Trying juveniles in adult courts has negative effects on the defendants as previously proven. Another reason juveniles should be tried in juvenile centers is that trying an adolescent offender in adult court is a terrible double standard. Author Peter Katel(2008) would agree with this. He stated that brain scans have shown that adolescents do not think like adults(2008). If a teenager doesn 't think like an adult they should not be handled the same way(Katel, 2008). This is evidence of the double standard. There are age restrictions on many things do to the thought processes of different aged people, however when it comes to justice some find it acceptable to try all evenly. In the mind of Hannah McCrea(2008), “…”justice” means proportional …show more content…
There is a no exceptions when it comes to minors trying to purchase alcohol. If your twenty-first birthday is tomorrow they will not sell you alcohol. There isn 't an exception that states sometimes it is acceptable if the buyer deserves it. When a defendant is put on trial it needs to be the same way. It doesn 't matter what the crime is, age should effect where the criminal is facilitated. With age serving no factor it shows this double standard with the court system. If you send these criminals to adult facilities you are setting them up for failure in the future. Juveniles are never held as responsible as adults in our society. If a child gets in trouble at a young age in school, their parents are called. The idea here is that if it is a criminal action all of our beliefs change when in reality it is still a juvenile who isn 't fully matured and makes mistakes. It is not acceptable to let a criminal off with what they have done because of their age. It is necessary to facilitate them with other adolescents to protect …show more content…
Juvenile centers often have the goal of helping turn the young offender into a better person in society. Adult prisons are meant to keep them out of society. McCrea(2008) is a strong advocate for rehabilitation instead of penalization. The idea of rehabilitation is the focus in juvenile centers, this is why adolescent offenders should be incarcerated there. Juveniles in facilities meant for them are more likely to take place in educational programs(Bechtold & Cauffman, 2014). It is more likely for inmates to attend educational programs in juvenile centers, these facilities are also prepared better to handle the educational requirements for a young adult(Bechtold & Cauffman, 2014). Jeffrey Fagan(2008) backs that information stating juvenile centers had better educational programs. Along with better programs, staff members are more caring and make strong efforts in keeping inmates in contact with family and anyone who would be a positive influence upon release(Fagan, 2008). As previously stated adolescents are the most influential people on the planet. Having bad role models in their life may have been a factor in the young criminal to make their initial mistakes. If there will be a difference in the future for the offender it comes from where they are incarcerated. If an offender is incarcerated in a juvenile center they will have positive influences. At a time where they
Many people say that the systems first priority should be to protect the public from the juvenile criminals that are a danger to others. Once the juveniles enter the system there is however, arguments on what should be done with them. Especially for those deemed too dangerous to be released back to their parents. Some want them locked away for as long as possible without rehabilitation, thinking that it will halt their criminal actions. One way to do this they argue would be to send them into an adult court. This has been a large way to reform the juvenile system, by lowering the age limits. I believe in certain cases this is the best method for unforgiving juveniles convicted of murder, as in the case of Ronald Duncan, who got away with a much lesser sentence due to his age. However another juvenile, Geri Vance, was old enough to be sent into the adult court, which caused him t...
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.
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
In 1899, the juvenile justice court system began in the United States in the state of Illinois. The focus was intended to improve the welfare and rehabilitation of youth incarcerated in juvenile justice system. The court mainly was focused on the rehabilitation of the youths rather than punishing them being that they still have immature ways and still growing. Specialized detention centers, youth centers, and training schools were created to treat delinquent youth apart from adult offenders in adult facilities. “Of these, approximately 14,500 are housed in adult facilities. The largest proportion, approximately 9,100 youth, are housed in local jails, and some 5,400 youth are housed in adult prisons” (Austin, 2000).
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).
Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which includes the media. Their records are often confidential, protecting children from carrying the burdens of their delinquent activity into adulthood. Also, their records are supposed to be sealed. But what happens when a juvenile’s criminal case is transferred to an adult court? Are the guidelines or rules different from any other adult offender? What are the advantages and disadvantages of the sentencing guidelines?
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.
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.
If children are too young to vote, drink alcohol, drive, and go watch rated R movies, why should they be tried as adults? It has always been an issue if whether an adolescent, under the age of eighteen, convicted of violent crimes should be tried as an adult or not. There are children as young as eleven years old that are being sent to adult prisons (Krikorian 2003). In such cases the jury does not take into consideration the fact that they are too young to stand trial, their brains are not fully developed, and that they are capable of rehabilitating.
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.
In conclusion, juvenile offenders should be tried as adults. Adult classification enables the judicial system to punish offenders to the fullest extent of the law. Juveniles should be held responsible for their actions because they have values and morals and are able to realize consequences just as well as adults. The tougher punishments given by adult courts discourage other young people from committing crimes and help to keep society safer fro everyone. Justice is served for criminal and victim when the punishment allowed by adult courts compensates for the crime committed. When juveniles are tried as adults in the criminal justice program, society as a whole benefits.
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
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...
People support sending juveniles to adult prisons for many reasons. One reason is that it is the job of the courts to help protect society. Once a troubled juvenile is sent to an adult prison, they are out of the way of society. Hopefully when they re-enter, the punishments they received will be imprinted in their brain and stop them from performing any wrong again. Another reason people think that disturbed youth cannot be saved is that punishment will not save them from themselves and they just need to be locked up forever. It is thought to be true that juveniles who are sent to jail will not commit the same crime again or even any crimes at all. All the reasons and opinions that say that juveniles should be sent to adult prisons for their heinous crimes seem logical. Despite this, they are not. There are more rational reasons why adolescents should be sent to their own private penitentiary.