However, since this is governed by individual states, there is no consistency to which juveniles get transferred and for what crime which may explain why certain cities and areas are having more difficulty (Collier). If these young people are committing adult crimes using adult methods such as guns and other means of violence, they should expect to be tried as adults (Collier). It is only logical to say that the juvenile has engaged in adult behavior and has declared him or herself an adult in crime. The states and/or federal government should see that as a signal that the person should be treated as an adult in the eyes of the court. To this suggestion, many people would make the argument that teens are not in full control of their actions …show more content…
This unquestionably might be valid for a considerable lot of them and supporters of sending adolescents to grown-up court are not unsympathetic to this. In any case, the idea driving adolescent court as it was initially settled more than 100 years back was to consider the numerous elements that may make young people take part in violations Juvenile courts have for quite some time been thoughtful to issues of development and circumstance. Therefore, adolescent courts sought after an arrangement of restoration through directing and confinement homes in the expectations of giving these youngsters a supporter in the framework versus a …show more content…
Society today has different ways of getting away with crimes, especially gangs. Gangs are groups of criminals, in most cases now there are more youth in gangs that a lead by an adult or peer. The person who is over the gang puts words into the youth head, influencing them that “nothing is going to happen to them because they are young”; because of this more and more teens are willing to join regardless of what will happen because they are convinced that there is no way that they will get consequences for their actions. Teens have the opportunity to turn away from that lifestyle, since there are certain rules they must follow in order for them to become a part of it. While the majority of gang members are adults, as of 2008, two out every five gang members are under 18, as reported by law enforcement (youth.gov). Seeing other youths in prison for violent crimes should also act as a deterrent to other juveniles. If a friend or fellow gang member receives a hefty sentence, it should send a clear message to youths in the community. As teens grow up they tend to focus on trying to fit in with their peers. Since there are some youth that are weak-minded and will follow the crowd, if one of their friends goes to prison for a criminal act, it will help the youth
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
There are times where a juvenile may be eligible for transfer to adult criminal court. There are certain criteria that must be met for this to happen, and there is a strong belief that juveniles who commit serious offenses would be more appropriately dealt with by criminal (or adult) courts (Elrod & Ryder, 2011). Juveniles are capable of committing the same serious offenses that adults do. Therefore, with the requirements of a transfer being met, there are times that juveniles should be placed in the adult criminal court system and tried through here, rather than the juvenile court system. The juvenile court system may not have the same consequences or sentencing guidelines as the adult criminal court; therefore, the proper punishment may not be served if a juvenile is not transferred to the adult criminal court system.
Many people assume that teenagers should not be sentenced as adults, because their brain is not fully developed. On the other hand, people believe if teenagers commit crimes then they need to have consequences for their actions. According to the Campaign for Youth Justices, about 250,000 teenagers are tried, sentenced, or incarcerated as adults every year in the United States (Campaign for Youth Justices 3). Therefore, charging teenagers as adults is fair, because they are human beings just like adults.
Another positive thing about trying juveniles as adults is that those juveniles are taken from their neighborhood, and by doing this it opens the eyes of other teens who are around watching everything that happens. “We once arrested a teen right in the middle of his block. You should've seen everyone out of their houses watching the incident.” ( Chief Hernandez, 62) According to his words he seemed surprised on how of an impact it was to the rest of the community watching. Reports showed that gang violence decreased in that neighborhood that year. Teens look out of what i...
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.
Justice has always been the goal of our court system, but it is not always served, especially in cases involving juveniles. The judiciary process has evolved from a system that did not initially consider juveniles, to one where juveniles have their own court proceedings, facilities, and even rules or laws. The juvenile justice system has come a long way, and people have worked very hard in its creation. A juvenile is considered to be an individual, under the age of 18, resembling an adult. However, resembling an adult does not always mean that juveniles will have an adult mindset. Thus, juveniles may need extra attention to help get their lives on track. This paper will analyze various ways involving juveniles and correction facilities and programs.
The modern teen court concept began in the early 1970’s when a small number of local communities in America began to establish the first Global Youth Justice programs (Peterson, p. 2). In 1994 there were 78 youth court programs in existence. As of March, 2010, there are over 1,050 youth court programs in operation in 49 states and the District of Columbia. Teen courts serve as a “diversion” program used to divert first time offenders away from a lifetime of criminal activity. The primary function of most teen court programs is to determine a fair and restorative sentence or disposition for the youth respondent. Although the primary function of teen courts is to rehabilitate offenders, some may wonder if teen courts are actually beneficial to young offenders.
In juvenile court, the judge must decide if the teen gets tried as an adult or minor. If the juvenile gets sent to a juvenile detention center for murder they will live their lives there until they are twenty one, but if tried as an adult they will serve so many years in prison. There is a grey area of law for certain teens that commit serious crimes. In this case of the grey law, each state gets to decide upon the particular state how they person is tried. For most cases pertaining to the juvenile courts are case by case bases. Many believe that it isn’t fair for the teens to be locked up with adults. The U.S. House of Representatives made the Juvenile Justice Act encouraging states to find alternatives to having the teens go through such a process with people much older than themselves (Locked Up…).
"Don't do the crime, if you can't do the time." -- David Grusin and Morgan Ames
Guilty! As the gavel hits the sound block, everyone is amazed at the verdict. This teenage boy is sentenced to a life in prison without parole. As you read this in newspapers, magazines, and even online, what goes through your head? You may be thinking, “Why is this teen being tried as adult, he is just a kid?” While he is “just a kid”, and this is a widely held opinion, but it is not mine. Should minors who commit violent crimes be tried as adults? Absolutely. Just because minors are young they do have the ability to know what is right from wrong. Since these minors have committed the crime, they need to be held accountable. If a minor has acted as an adult, they need to be treated like adults. Lastly, minors need to know that their actions have consequences, no matter what age.
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 ...
crimes are committed. In 2008, seventy-three thousand of these violent crimes were committed by juveniles. When you hear about murderers, rapists, and other criminals, automatically, your mind set wants these criminals sentenced to prison for a very long time. There is no second guessing when it comes to these extreme criminals, they should be punished for the severe crimes committed. Now, lets say the criminal was a fifteen year old, suddenly people begin to question if giving them the same sentencing as an “adult” would be appropriate. Many will say it is wrong to try a juvenile as an adult for various reasons, but by committing these violent crimes they stopped being children and should be tried as adults. Regardless of the age, criminals are criminals and they should all be tried the same, age does not define adulthood. Juvenile crimes are no different from adult crimes, teens know the difference between wrong and right, ignorance and foolishness are two different things, if the criminal has the ability to plan out the crime then they will be prepared to do the time.
There has always been alarm and despair over escalating juvenile crime. In the 1950s there were reports about the mushrooming problems with youthful gangs in the big cities. In the 1960s we began to hear about a surge of juvenile crime in areas that had been regarded as virtually crime free. In the suburbs as well as the inner cities, youngsters were dropping out of school, using drugs and committing crimes. In the 1970s and 1980s, juvenile court dockets became increasingly jammed with criminal cases. According to the Department of Justice, the percentage increases in arrests from 1985 to 1994 have been greater for juveniles than for adults. During 1994 alone, 2.7 million juveniles were arrested. During the latter part of this century, juvenile courts that customarily provided social services in order to rehabilitate rather than punish lawbreakers were faced with an onslaught of children who were not simply wayward youths, but hardened repeat offenders. The 1980s witnessed an increasingly desperate outcry for courts to take more extreme measures to contain juvenile crime, which is assuming ever more serious forms.
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...
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.”