A Youngster say a teenager, boy or girl, obtains a gun and shoots another Minor who has been irritating them. There is no hesitation they should receive some sort of punishment for their actions. However, should they obtain this penalty through the Juvenile Courts or Criminal Courts? This is the question, which has no real complete answer. Nevertheless, this document will strength to address some significant issue about this matter. Studies have showed that juvenile delinquency was higher during the beginning of the 1990’s. For the period of the late 1990’s the main part of the fresh century these crimes have dropped slightly. Though, where these criminalities the same kind of crimes as juveniles devoted before? No these delinquencies have transformed to be more violent in nature due to the alteration in the world we live in now days. Therefore, in showing research into this material it came to show the age of the distinct should not of determining factor but the crime they have committed. Adolescents today commit more serious crimes than they did before; as a result requiring them to be tried and penalized as adults because of the nature of the crime, ferocity involved, and different categories of crimes.
Now having to deal with the crimes being committed we cannot talk about this without first getting over a major problem, being age. This is the most discussed portion of any dispute when having to deal with juveniles and crime. At what age does a child have the ability to commit a crime? Under the shared law, which all laws in the United States initiated, states that a child could not commit a crime if the defense was able to demonstrate an initial stages? Beginning or in other words ingenuousness was the guide and determined if...
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...case. The following is presumptive, which is when age, crime and legal call for to make transfer the person but allows the offender to demonstrate evidence that the incident should not transfer. Then there is concurrent jurisdiction where the prosecutor can progress in juvenile or criminal court as they together have the ability. Constitutional exclusion is for certain sets of juvenile criminals and the decision is exclusively with the prosecutor. Then there is converse wavier, which permits the criminal court to send the case back to youth court of action. Furthermore, Arizona has the once considered an adult always an adult, which means once an adolescent has been processed as an adult in a criminal court he or she will always be managed in criminal court. Now with a knowledge of how cases are transferred to criminal court, we must look at the crimes teens commit.
Ricky Franklin Smith was convicted for the breaking and entering that he plead guilty for. At the time of sentencing, the presentence investigation report contained his juvenile criminal record which was supposed to be automatically expunged. Smith appealed that he should be resentenced due to the presentence investigation report. The argument was to whether or not grant Smith the resentencing. In two previous cases, both arguments were made. In People v. Price ruled that the juvenile record that is automatically expunged, could not be considered at the time of sentencing or used in the presentence investigation report. On the other hand, in People v. Jones, the court ruled that it could be considered at the time of sentencing and used in the presentence investigation report. “The majority concluded that Price presented the better-reasoned approach. They added that the automatic expungement of juvenile convictions "is delusive and purposeless if law enforcement agencies may continue to use supposedly expunged records against a defendant to his prejudice. Following the Jones approach effectively subverts MCR 5.913."[7] The dissenting judge said that he believed that Jones represented "the better-reasoned analysis."[8]” (Justia.Law, 2015).
Using the MST significantly reduces recidivism in juvenile offenders. When recidivism does occur it is much less severe. In one study, juvenile offenders enrolled in MST had a recidivism rate of 22.1% in comparison to an individual therapy group which had a recidivism rate of 71.4%. This study also noted that even when a juvenile offender was only involved in MST temporarily their recidivism rate still dropped to 46.6% in comparison to the control group (Bourdin et al. 1995). MST programs ' net cost was $4,743 for each juvenile offender. However, MST is so effective that for each juvenile offender enrolled in MST, the public saves $131,918 (Osher et al. 2003).(May, Osmond, and Billick 2014)
According to most legislation, a person under the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty five. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights that are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
Federal standards define any young offender under the age of eighteen who commits a crime is define as a juvenile delinquent. And the important differences between adults and young people, that a one-size fits all method is not desirable and will not make the situation better. Our justice system also accomplishes an important symbolic function by establishing principles of behavior. It formally defines the right and wrong for citizens and frees them from the responsibility of taking vengeance, thus avoiding the escalation of feuds within communities. The system protects the rights of free citizens by honoring the belief that individual freedom should not be denied without good cause.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of the Canadian population ranging from 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of the Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principles of these laws have been debated for a long time.
Moreover, the juvenile gets more involved in crime which increase the arrest rate and then the Criminal Justice System also increase the penalty for teenagers. The “prohibitions on teenagers for purchasing or possessing weapons, the liquidation of the adolescent death punishment, and the age-targeted rules result in the hypot...
It is almost a daily occurrence to turn on the nightly news and hear stories of ever increasing youths committing crimes. Even more alarming are the ages of these offenders. In Lake Station, Indiana, three first-grade students were plotting to kill a classmate. They even went so far as to draw a map of where the slaying was to take place. In California a six year old boy was charged with attempted murder of a 3 month old baby. In Southern California, three 17 year old girls were charged with false imprisonment, conspiracy, aggravated mayhem and torture when they held a 15-year-old runa...
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.
Presently, juvenile justice is widely acknowledged as being in a state of flux in the United States. The early 1990s saw the most substantial rise in violent crime committed by juveniles ever experienced in this country. On the heels of decades of skepticism about the effectiveness of parens patriae (the state as parent), this rise was the "proof" for many "experts" who believe that the juvenile justice system should be abolished. These skeptics reason that one criminal court could still have some latitude when sentencing younger offenders, but that kids are now committing adult crimes, so it is time to treat them as adults.
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.
Many in the juvenile justice field have tried to understand the cause of juvenile delinquency. There are many different theories describe the cause and effect of variables and how they react. However, through much research, we have concluded there is not just one single path or journey that determines the fate of the juvenile. There are many different risk factors that build in order to increase a youth's chance of becoming an offender. This is kind of like a domino effect. Risk factors are described as the characteristics that present themselves to determine if the individual or youth will become a delinquent. These factors may include; home life, income status, gender, and social. It can either be one or all that play a part in the way the
"Don't do the crime, if you can't do the time." -- David Grusin and Morgan Ames Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capital crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes.
The death penalty is punishment by execution, state-sanctioned and administered by the government in the United States. The death penalty can actually come in several different forms, including lethal injection, electrocution, lethal gas, firing squad, and hanging. However, the most commonly used in the United States is lethal injection (Death Penalty Information Center, 2016). This form of punishment was actually greatly influenced by Great Britain back in the 17th century, and the first execution of a juvenile offender, Thomas Graunger of Plymouth Colony, Massachusetts, occurred in 1642 (Death Penalty Information Center, 2016). The death penalty for juveniles have many reasons that are discussed regarding why the death penalty should not
The United states have been facing a crucial problem with juvenile delinquency, Juvenile and delinquency can have different meanings depending on The state and laws. The term juvenile can also be replaced by adolescent, youngster, and minor. Anyone under the age of 18 is legally not considered as an adult. Delinquency refers to an action taken by a juvenile that would be considered a crime if an adult committed that action. A juvenile could be charged for performing an act that is illegal for their age. Juvenile Delinquency is a relevant social issue in the united states that is significant and has historically been affected by the social welfare system, polity, and the family structure.