36 0 obj Abstract . The pros and cons of juveniles being tried as an adult are beginning to find some resolution. Trying Juveniles as Adults, supra. Like the three strikes law, the threat of a harsh sentence will most certainly make children think twice before they commit violent crimes. Print. StudyCorgi. Why are Some Juveniles Tried as Adults? Juvenile cases that involve serious crimes are sometimes tried in adult criminal court. If a young person has a long history of trouble, he or she may also be tried as an adult. A process called a waiver happens when a judge waives the protection offered by a juvenile court. By transferring the case to the adult court system, it provides an opportunity for the community to weigh in on what they believe the outcome of the case should be. Punishing them for their wrongdoings teaches them accountability, which they can bring with them until they grow old. endobj Id. Juveniles should be tried as adults due to being aware of their crimes and having an intention to kill, however, brain development and maturity can play a role into the reason why teens kill. StudyCorgi, 29 Dec. 2021, studycorgi.com/why-juveniles-should-be-tried-as-adults/. Retaining juvenile justice system and applying it regardless of the kind of crimes meted against innocent citizens is a systematic failure on the part of the government to redress the worrying situation (Russel 380). The reason that juvenile courts were originally created in the nineteenth century was because society recognized that juveniles did not have the cognitive development that adults had, would benefit more from rehabilitative services to prevent recidivism, and needed more protections. Prosecutors stated that the boy, This essay sample was donated by a student to help the academic community. A crime is a crime and for that reason Juveniles who commit violent crimes should be tried in the same way as adults. In such cases, it is crucial to understand jurors' attitudes, biases, and ability to follow legal instructions and maintain fairness. 3. 5. Juvenile Justice System: Where Is It Now? Prince 12.5 (www.princexml.com) Id. Juvenile delinquency refers to antisocial and criminal behavior committed by Introduction This essay will present and analyze a variety of academic sources to oppose the statement that criminal law is fair and effective in addressing crime, punishing offenders, and maintaining social cohesion. With statutory exclusion laws, the legislature has typically granted the adult criminal court exclusive jurisdiction over certain types of cases involving juvenile offenders. Kids under the age of 18 are not perfect innocents. Get your paper done in as fast as 3 hours, 24/7. @ @)c?|9 @LyJ6 The transfer of juvenile offenders from juvenile courts to adult courts, however, should be applied in limited situations. The adult system simply does not have the capacity to respond to the needs of children, especially those who are young, in ways that are developmentally appropriate. <> In the 1970s and 1980s, media reports began highlighting an upward trend in violent crime rates, which in turn shifted the political emphasis to being tough on crime. As a result, sweeping reforms were passed in many states to make it easier to try juveniles in adult criminal courts, and more punitive juvenile justice laws were passed. The restorative justice system goes further to involve the victims, the society and the offender in the search for justice. Indeed, in such a lenient juvenile system, victims are more often than not left unacknowledged. Punishment has been found to deter people, including the young from exhibiting bad behavior. For example, for a murderer that intends to kill, Premeditated means are considered beforehand. December 29, 2021. https://studycorgi.com/why-juveniles-should-be-tried-as-adults/. sharing sensitive information, make sure youre on a federal With so many people concerned about the increase in violent crimes in society today, the logical place to begin the process of changing is with the dangerous youth. When a case falls under one of the statutory exclusion laws, it is mandated that the case be filed in adult court rather than in juvenile court. Childrens Rights Litigation: Should juveniles be charged as adults in the criminal justice system? Available from: https://edubirdie.com/examples/juveniles-charged-as-adults-for-or-against/. Campaign for Youth Justice, 1-2. (2021, December 29). Punishing kids constant approach we have a tendency to penalize adults doesnt advance public safety. WebPDF Juveniles Should Not Be Tried in Adult Courts But when we punish them as adults, we change those odds. The number of juvenile crimes has risen significantly, and evidence shows that the figure has tripled since the 1980s. American Bar Association, 1. The approach consists of three key Introduction The process of criminalisation and marginalisation associated with juvenile offending can impact relationships, education and employment opportunities and mark young offenders with a stigma for the rest of their lives (Cunneen and White 2002). We must remember that children and adults think differently, so trying to place adult responses on youth is not always appropriate. Terms of Use, Should Juveniles be Tried as Adults? In the past few years nationwide, the Department of Juvenile Justice Centre has recorded many crimes committed by juvenile offenders. Violent crime rates and juvenile crime have been in a steady decline over the past 20 years; however, reforms to restore the juvenile court system to its original vision have not been as swift. 38 0 obj It is a process which seems to disproportionally target minority demographics. Accessibility While these variations dont excuse youth from responsibility for their actions, the U.S. Supreme Court has repeatedly recognized that youth are less blameworthy than adults and more capable of change and rehabilitation (Roper v. Simmons, Graham v. Florida, J.D.B. Once the juvenile reaches the statutorily defined age and is accused of a crime, that individual will automatically be charged in the adult criminal system. There is a case of a 10-year-old girl in the state of Wisconsin who was charged in 2018 in the killing of a 6-month-old, and state law requires anyone who is age 10 or above to have their case brought in adult court. Others, on the other hand, would say that juveniles have plenty of brains and common sense. Arya, N. (2012). <> [Internet] Edubirdie. It is argued that minors transferred to criminal court Here are a few pointers that will help you understand why eradicating the juvenile system might be considered a negative factor. Juveniles in adult court also recidivated sooner and more frequently. It's time to renew your membership and keep access to free CLE, valuable publications and more. If the point of juvenile courts is to deter and rehabilitate juveniles so that they can succeed as adults, then it is important to evaluate the success of that mission when a juvenile is charged as an adult in the criminal justice system. While juveniles may be kids, they should be able to distinguish right from wrong, especially in extreme circumstances. In prosecutorial discretion or concurrent jurisdiction laws, there is a class of cases that could be brought before either a juvenile or adult court. 1. 9. Children in prisons: Deaths in prison. . In the 1960s, a series of cases made their way to the U.S. Supreme Court, establishing procedures and due process rights for individuals in the juvenile court system. Jurisdictional Boundaries, supra; Trying Juveniles as Adults, supra . The cost of implementing such measures will never even reach the immeasurable cost of lives lost. It has been highlighted that the stigmatisation process can lead EduBirdie considers academic integrity to be the essential part of the learning process and does not support any violation of the academic standards. This is because sending juveniles to adult courts is not, in most circumstances, the sole solution to juvenile crimes (Bergman, Paul, and Berman 35). Moving a child into the adult court system exposes them to the mandatory sentencing guidelines which exist in most jurisdictions. uuid:5d1198af-b2e3-11b2-0a00-703d5124ff7f spokesperson stated, We dont want to make an example out of a Adult crime, adult time? FOIA WebReasons Why Juveniles Should Be Tried As Adults 1160 Words | 5 Pages. Laurence Steinberg works as an adolescent psychologist and he told Inside Edition in 2018 that it is rare to have juveniles tried as adults. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> Thus, once in jail there is no going back, the various negative experiences is not a good thing when you in their like the assault, rape, and harassment pushes them to adopt similar bad behavior. 7. Scialabba, N. (2016). Id. By sentencing them in a way that is similar to what an adult would receive, these older teens do not receive credit for the fact that they may only be a few months away from becoming a legal adult in the United States. However, in 2014, New York Governor Andrew Cuomo announced the formation of a state task force to evaluate and design a plan to reform the justice system in New York to raise the age. official website and that any information you provide is encrypted Many of them begin thinking and acting more nmaturely. We are here 24/7 to write your paper in as fast as 3 hours. U.S. Dept of Justice, Office of Juvenile Justice & Delinquency Prevention, Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting (Juvenile Offenders and Victims, Natl Report Series Bulletin, Sept. 2011). Abstract . (2021, December 29). A jail term may not be sufficient to help juvenile offenders. She was scheduled to complete her sentence in 2015, but then was released to the community in 2012 despite being convicted of a triple homicide. See Center on Juvenile & Criminal Justice, Juvenile Justice History.. There are many effects that being tried as an adult can have on a juvenile. The couples 12-year-old daughter was missing from the home, so the first inclination for law enforcement was to think an abduction occurred. Experts in psychology are of the view that juveniles aged 15 years and below do not have the necessary mental competency to help them acknowledge the degree of their crimes and the magnitude of the consequences they are likely to face. And solving this problem reduces crime on the street and teaches accountability for the crime they committed. WebJuveniles should be tried as adults due to being aware of their crimes and having an intention to kill, however, brain development and maturity can play a role into the reason <>12]/P 26 0 R/Pg 41 0 R/S/Link>> All rights reserved. Cyntoia Brown is one story of about 10,000 who was sentenced as a juvenile for killing a man when she was just 16 years old. 8600 Rockville Pike 10. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. <>35 0 R]/P 25 0 R/S/Link>> We will write an essay sample crafted to your needs. According to Juvenile Justice Geography, Policy Practice & Statistics (GPS) information from 2015, the overwhelming majority of jurisdictions (41 states and the District of Columbia) define age 17 as the highest age that an individual can have a case originate in juvenile court. Talking about a black man: the influence of defendant and character witness race on jurors' use of character evidence. Id. The https:// ensures that you are connecting to the 3. The primary reason why most juveniles face adult justice system is to inflict harsh punishments that deter them from future criminality, Which is a pretty big deal for most teens. A Century Long View, supra. A Century Long View, supra. In the view of the fact that the juvenile justice system has been around for decades without successfully addressing the problem of increasing juvenile crimes, there is a need to shift the discussions and have juveniles tried in adult criminal justice systems (Jung, Ahn-Redding, Heather and Meredith 341). Where a juvenile offender is found to pose serious risk to the community, it is recommended that he or she is detained in a juvenile detention center equipped with correctional, educational, and support services (Jung, Ahn-Redding, Heather and Meredith 355). For many years, offenders have had to cause even more harm after serving their probation. As such, it is important to evaluate what happens to juveniles who go through the adult court system to determine if they are deterred from future crime. It prevents a child from having a fresh start even after they make necessary changes. and transmitted securely. Behav Sci Law. In these states, if a juvenile is age 16 or 17, and gets charged with any criminal offense, the case is originated and tried in adult criminal court. When deciding who should be waived under the adult criminal justice system, juvenile judges should assess all the facts before deciding whether the juvenile should be rehabilitated or jailed (Jung, Ahn-Redding, Heather and Meredith 356). Id. Jung, Sandy, Ahn-Redding, Heather and Allison, Meredith. <>17]/P 29 0 R/Pg 41 0 R/S/Link>> <> She was given clemency in 2019 after serving 15 years in prison for the crime. All states have an upper age of majority, by which one is considered eligible for juvenile court jurisdiction. 2021. These higher rates of recidivism can be attributed to a variety of reasons, including lack of access to rehabilitative resources in the adult corrections system, problems when housed with adult criminals, and direct and indirect effects of a criminal conviction on the life chances of a juvenile. This means that while punishment is welcome, it should not be used to condemn the youth to rot in jail without providing them with a second moment in life. Wells. Most people agree with Sterling Burnett of the National Center for Policy Analysis in Dallas: The only way to treat the victim as a full human beingto fully honor the memory of the victimis to punish the perpetrator Since 1993, at least 43 states have passed laws making it easier for children to be tried as adults. However, according to a research report by the School of law at the University of California, there is minimal, or no deterrence achieved through prosecution of minors as adults. And still we refuse to punish them because they are too young to understand that what they are doing is wrong. An excuse most heard from parents, it is also an excuse too often heard after lives are lost and ruined. Retrieved from http://www.simplypsychology.org/bandura.html Miller, R. N., & Applegate, B. K. (2015). In an effort to allow juveniles enjoy their rights to due process, the justice system should allow juveniles offenders the right to appeal in circumstances where the judge waives. If you see something bad happening, speak up and tell the police that you have a right to freedom of speech which we, the people, stand not to speak up for. The reason that juvenile courts were originally created in the nineteenth century was because Signing up is easy and grants you member-only access to the latest news, information, and thinking on litigation strategy. Key Facts: Youth in the justice system: youth crime. Although there are advantages to having older teens in the adult system because they can take advantage of the available services, younger children require a juvenile-specific approach that is not available if they are tried and convicted as an adult. It does not provide them with youth-specific services. Id. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Brown reportedly shot the man while he was sleeping, and then stole his cash, guns, and truck as she fled the scene. The reality of this crime scene is that Jasmine Richardson killed her parents and brother, stabbing the young boy in the chest while her boyfriend slit his throat. It does not usually offer an opportunity for rehabilitation. Approximately 40% of the murders that occur which involve a juvenile include an adult as well. For this reason, it is would not be reasonable to subject youth under the age of 15 years to adult criminal system. It does not usually offer an opportunity for rehabilitation. If a juvenile is beyond that age, they are automatically within the jurisdiction of adult criminal court, regardless of the offense charged. OO 00 o o o o a. o o cn Trying Juveniles as Adults, supra . All rights reserved, Juvenile Crime: Teens Make Rash And Abrupt Decisions Which Get Them In Trouble, Juvenile Crime In South Africa, The United States And China, Failure Of The Criminal Law To Fairly And Effectively Address Juvenile Crime, Drugs And Alcohol Are The Main Leaders Of The Juvenile Crime. The .gov means its official. Only 28 states have passed laws which ban employers from placing the conviction history of an individual on a job application. 308 undergraduate psychology students served as mock jurors, were randomly separated into four groups, and each group read the same realistic summary of a trial with the defendant's age presented as 13, 15, 17, or 21 years. The idea was to educate and rehabilitate juveniles so as to attack what were believed to be the roots of juvenile delinquencya lack of moral education and standards. <> Jurors' and Judges' Evaluation of Defendants with Autism and the Impact on Sentencing: A Systematic Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) Review of Autism Spectrum Disorder in the Courtroom. There has been an increase over the years where our juveniles have experienced the use of narcotic drugs. Retrieved from https://studycorgi.com/why-juveniles-should-be-tried-as-adults/, StudyCorgi. There are many reasons that have been provided by various scholars to explain the possible cause of juvenile sex offenses (Margari et al., 2015).

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