In the spirit of ensuring that trials against children were handled in a speedy and in a confidential manner, children below fourteen years were tried immediately before two magistrates (19th Century Bedford Gaol). These early ref... ... middle of paper ... ... been recognized as criminal proceedings. The double jeopardy clause in the Fifth Amendment prohibits the state from trying an offender as juvenile and later as an adult for the same crime. Works Cited Einstein law, (2008). Lawyershop.com.
The alternative to determinate sentencing is blended sentencing, which allows judges to issue delinquent offenders both juvenile and adult dispositions. Depending on the behavior of the delinquent while serving out their juvenile sentence, a fail-safe postadjudication stage occurs to determine whether or not their adult sentence should be suspended or invoked (Belshaw et al, 2011). I personally do support utilizing the determinate sentencing for these offenders and believe that it would fail the criminal justice system not to utilize them. This is considered a heinous crime and they should not be shown leniency. At the age of 12-14, the juveniles know that murder is wrong, and the fact that this young man had to lose his life at the age of 19 over an IPOD is atrocious.
The writer thinks the public has the right to know if juveniles have a past criminal history. He assumes that juvenile crime will continue to rise unless we reconsider the current expungement policies. The writers statement, "expungment is being challenged both intellectually and politically," indicates he is addressing both scholars and politicians. Because of the power that judges hold and their ability to change current laws Funk tries to target them. Additionally, he seems to be addressing law enforcement officers and readers who have a special interest in expungment.
Trying Children as Adults for Criminal Offenses Should Juveniles be Tried as Adults? Violent crimes are committed in the United States everyday. Almost one-half of them are committed by teenagers ages 13 through 17 ("End of Line" 484). After the crimes have been committed and the lives of these children have been radically changed, society often demands that those who commit violent crimes be tried as adults, rather than as adolescents. Juveniles should be given light sentences and a second chance to return to the streets.
This paper will argue that the idea of trying children for their crimes in the United States as an adult is too extreme. In the United States, when one turns eighteen, people consider that the individual is an adult, but there is no written national law, nor a statement in the United Nations covenants that I know of that states that a person is an adult at that age. Age eighteen is accepted as a norm because the Constitution states that under the 26th Amendment, people can vote. Additionally, though it up to the states to decide, eighteen is when people can get a driver’s license and buy cigarettes. Controversially however, there are no state laws or federal laws set to decide at what age a person is eligible to go to an adult court or prison if proven guilty for an unpardonable crime.
Alexus Ellis English 11 Mrs. Murphy 12 February 2014 Should Juveniles be tried as an adult? In some states “Juvenile” is the age of seventeen and younger. All states are different juveniles can also be an adult anywhere between 15 or 18 (Merrefield). If any juvenile commits a crime that an adult would get charged for and get served prison time a juvenile should as well. If the juvenile has committed crimes such as murder, possessing any illegal drugs, or maybe did something to get fined, they should pay the amount of money like an adult.
Every day violent crimes are being committed in the Unites States by juveniles, between the ages of twelve and fifteen, and are tried for these crimes in juvenile courts. The juveniles are being prosecuted in a juvenile court and are receiving a lesser sentence, than an adult for the violent crimes. Some people believe that teens should not be tried as an adult and should just be tried as a juvenile. Juveniles should be tried as an adult, in an adult court, when they are charged with a murder, a sexual offense, and having been previously tried and convicted of two prior offenses. Prior to the 1800’s children over the age of seven were tried in an adult court and upon conviction went to adult prison.
When it comes to violent crimes, specifically murders and homicides, the American society tends to react in a sense that justice should be brought to the victim(s) by giving extensive punishment to the offender(s); this is assuming adults are the players of these specific violent crimes. However, if the tables are turned to juveniles, specifically involving schools, the reactions seem to change. Rather than feeling little empathy while depending on the justice system to carry out decisions expected by society, the American society tends to have more remorse and empathy while examining ways to help prevent these crimes, as well as depending on the justice system. The taking of lives of children by other children creates a different reaction across the nation. A sense of motivation to fix this problem is evident throughout the country.
An adult committing the same violent crime will receive a much harsher penalty, often years in jail, possibly a life sentence, with little or no chance of parole. The only difference between the two offenders is the age at which they committed the crime. Juveniles over the age of fourteen should be tried as adults when accused of violent crimes. Forty-one states currently have laws that make it easier to try a juvenile that has committed a violent crime and is over the age of 14 as an adult. In 1995, Texas lowered the age a juvenile could be tried as an adult from 15 to 14.