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Biological factors of criminal behavior
Biological factors of criminal behavior
Biological factors of criminal behavior
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As parents the worst news we can imagine is harm coming to our children, but having a child face a death sentence is completely tragic. You think of the life they could have, you ask yourself where you went wrong. You put yourself in the shoes of the family your child has hurt and how they were denied of a normal life. Sufficed to say when a child is on death row their actions hurt all involved. While many oppose capital punishment, we need to look at why we should ban it for juveniles who commit capital offences. In order to understand why juveniles under the age of 18 deserve their own capital offence punishment we have to look at the biological aspect of this reasoning. Researchers of the UCLA brain research team have found that the frontal lobe which provides humans with advanced cognition continues to develop into a person’s early 20’s. The frontal lobe undergoes far more change during adolescence than at any other stage of life. (Ortiz, 2004b, p.2) “One of the things that teenagers seem to do is to respond more strongly with gut response than they do with evaluating the consequences of what they are doing”, explains Dr. Yurgelun-Todd of Harvard Medical School. (Ortiz, 2004b, p.2) Adolescents undergo dramatic hormonal and emotional changes the most dramatic hormonal effect is produced by Testosterone which is closely associated with aggression and increases tenfold in adolescent males. Of the 17 juvenile executions performed from 1973 – 2000 all were males. (Streib, 2004) Those who support juvenile capital punishment point out that adolescents know the difference between right and wrong; that brain development and upbringing should not play a role in sentencing a juvenile to death. They believe that without the death pen... ... middle of paper ... ... Enterprise. LeMoye. (2008, August 26). UNICEF. Retrieved June 5, 2010, from http://www.unicef.org/crc/ Mallett, C. (2003). Socio-Historical Analysis of Juvenile Offenders on Death Row. Criminal Law Bulletin , 77-78. Ortiz, A. (2004a, January). Evolving Standards of Decency. Retrieved May 22, 2010, from Cruel and Unusual Punishment: The Juvenile Death Penalty: http://www.abanet.org/crimjust/juvjus/EvolvingStandards.pdf ---, (2004b, January). Adoloscence, Brain Development and Legal Cupability. Retrieved May 2010, from American Bar Association: http://www.abanet.org/crimjust/juvjus/Adolescence.pdf Streib, V. L. (2004, April). Juvenile death penalty today: Death sentences and executions for juvenile crimes, January 1973 - April 2004. Retrieved May 2010, from The International Justice Project: http://www.internationaljusticeproject.org/pdfs/JuvDeathApril2004.pdf
Hale, Robert L. A Review of Juvenile Executions in America. Vol. 3. Wales: Edwin Mellen, 1997. Print.
America is no stranger for juveniles being tried as adults. The first known case being in 1642; Thomas Granger, 16, who had sex with a mare, cow and some goats was hanged in Plymouth Colony, Massachusetts.1 He was America's first documented execution of a child offender and the debut of the juvenile death penalty.1 The youngest girl to be executed was 12-year-old Hannah Ocuish who was hanged for killing a 6-year-old white child in 1786.1 Finally, James Echols, was the last execution in 1964 who was executed for rape two years later at the age of 19.1
The sentencing of underage criminals has remained a logistical and moral issue in the world for a very long time. The issue is brought to our perspective in the documentary Making a Murderer and the audio podcast Serial. When trying to overcome this issue, we ask ourselves, “When should juveniles receive life sentences?” or “Should young inmates be housed with adults?” or “Was the Supreme Court right to make it illegal to sentence a minor to death?”. There are multiple answers to these questions, and it’s necessary to either take a moral or logical approach to the problem.
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
The death penalty today: Death sentences and executions for juvenile crimes January 1, 1973-June 30, 2000. Available: http://www.law.onu.edu/ faculty/streib/juvdeath.htm Whitman, L. (2000, June 20). Bush should halt Texas execution: Human Rights Watch letter to the Texas board of pardons and paroles. Available: http://www.hrw.org/press/ 2000/06/board-ltr.htm
Although the death penalty alone cannot bring back the life of those who have been murdered, it can serve as ultimate justice for the victims and their families. The deterrence of the death penalty can save lives. While opinions abound on both sides of the fence, in the use of the death penalty on juveniles, no one can argue with the fact that the voices of those murdered cannot be heard. Juveniles may not have fully developed brains, as Raeburn argues, but this is not an adequate excuse to dismiss the death penalty. American society cannot afford to babysit murderers, nor can they rehabilitate them. The end of the innocence begins when an innocent life is taken, and the sanctity of life is held defenseless.
Butler, Frank (2010) ‘Extinguishing All Hope: Life-Without-Parole for Juveniles’, Journal of Offender Rehabilitation, 49: 4, 273-292
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
References Glick, B. (1998) No Time to Play: Youthful Offenders in Adult Correctional Systems. American Correctional Association Wilkerson, I (1996) “Death Sentence at Sixteen Rekindles Debate on Justice for Juveniles.” New York Times, November Butts, J.A. and Snyder, H. (1997) “The Youngest Delinquents: Offenders Under the Age of 15,” Juvenile Justice Bulletin (Washington, DC: U.S. Department of Justice) Lefevre, P.S., “Professor Grapples with Execution of Juveniles.” National Catholic Reporter Snyder, A. “Serious and Violent Juvenile Offenders” (1997) National Center for Juvenile Justice
Andre, Claire, and Manuel Velasquez. “Capital Punishment.” Our Duty or Our Doom. 12 May 2010. 30 May 2010 .
The Justice Department estimates that about 10 percent of all homicides are committed by juveniles under the age of 18. Nearly every year, the FBI arrests more than 33,000 young adults under the age of 18 for offenses (Khan). This clearly shows Juvenile offenders are not taking the justice system seriously. The justice system was created to provide individualized rehabilitation to young offenders that have committed minor crimes. However, juveniles are committing violent crimes because they believe their age will get them off easy. “In order to provide justice to victims and their families and to prevent more and more juveniles from committing violent crimes, the United states must hold criminals accountable; regardless of their age, and impose a tough punishment system. To that end, juveniles should sometimes be tried as an adult.”(Mary). This shows juveniles are manipulating the justice system, and in fact old enough to take responsibility for the crimes they commit. In today society. They are being tried every day in juvenile courts, they are receiving shortened sentences, and they are being released and given a clean slate and the opportunity to continue living their lives in peaceful and happy bliss, all while their victims and their families are left to suffer forever. Because the courts and juvenile rights advocates believe that second chances shou...
June/July 21-26. Eldelfonso, Edward. A. Law Enforcement and the Youth offenders: Juvenile Procedures. New York: Wiley, 1967. Hyde, Margaret O. & Co.
For instance, juveniles do not deserve life sentences because their brain isn’t fully developed yet and lack awareness of their actions. In the article “Startling Finds on Teenage Brains” by Paul Thompson, he explains the development of the brain and how in some situations the brain isn’t ready and it can affect the person. This effect in divergent ways; psychologically and emotionally. Thompson's article introduces the case of Nathaniel Brazill, at age 14, charged with second degree murder, trial as an adult and sentenced to life in prison without parole. After some serious research, it has shown that as many other juveniles who have committed a crime they are “far from adulthood”.
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.
In today’s generation there are many children and teens that commit crimes to satisfy their self being. Every day we see in the news about the reasons why children or teens commit crimes like murder or homicide. Sentencing juveniles to life in prison is not a right response to prevent homicide and serious murder, because their brains are not fully develop and the bad environment they live in. Teenagers or children need to be remain unformed of preventing crimes in today’s society. With this said, juvenile’s mental brains, backgrounds and growth are the reasons why they are not proficient to maintain themselves in a prison cell.