Jose, a 15 year old boy without the guidance of any parents, joined gangs, took drugs, and became addicted to alcohol. During the fall of 1998, he and four other teens got into a serious fight with two immigrants after a night of drinking, though Jose did not participate as heavily in the assault. This fight resulted in the death of one of the immigrants due to repeated beatings and a crushed skull and a broken ankle of the second immigrant who fled. After fleeing the scene, Jose was kind enough to help the victim with the broken ankle. Psychologist even deemed his as someone who is not a threat to the public when sober, yet 15 year old Jose was charged -- as an adult -- with manslaughter. Throughout the years, juveniles have been given more …show more content…
Alabama ruled the sentencing of a youth to die in prison as a violation against the Eighth Amendment, and Kent v. the United States case resulted in the law that requires a preliminary hearing to notify the adolescent of their charges. Juveniles should never be tried as an adult nor receive the same prison sentences -- including the death penalty -- as an adult, but rather still be punished for their actions and treated to rehabilitation dependent upon a case by case evaluation of the juvenile.
First off, children are developmentally different from adults -- emotionally, psychologically, and physically -- especially, when they are fostered in harsher backgrounds. The first reason why is it unjust to try a child as an adult because an adolescent’s brain is not yet fully developed, unlike an adult’s. According to PBS’s documentary, “When Kids Get Life,” an adolescent’s brain is unable to focus, learn, and plan as well as that of a developed brain. In Colorado, teens are restricted from driving someone under the age of 18, yet they are able to be charged with planned murder. This is a prime example of the unjust societal standards imposed on adolescents as this example shows how sentences -- charging an adolescent with planned
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
There is a great deal of controversy over the trying and sentencing of juvenile offenders today. Many will argue that because the severity of Juvenile crimes has risen, the severity of its consequences should rise; however, no matter how serious the crime is, juvenile offenders tried as adults receive far worse than they deserve. The majority of Juveniles tried as adults are hardly given any form of human rights. Adult jails are not the environment children should have to experience, especially those sentenced for misdemeanors and nonviolent crimes. There are other solutions to reducing juvenile crime. It does not take adult court to straighten out kids on the wrong path. Most children are not even able to recognize that what they had done is wrong. There may be no perfect solution to reducing juvenile crime, but there are ways far more effective than adult trying and sentencing.
It is expected that at a young age, children are taught the difference between what is right and what is wrong in all types of situations. The majority of Supreme Court Justices abolished mandatory life in prison for juveniles that commit heinous crimes, argued this with the consideration of age immaturity, impetuosity, and also negative family and home environments. These violent crimes can be defined as murder, rape, armed robbery, aggravated assault and the like depending on state law. With these monstrous acts in mind the supreme court justices argument could be proven otherwise through capability and accountability, the underdevelopment of the teenage brain and the severity of the crime. Juveniles commit heinous crimes just like adults
For one, unlike Ian he was convicted and found guilty of a non-homicide crime yet still also found himself in a life sentence. For better or for worse, Joe wasn’t confined but “was [instead] repeatedly raped and sexually assaulted,” the trauma from which eventually caused him to develop multiple sclerosis (Stevenson 259). Unfortunately, these two cases are not uncommon in the justice world. As a matter of fact, “by 2010, Florida had sentenced more than a hundred children to life imprisonment without parole for non-homicide offenses,” (Stevenson 153). One of the primary reasons for this originated in the idea that harsher punishments will act as a deterrent for kids who want to break the law. However, recently studies have suggested that because the prefrontal lobe of the brain is still in development until the age of twenty, children don’t have the mental capacity to make the best decisions, especially under stress. Additionally, children normally wouldn’t have access to weapons or drugs, which allows the argument that adults should be held responsible for making such objects available to them in the first place
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
A life changing day in March when Sherry West goes out for a walk with her baby without knowing that it was the last time she will ever see her son again. Sherry crossed a deadly path when she encountered Elkins and his accomplice. Elkins pulled out a gun and demanded her purse. Then Sherry refused by saying she didn't have any money and tried to protect her child. Then Elkins threatened her and the baby and counted down from five when he shot Sherry's leg and the baby. He shot right between the baby's eyes. In court, the grieving mother expressed her feelings by stating, "The love of my life was taken away, far away. All I can do is cry and wonder when I'm going to die." She also read a heart breaking statement on the witness stand by explaining how she will never hear his first word or see him walk. Elkins a seventeen year old boy showed no emotion and stood silent when he was sentenced to spend the rest of his life in prison. The punishment that the juvenile received was necessary due to the actions he committed. A punishment should imply for any juvenile who commits a serious crime.
According to international standards, sentencing an individual who is below 18 years of age is against the law (Steinberg and Scott 56). According to International standards, children who are still developing do not have the same level of culpability as adults. However, the United stated violates these standards by treating young offenders as adults. Mainly, incarceration is used to correct individuals or ensure the security of the society by removing criminals who are a threat from the society. For the case of children, the main aim should be to help them reintegrate into the society. In other words, sentencing should serve children’s best interests. Such is because children are still in their developing stages, meaning there is a chance of helping them change their
For example, a 12 year old kid, Lionel Tate, beat and killed a 6 year old girl to death because he was imitating professional wrestlers he saw on TV. Life in prison without parole or even going to an adult prison is extreme for a 12 year old. Many kids who make it out of the adult system end up worse than when they went in because they come out as hardened criminals. In another case, Nathaniel Brazill, who shot and killed his teacher at the age of 13. The crime was heinous, but the issue with convicting teenagers as adults is that during the teenage years, gray matter in the brain which supports all our thinking and emotions is purged at a rate of 1 to 2 percent a year. This occurs in the frontal lobe of our brain, which controls impulses, risk-taking, and self-control. Teenagers brains work differently and are not yet fully functioning compared to adult brains, evidence enough juveniles should not be tried as adults. However many prosecutors and the families of victims claim that teenagers know it is wrong to kill and the courts need to crack down on these cases in order to send a message to teenegaers across the US to not commit murder, or they could face life without parole. That may be true however, giving kids the message that they are not curable or worthy of a second chance sends out the wrong message and makes other countries in the world look down on the US. Also, they claim that many teenagers commit “thrill kills”, and nothing is wrong with them mentally. They also state that if brain development was the reason, that kids should kill at the same rate as adults. Their main argument is that the murders leave families in ruins and forever scar them when they lose a loved one. Once again many of these arguments are true, but kids are less mature and more vulnerable to peer pressure because their characters are still forming. Children
According to the article of “Should Juveniles Be Tried as Adults?” at Buzzle.com, “It is a proven fact that when a child is at the age around nine or ten that they do not have the mental accessibility to think as an adult” (Borkar). Citizens see this statistic as a reason as to why children should not be tried as adults. “Children are five times more likely to be sexually assaulted in adult prisons than in juvenile facilities” (Equal Justice Initiative). These juveniles are subject to much harsher punishments which includes life sentencing (Michon). These people do not feel that these children should be in a prison for the rest of their life for something they did when they were 13. Broken families can be a reason for a child to rebel and become trouble. “Psychology speaking, it is said that there are no ‘problem children’ but only ‘problem parents’” (Borkar). Parents roles are to guide their kids in the right way. Children will not know what is right or wrong if parents do n...
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...
Juveniles are more than just kids. They are capable of doing anything an adult is capable of doing. One has probably heard the saying, “If you want to be treated like an adult, then act like an adult.” If they’re going to do crimes that “only” adults are capable of doing, then they should treated like an adult and be tried and sentenced like one. Imagine being close to a murder victim, wouldn’t you want them to feel hell? “How would you feel if you never got to see your child alive again while their killer served only a short sentence before being released from jail?” (hchs1259). This quote hits hard. One can only imagine being in the position of a parent whose child was murdered.
The reason why I think that juvenile justice are beneficial for trouble is because people learn there mistakes that they did from the past and now and sometimes when people are in there the people who are not in there are probably at work or they are out partying and having fun and like they say its easy to get in and hard to get out so ill advise people to do the right thing that are right for they kids and don't be a fool in get in trouble then there kids probably wont look up to them they will just wanna listen to other people then they parents and some people don't get to have a dad some of there dad probably ran far away from them or went to jail probably died and I would not wanna be like them I wanna be better then
According to Donna M. Bishop( 2003) of the University of Chicago criminal justice system “Transfer of juvenile defendants to criminal courts for adult prosecution has traditionally been justified on the grounds that the juvenile court is ill equipped to handle two classes of offenders. In cases of seriously violent crimes, the public has historically demanded heavy penalties that exceed the authority of the juvenile court (Tanenhaus, forthcoming). While commission of a repugnant act neither transforms a young o...
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
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.