Imagine being a teenager that did something bad and has to stay in prison till they do you die as your consequence. Direct filing is a completely biased process, juveniles don't get justice. When you are 17 and younger you are seen as a child that cannot make your own decisions until you break the law you suddenly get seen as an adult. Juveniles are teenagers that are going through major uncontrollable brain changes. It is unconstitutional for a juvenile to be prosecuted to life without parole. Direct filing doesn't give juveniles the chance to be sentenced as a child. In ‘treating Young Offenders Like Adults Is Bad Parenting’ by Juleyka Williams explains the process of direct filing. “Direct filing gives the D.A. alone the power to decide whether or not a young offender should be tried as an adult in an adult court instead of in the juvenile-justice system.” D.A. only have 48 hours and a police report to decide how a juvenile should be prosecuted. Juveniles are different criminals they need to have their cases extremely thought out, 48 hours isn't enough time. “Deciding to direct file a young person circumvents the role of a judge, who would otherwise conduct a “fitness …show more content…
The article ‘Kids Are Kids Until They Commit Crime’ by “Hey, they’re only kids.That is, until they foul up. Until they commit crimes. And the bigger the crime, the more eager we are to call them adults.” We are eager to prosecute juveniles as adults because it's quick and easy. Just because it's fast and easy doesnt mean its the right thing to do. “We’ve created this image that teenagers are something to be feared,’ said Dan Macallair of the Center on Juvenile and Criminal Justice in San Francisco.” Teenagers are always made out to be viewed as villains. But they aren't, they are just moody beings that are going through a lot of
Thus, the shifting perceptions of the justice system has transformed what it means to be a child and an adult due to their pervasive, and punitive approaches to crime and delinquency. Although adolescents today enjoy many new freedoms and greater time to experiment, those that don’t conform to “normative behaviors” and engage in socially constructed definitions of delinquency, often end up under the firm hands of the juvenile justice system. Despite the creation of this phase in an adolescent’s life, the injustices within the adult justice system have breached into the juvenile system, thus, blurring the lines of what it means to be an adolescent in modern times. Thereby, the adolescent stage is constantly being manipulated to conform and match the social construction of crime and delinquency, and the rise in the practice of trying juveniles as adults within the court system and mandating life sentences is evidence of this
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.
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
Juveniles are more than just kids. They are capable of doing anything an adult is capable of doing. One has probably heard the saying, “If you want to be treated like an adult, then act like an adult.” If they’re going to do crimes that “only” adults are capable of doing, then they should treated like an adult and be tried and sentenced like one. Imagine being close to a murder victim, wouldn’t you want them to feel hell? “How would you feel if you never got to see your child alive again while their killer served only a short sentence before being released from jail?” (hchs1259). This quote hits hard. One can only imagine being in the position of a parent whose child was murdered.
For those juveniles deemed dangerous, or those that have committed a serious crime, a different process would follow their initial contact with the court. This involves the removal of the offender from the juvenile system, to be transferred to the adult criminal court. These offenders are adjudicated as an adult if certain factors are present. The waiver to the adult court is often a critical step in receiving a harsh sentence for juveniles. Two Supreme Court cases have addressed the issue of juvenile waivers and transfers, Kent v. United States and Breed v. Jones. The two cases resulted in specific requirements for transfer hearings, including a) a legitimate transfer hearing b) sufficient notice to family and defense attorney c) right to counsel d) a statement regarding reason for the transfer. However, the waiver of juveniles is often criticized by experts for various reasons. "Minors are likely to be looked upon as special persons by prosecutors, probation officers, and judges in the criminal courts. They are younger than the main population of defendants before the criminal courts…while a minor may be looked upon as a hardened criminal in the juvenile court, (s)he may be viewed as a mere innocent youngster in criminal court." (Abadinsky 72). Some research has shown that the transfer of juveniles is a waste of both time and money. Why? Because the offender often receives the same treatment or senten...
Juvenile do not deserve life in prison, they will not be able to handle it. I agree with the group of judges who believe juveniles to not deserve life sentences. They have a great chance at rehabilitation. It only takes something or someone to help them stay out of troubl
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.
According to the article of “Should Juveniles Be Tried as Adults?” at Buzzle.com, “It is a proven fact that when a child is at the age around nine or ten that they do not have the mental accessibility to think as an adult” (Borkar). Citizens see this statistic as a reason as to why children should not be tried as adults. “Children are five times more likely to be sexually assaulted in adult prisons than in juvenile facilities” (Equal Justice Initiative). These juveniles are subject to much harsher punishments which includes life sentencing (Michon). These people do not feel that these children should be in a prison for the rest of their life for something they did when they were 13. Broken families can be a reason for a child to rebel and become trouble. “Psychology speaking, it is said that there are no ‘problem children’ but only ‘problem parents’” (Borkar). Parents roles are to guide their kids in the right way. Children will not know what is right or wrong if parents do n...
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
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.
The first article; “Adult Crime; Adult Time.” by Linda J. Collier is about how the juvenile delinquents of the world should be thrown right in with the hardened criminals. She talks about the Jonesboro, Arkansas incident in which 11-year-old Andrew Golden and 13-year-old Mitchell Johnson, slaughtered their classmates as they ran from the school building. They pulled the fire alarm and began their assault with a barrage of bullets. In this particular situation, “they are still regarded by the law as children first and criminals second.”(Pg. 620). This has not been the first time that young children have committed such crimes, but the average of violence committed by children has risen by 60% since 1984. She claims that because of these statistics, we need to update the juvenile justice system. “In recent years many states have enacted changes in their juvenile crime laws and some have lowered the age at which a juvenile can be tried as an adult for certain violent crimes.” (Pg. 620) According to this author, she feels that it is a start in the right direction. She claims that she has represented children as a court appointed guardian and is humbled trying to help children out of their difficulties which often due to circumstances beyond their control. Still, for violent crimes, she feels that “children who knowingly engage in adult conduct and crimes should automatically be subject to adult rules and adult prison time.”
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.
The opposition believes that holding court cases where juveniles remain tried as adults undoubtedly violates the rights of the juvenile. Initially, the age of a person when the alleged crime occurred decides whether or not he or she will be tried as a juvenile. “Definitions of who is a juvenile vary for different purposes within individual states as well as among different states” (Rosenheim 36). Children, ages seven to seventeen, who are suspected of crime, must be treated as children in need of guidance and encouragement, and not as vicious criminals (Emerson 6). Also, the opposition feels that the juvenile cannot accept full responsibility for his or her actions. Some people insist that each minor who committed a crime was influenced in some way or another (Emerson 8). Not only does the opposition believe that the minor was influenced, but they also believe that the juvenile was not able to control his or herself (Emerson 8). In addition, juveniles have not yet reached the necessary maturity level to share a prison amongst other adults. Minors, isolated for punishment, do not deserve this radical treatment (Staff Report C13). Numerous lawsuits are filed annually to fight the improper incarceration of juveniles who were tried as adults (Staff Report C13). Most importantly, courts must not rely on prosecutors to prove that a child knew whether or not that the crime committed was right or wrong. “The court is exhorted to treat children brought before it with the same kind of care, custody, and discipline that they would receive ...
One reason why juvenile offenders should not be tried as adult is because they are far from adulthood. Many teenager who have committed a crime has a different background. For example, they have suffered sex abused, their parents have been drug addicted , or have been in prison for many years. There are many factors
In a world where crime occurs every second of the day on every street, the effort to prevent our youth from witnessing such things has grown nearly impossible. The duty those who are older than juveniles have is to place them in a positive place to grow, away from violence. Since the youth may not recognize right from wrong, someone must do so for them. The juvenile is looked at by the Judicial System almost as the child of the state. By this the state has the best interest for the child and will act in whatever manner necessary to accomplish this. Although the State does understand that juveniles should be treated as if they are less to blame for a crime than an adult, there have been many counts of juvenile cases that raise questions about current laws. When a juvenile commits a crime that would normally see an adult face serious time in prison, the sentencing process falls nowhere in the same category. This is because of the certain rules and regulations for courts in the Juvenile System that limit the juvenile sentencing drastically. Just for the reasoning that a juvenile is a growing human being with an undeveloped brain, does not condone a juvenile to commit gruesome crimes that will conclude in no way near the punishment deserved.