Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Juvenile delinquency and criminal justice system
Juvenile delinquency challenges
Youth crime introduction
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Juvenile delinquency and criminal justice system
According to most legislation, a person under the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty five. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights that are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
Mental capacity is defined by Merriam-Webster as “sufficient understanding and memory to comprehend in a general way the situation in which one finds oneself and the nature, purpose, and consequence of any act or transaction into which one proposes to enter” or “the degree of understanding and memory the law requires to uphold the validity of or to charge one with responsibility for a particular act or transaction.” In other words, a person of the adequate mental capacity to be charged and tried as an adult must be fully developed and mature mentally, which, according to latest research, does not occur until around the age of twenty five. Up until this time, the part of the brain associated with making decisions, the prefrontal cortex, is not matured completely. “Even in a precocious era, the most mature 11-year olds a...
... middle of paper ...
...r the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty one. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
Reaves, Jessica. ¨Should the Law Treat Kids and Adults Differently?¨ Time.com, Time Inc, 17 May 2001 content.time.com/time/nation/article/0,8599,110232,00.html.
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
However, the human brain fully matures around the mid-20s and early 30s. With the brain developing at a later age, many people have difficulty with impulsive behavior and are more prone to peer pressure. Laurence Steinberg stated that “Adult punishment is partial for a child that lacks comprehension of their acts”. He suggested a separation of the age group of under 12 and ages 12 to 16. In spite of the offense, children under 12 ought to be tried as minors. “Children between the ages of 12 and 16 should be viewed on a case by case basis depending on the competence of the
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.
Thousands of kid criminals in the United States have been tried as adults and sent to prison (Equal Justice Initiative). The debate whether these kids should be tried as adults is a huge controversy. The decision to try them or to not try them as an adult can change their whole life. “Fourteen states have no minimum age for trying children as adults” (Equal Justice Initiative). Some people feel that children are too immature to fully understand the severity of their actions. People who are for kids to be tried as adults feel that if they are old enough to commit the crime, then they are old enough to understand what they are doing. There are people who feel that children should only be tried as adults depending on the crime.
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.
Although a juvenile has committed an adult crime which is punishable according to state or federal law, and must accept their role in the crime, it is not advantageous that they be sentenced to adult prison. This considers among other factors, safety in relation to mental, physical and emotional differences between a child and adult.
Is it fair to give juveniles life sentences? On June 25 2012, the Supreme Court ruled that juveniles who committed murder could not be sentenced to life in prison because it violates the Eighth Amendment’s ban on cruel and unusual punishment. Justice Elena Kagan, writing for the majority, stated that “Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features- among them, immaturity, impetuosity, and failure to appreciate the risks and consequences. It prevents taking into account the family and home environment that surrounds him and from which he cannot usually extricate himself no matter how brutal or dysfunctional.” Juveniles should not be sentenced to life in prison or adult jail until legal age. Due to the facts that many are still young and aren’t over eighteen.
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.
"Don't do the crime, if you can't do the time." -- David Grusin and Morgan Ames
Today?s court system is left with many difficult decisions. One of the most controversial being whether to try juveniles as adults or not. With the number of children in adult prisons and jails rising rapidly, questions are being asked as to why children have been committing such heinous crimes and how will they be stopped. The fact of the matter is that it is not always the children's fault for their poor choices and actions; they are merely a victim of their environment or their parents. Another question asked is how young is too young. Children who are too young to see an R rated film unaccompanied are being sent to adult prisons. The only boundaries that seem to matter when it comes to being an adult are laws that restrain kids from things such as alcohol, pornography, and other materials seen as unethical. Children that are sent to adult prison are going to be subjected to even more unprincipled ideas and scenes. When children can be sent to jail for something as minor as a smash and grab burglary, the judicial system has errors. The laws that send juveniles to adult prisons are inhumane, immoral, and unjust. Kids are often incompetent, which leads to unfair trials. Adult prisons are also very dangerous for minors, and in many cases this leads to more juvenile crimes.
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.
Should teens be tried as an adult? The amount of violence in our society today show us the message “crime does not pay”. If a young teen commits a crime whether it's murder or rape, they should be tried as an adult. It all ties down on what crime they commit. Trying them as adults would convince actual teenage offenders that if they commit adult crimes, they will serve adult times.
Juvenile offenders should not be tried as adults because there are differences between a teenager and adult. A teenager is not mature as an adult. Some teenagers are capable to change their behavior and are capable to recognize their own mistakes. It is a huge mistake for juveniles offenders to be tried as adults and send them to adult court and prison . There are many factors why they should not be tried as adult.
Children are raised under different circumstances around the world. When you think of a traditional family, most would think of a mother and father taking care of one or two children in a safe neighborhood where everyone is happy. But, for most young people, that is not the case. Not everyone has the same experiences and go through the same challenges in life that causes them to turn out how they present themselves. Teenagers choose to make bad decisions based on outside factors in which they cannot control; therefore, minors should not be tried as adults in a court of law because they are still in their developing stages.