Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The problem with the juvenile justice system
The problem with the juvenile justice system
The problem with the juvenile justice system
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The problem with the juvenile justice system
Prior to 1899, in the United States, child offenders over the age of seven were imprisoned in the same facilities as adult offenders. As a result of political and social reformers, society’s views on juvenile justice began to shift to a more sympathetic view. Beginning in 1899, individual states began to address the youth incarceration problem by establishing youth reform homes, the predecessor to juvenile dentition centers. The objective of these homes was the rehabilitation of juvenile offenders for their re-entry into society and for the greater good. However, in recent years, many have argued that juveniles charged with violent felonies ought to be treated as adults; while others argue its antithesis. In 2005, Kirk Gunderson (17) committed suicide while incarcerated in an adult jail. His mother, Vicky Gunderson, explained to a researcher on youth justice how her son was sexually assaulted and involved in physical confrontations. He was placed in confinement where he was left for two and a-half hours by himself. Once the guards came back, Kirk was found dead hanging by a blanket from a smoke detector. It is upsetting to many to read cases like Kirk’s but it poses a question; could this act of violence been avoided? This essay seeks to demonstrate that juveniles, persons who have not reached the age at which one should be treated as an adult by the criminal justice system (16 in NYS), charged with violent felonies, a series of unlawful crime punishable by imprisonment from more than one year to death (murder, rape, arson, and burglary), ought not to be treated as adults in the criminal justice system because this will lead to more acts of violence against juvenile offenders by both adult offenders and themselves. Three argume... ... middle of paper ... ... "Speaking Out Against Prosecuting Youth as Adults." Campaignforyouthjustice. 2007. Web. 2 Apr. 2011. . Center for Disease Control and Prevention. "Youth Suicide." Centers for Disease Control and Prevention. 07 Aug. 2008. Web. 03 Apr. 2011. . Klein Eric, JD at Georgetown University Center of Law, Dennis the Menace or Billy the Kid: An Analysis of the Role of Transfer to Criminal Court in Juvenile Justice, American Criminal Law Review, winter 1998, p.ln//gp3 The New York Times. "Throwing Away Young People: Prison Suicide - NYTimes.com." Editorials - Opinion - The Board Blog - NYTimes.com. 21 Nov. 2007. Web. 03 Apr. 2011. .
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
juvenile justice” (Elrod & Ryder, 2011) is to detour juvenile crimes and not be so easy on
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.
Sharon Cohen. Prosecuting kids as adults: Some state ponder changes. 2007. 26 May 2010 .
Wood advocates that juveniles confined to adult prison are in danger and that they experience “significantly higher rates of physical assault, sexual abuse, and suicide, than their counterparts in juvenile facilities.” (para. 1). Wood’s case study presents facts that substantiate negligence regarding the safety and well-being of youths in prison.
Shepherd,Robert E.,,Jr. (2008). Evidence mounts on wisdom of trying juveniles as adults. Criminal Justice, 22(4), 42-44. Retrieved from http://search.proquest.com/docview/222860262?accountid=12610
For decades, the contentious issue on whether or not juveniles should be tried as adults for heinous crimes has stirred up a gargantuan amount of disputation. However, juveniles are taken into account as “children” only under certain circumstances. When the situation comes to smoking, drinking, voting and watching rated-R movies, juveniles are merely children. However, when the circumstances are absolute, juries are so compelled to have children be tried as adults when juveniles commit severe crimes that courts go to the extent of sentencing juveniles to long-term punishments. Nonetheless, juveniles who are tried as adults arise significantly more problems than they had before, thus, juveniles should not be tried as adults in spite of that it causes so much controversy and is
Steinberg, Laurence. ¨Should Juvenile Offenders Be Tried As Adults?¨ USA Today Magazine 129 Issue 2668. Jan 2001 p.34. EBSCOhost.
Vandergoot determines that the reasoning capacity of an adolescent, the ability to make legal decisions, and filter unnecessary information is unclear to a juvenile in the justice system; the vagueness of youth stepping into the courts prevents them from fully participating in the justice system. ( Vandergoot, 2006). As a result of this impreciseness youth encounter Vandergoot concludes a separate justice system allocated for youth to adhere to adolescent needs. Vandergoot discusses the Youth Criminal Justice Act a justice system devised to adhere to youth needs. She summarizes the system that benefits young offenders in contrast to adult offenders.
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...
In today’s society it is not who or whom it is what. Juvenile offenders are now facing a two court system, not only can they be tried in juvenile court for a crime committed. They are now being charged as adults in adult court. Charging a juvenile as an adult has stirred up ...
When it comes to individuals committing serious or harsh crimes, a sentence should match the crime that was committed. However, say this individual is under the age of 18. Should that make a difference in the amount of time they should serve, or should they serve any time at all? Based on age, states or locations, crimes committed and many other factors, we will discuss whether or not juveniles should be tried as adults. There are many arguments back and forth on whether or not a juvenile should be tried as an adult for their crimes. The two main reasons that are prosed for juveniles being tried as adults are that 1) the sentence should be proportional to their crime no matter the age and 2) the harsher or severe punishment will help lower juvenile crime rates. However, according to research juvenile crime rates have increased and the deterrent effects are minimal or almost non-existent. According to research and studies, a child’s brain does not fully develop until the age of 25. With this in mind, it brings up
“Juvenile Justice and Injustice” New York, New York Margaret O. Hyde, 1977. Johnson, Jason B. Slain Teen’s family: Cops eyeing 7-10 suspects.” Boston Herald. 7 April 1995 Olney, Ross R. Up Against The Law. New York, New York: NAL Penguin Inc., 1985.
Suicide is the third leading cause of death for 15 to 24 year olds, and the sixth leading cause for 5 to 14 year olds. Suicide accounts for twelve percent of the mortality in the adolescent and young adult group. Young males are more common than young woman suicides. These are only children who followed through with the suicide. For every successful suicide there are fifty to one hundred adolescent suicide attempts. In other words, more than five percent of all teenagers tried to commit suicide, and the number is still rising. It is scary to think that four percent of high school students have made a suicide attempt within the previous twelve months. In a small safe town like Avon, in the Avon High School where you and I practically live, you can see the faces of 22 students that have tried to commit suicide. That is enough to fill a classroom.