginable crimes, in 1990 in a suburban Chicago neighborhood a teenager murdered a women, her husband, and her unborn child, as she begged for the life of her unborn child he shot her and later reported to a close friend that it was a “thrill kill”, that he just simply wanted to see what it felt like to shoot someone. A major recent issue being debated is whether or not we have the right to sentence Juveniles who commit heinous crimes to life in adult penitentiaries without parole. I strongly believe and agree with the law that states adolescents who commit these heinous crimes should be tried as adults and sentenced as adults, however I don’t believe they should be sentenced to life without parole. I chose this position because I believe that these young adults in no way should be excused for their actions and need to face the severe consequences of their actions. Although on the other hand I believe change is possible and that prison could be rehabilitating and that parole should be offered.
References Glick, B. (1998) No Time to Play: Youthful Offenders in Adult Correctional Systems. 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
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.
Is it fair to give juveniles life sentences? On June 25 2012, the Supreme Court ruled that juveniles who committed murder could not be sentenced to life in prison because it violates the Eighth Amendment’s ban on cruel and unusual punishment. Justice Elena Kagan, writing for the majority, stated that “Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features- among them, immaturity, impetuosity, and failure to appreciate the risks and consequences. It prevents taking into account the family and home environment that surrounds him and from which he cannot usually extricate himself no matter how brutal or dysfunctional.” Juveniles should not be sentenced to life in prison or adult jail until legal age. Due to the facts that many are still young and aren’t over eighteen.
Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capitol crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes. Many people claim that the child did not know any better, or that he was brought up with the conception that this behavior is acceptable. Although there is some truth to these allegations, the reality of this social issue is far more complex. Therefore we ask the question, "Should childhood offenders of capitols crimes be treated as adults?"
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.