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Impact of domestic violence on children
Juveniles and life sentences
Impact of domestic violence on children
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Steven Solis Mr. Cagley ERWC P.3 5 May 2017 Juvenile Justice The question in which juveniles deserve life in prison was answered on June 25, 2012 when the Supreme Court ruled that juveniles will not get life in prison because it breaks the eighth amendment of cruel and unusual punishment. To paraphrase, Justice Elena Kagan, who is writing for the majority, states that a mandatory life sentence without parole throws out the possibility of considering the effect of factors such as living situation and their social lives have on their behavior. However, four justices disagree with the rule, one of which is Justice Alito who states, “Even a 17 ½-year- old who sets off a bomb in a crowded mall or guns down a dozen students and teachers is a ‘child’ …show more content…
Out of anger, Tristen Kurilla choked Mrs. Novak with her cane and punched her to death after Mrs. Novak yelled at him. Tristen admitted to killing Mrs. Novak and when the police asked him if he intended to kill her he said, “No I was only trying to hurt her”. His mother Martha Virbitsky states that she “has had a lot of trouble with Tristen and that he has some mental difficulties.” She also adds that he’s been violent in the past. Knowing that he has some kind of mental issues that can make him go violent, the safest thing would be to keep him locked up for the safety of everyone. Mrs. Novak, even though she was at the end of her rope, died at the hands of a murderer who could not control his temper. Such cases as this should not be excused into the juvenile court …show more content…
During his trial his defense team had an odd argument. A psychologist that they hired said that Ethan’s actions were a product of affluenza which if the fault of his parents letting him do whatever he wants without consequences. The court judge later found him innocent and let him go. To quote Justice Elena Kagan, “..failure to appreciate risk and failures..” what she means by this despite what the juveniles have done life without is not a suitable punishment for murderers. In this case the lives of four people are not worth his freedom. This contradicts what Elena intends to accomplish with the majority ruling. Letting killers go free or getting very light sentences. Ethan continues on living while four people are
Based on the evidence and trial proceedings, I believe that Kenneth should not have been given the opportunity for a plea bargain. Both men had tortured their victims a lot, so it does not make sense to allow one to have the slightest chance of gaining freedom in the future. Kenneth did help with the torturing, raping, kidnapping and killing of women, but he has the chance of getting out of jail. The jury ruling seemed to have fallen for what has been written as Kenneth’s charm because they did not condemn either man to death. Certain states in America have the punishment of death for perpetrators such as this duo but they wrote it off. In my honest opinion, this sentence seems to be too lenient because what Judge George said about them living a life of comfort is true. They should feel pain and regret for what they did.
“You are hereby sentenced to life without the possibility of parole”. These are the words that a juvenile in America is likely to hear. Collectively, as a nation, the United States has incarcerated more juveniles with life sentences than any other nation. With this fact the arguments arise that juveniles should not be punished the same was as an adult would be but, is that really how the justice system should work? To allow a juvenile who recently robbed a store only get a slap on the wrist? Not comprehending that there are consequences for their actions and how what they have done affects the victims.
When it comes to minors, we try to keep a balance between our logistic and moral views on the issue of their imprisonment. Usually, we end up thinking morally, but that isn’t necessarily a bad thing. Children raised in harsh conditions or without adequate parenting could stay bad forever, or grow up to become a great person. A huge slip up shouldn’t take their life. We could think that the children could stay bad forever and become an even bigger problem later in life, but prison time works well to deter against that. The supreme court was right. It’s completely wrong to sentence a minor to
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.
Although judges did not know the right amount of time for these brutal incidents, they knew Kent Jr. could be tried to life in prison. Kent’s family thought this was an outrageous amount of time one 16-year-old could be in prison for. Although it was harsh, Morris had 8 convictions of rape and robbery, which is a serious matter of law. Kent Jr. should not have tried as an adult for his convictions, even if they were that bad. The Supreme Court noted that the objectives are only to “provide measures of guidance and protection for teenagers and society” (Flickeflu N.P.). “There is no place in the system of law for a result of such hard punishment without ceremony” (Flickeflu
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.
Her psychological damage done from the mistreatment by her mother and having a baby non-consensually should be taken into consideration. None of these make murder okay; However she was clearly immature and scared at the time. It was a mistake that she made when she was very young. If she had remained in jail for 50 years, she would be a senior citizen when released. She would miss the majority of her life and her youth to pursuit major accomplishments and redeem herself. Taking away one’s the opportunity to contribute to the world or pursue their goals would almost be taking away his/her life. Our society should promote the value of life and its potential. Originally, I did not think of the sentence in that way, but the class discussion invoked thought. Recently turning 18 years old, I slowly fathomed the magnitude of a near life sentence for a crime committed as a teenager. Why should one’s opportunity be taken away if he/she has the desire and potential to redeem himself/herself? I came to the conclusion that her redemption attempt deserved a shot. All people, especially young ones, deserve a second chance and allowing her to pursue her degree gave her
There are millions of adults in federal prison, but The United States is the only country in the world that condemns children to die in prison (Pequeneza, 2014). It’s sad to think about children being sentenced to life in prison, and frankly it is a disturbing and a scary fact to face. However, in recent years the U.S Supreme Court has made it illegal to charge juveniles with life sentencing for anything less than murder (Pequeneza, 2014). This new law gives children a second chance at life when they are finally released from prison. Many children are forced to be in a household that is not suitable for a developing child. Children are mistreated, neglected, abused, and other factors. These unfit situations that children are in make them more likely to become violent, and maybe end up in juvenile
The tragic case of Larry and Brandon is a compelling story. It is a reality that stunned the city of Oxnard California when a 14-year-old boy named Brandon McInerney fatally shot a fellow classmate, Larry King, twice in the back of the head. The incident occurred in a computer lab where Brandon ran off after committing the crime. As a result of his actions Brandon McInerney was tried as an adult and was sentenced to 21 years in prison with no chance of parole. He will be released at the age of 39. Now the underlying question is was Brandon’s sentence a just resolution or should he have received more or less years in prison. The truth is that I believe Brandon’s verdict was a fair and just punishment, however I don’t believe that he should have been tried as an adult. There’s no question about it what Brandon did was horrible. He killed a kid in cold blood and ran off after doing it. He knows what he did and now he has to suffer the consequences. But Brandon was only 14 years old when this had taken place.
For example, the court has already struck down the death penalty and the life in prison without parole for juveniles or for young offenders convicted of non-homicide. According to the article, “Juveniles Don’t Deserve Life In Prison,” Paul Garinger states that “Brain imaging studies reveal that the regions of the adolescent brain that are responsible for controlling thoughts, actions, and emotions are not fully developed. They can not be held to the same standards when they commit terrible crimes.” If this is true, there is no reason to treat juveniles as adults.
Approximately 2,500 juveniles get life without parole each year in the U.S. There are pros and cons of kids getting life. The pros are: once someone commits a crime they are more likely to commit another, people have closure knowing the criminal got the punishment they deserved. The cons of sending kids to jail for life are: the severity of the crime might not fit the punishment, the burden on taxpayers; $305 per day and most juveniles spend 135 days in juvenile detention center. Juveniles should be given a second chance.
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.
Many people claim that the child did not know any better, or that he was brought up with the idea 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 capital crimes be treated as adults?" To begin with, numerous reasons for why a child acts in the manner he exhibits and why he continues to exert such dangerous and even fatal schemes. Recent research shows that factors ranging from inherited personality traits to chemical imbalances and damages suffered in the womb can increase the odds that a child will become violent (Johnson 234).
Should juveniles be trial as an adult after committing a heinous crime and sentenced to life? As a teenager, this question if far complicated to answer due that I am a teenager yet in my opinion, I believe that the juvenile should not be sentenced to life. I believe that there 's other way to punish them for their crimes. The last execution was in 2006 in California. On June 2012, the supreme court of justice ruled that juveniles cannot be sentenced to life in prison. On July 2014, in California the death penalty was removed. The 8th amendment banned the use of cruel or punishments. The reason why this rule have been imposed or banned was because many believed that they deserve a second chance. There are many reasons why juveniles commit crimes such as murder.