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Development of the American court system
Nature and extent of youth crime
Juvenile court system
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Recommended: Development of the American court system
Favoritism in the American Judicial System
OUTLINE
I. Introduction
II. Youthful Offenders
A. Mistaken Notion of Leniency
B. Proof of Increased Effort to Criminalize Youthful Offenders
1. Stronger Penalties
2. Prison Population
C. Preventative Affects
III. Drug & Violent Crimes
A. Mistaken Notion of Leniency
B. “Get Tuff” Attitudes
IV. Incarceration Issues
V. Conclusion
Table of Contents
Abstract……………………………………………………………………v
Statement Of Purpose……………………………………………………..1
Youthful Offenders…………………………………………………….….1
Drug & Violent Crime Cases……….………….………………………….4
Incarceration Issues………………………………………………………..6
Works Cited………………………………………………….…………….7
Favoritism in the American Judicial System
Statement of Purpose
As crime in America seems to be decreasing, reports from law enforcement experts state that: violent crimes are expected to increase (Butterfield 6). Many people feel that the American Judicial System treats the criminal as a victim, therefore, favoring the criminal. The American judicial system, however, has taken an attitude that “Perpetrators not only deserve blame but are worthy of it, in the fullest, most human sense of the word” (Reidinger 98). Despite the popular belief that the American Judicial System favors the criminal, in reality, this system imposes strict penalties in the majority of criminal defense cases in this country.
Youthful Offenders
Crime in the United States appears to be increasing and gives the general public
a mistaken notion of leniency toward youthful offenders. Underage students on college campuses, for instance, continue consuming alcohol at alarming rates; yet, some colleges merely fine students rather than demanding them to face their legal punishment. Most psychologists maintain the theory that a young child who commits a cold-blooded rape and murder cannot tell the difference between “fantasy and reality” leaving the public to feel this child has gotten away with murder (Adler n.pg.). According to a report from the Justice Department, all states may now charge juveniles as adults giving judges and prosecutors the power to file major youth felony cases in adult courts (Adler). These new changes in law have, in fact, led to stiffer penalties and increase prison sentencing.
The judicial system has also proven its effectiveness by the rise in ...
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...rectional Center for Women, Raleigh, NC.
Telephone interview. 5 Mar. 2000.
Johnson, Kevin. “Youth in Adult prisons double, Increase is reflection of states’ hard
line.” USA TODAY 28 Feb. 2000: 1A.
Lawrence, Jill. “Similar agendas, dissimilar approaches.” USA TODAY 28 Feb. 2000:
11A.
Leinward, Donna. “Michigan, Federal laws address children and guns.” USA TODAY
1 Mar. 2000: 3A.
Murphy, Caryle. “Underage Students Still Have Easy Access to Bars, and Experts Decry
a culture of alcohol.” Washington Post 12 Mar. 2000: C01.
Powell, General Colin. “Left To Myself.” Newsweek 27 Apr. 1998
http://www.newsweek.com/nw-srv/issue/17-98a/nw-980427_032_1.htm. 11 Mar. 2000.
Reidinger, Paul. “The making of a victim.” ABA Journal Apr. 1996: 98.
Department of Justice Miami, FL. Executive Summary Department of Justice,
5 Dec. 96 through 1 Jun. 97.
Sniffen, Michael. “Federal Drug Sentences Declining.” Washington Post 13 Mar. 2000:
C12.
Wall, Lucinda. Former Inmate, Raleigh Correctional Center for Women, Raleigh, NC.
Interview. 5 Mar. 2000.
Young, Rebecca. “Bad News In Massachusetts.” ABA Journal Nov. 1996: 42-47.
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
Uggen, Christopher, and Jeff Manza. "Why Should Felons Vote?" Democracys Ghost. N.p., n.d. Web. 27 Feb. 2014.
Wadley, Jared. "Panel: Ex-felons Should Be Allowed to Vote." January 9, 2012 | The University
Mauer, Marc. 1999. The Race to Incarcerate. New York: The New Press National Research Council. 1993.
If felons are allowed to vote, one must consider the effects it would have on the elections. Many people believe that felons make the wrong choices for a reason, that they are clearly lacking something law-abiding citizens have. Professor Christopher Manfredi ...
Should Felons Lose the Right to Vote? Retrieved from http://blogs.wsj.com/law/2010/03/22/should-felons-lose-the-right-to-vote/. Karlan, Pamela (2004). The 'Pale of the 'Pale of the 'Pale of the "Convictions and Doubts: Retribution, Representation, and the Debate" over Felon Disenfranchisement," Stanford Law Review, Vol. 78, No. 1, pp 56, No. 2 -. 5, Krajick, Kevin. The Species of the World.
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is entirely eliminating the use of the life without parole sentence for juveniles, regardless of the nature of the crime being charged.
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
Robinson, Lori S, and Jimmie Briggs “Kids and Violence” Emerge November. 1993:44+ Seifert, Kathryn. A.
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
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 ...
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
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.
When a young person commits a violent crime, resulting in a death of an innocent person, how many lives should be lost? This is the question at the center of the debate regarding juvenile justice. By examining both sides of the issue, one can more easily understand the complexity of the problem. After considering arguments for and against harsh treatment of juvenile offenders, it is clear that there are no winners when young people are involved in crime.
Some young people commit much bigger crimes such as breaking and entering into a house, grand theft auto, even murder, and rape. Children of all ages are capable of breaking the law, but it can be speculated that adolescents tend to break the law more. Unfortunately, teens engage in risky behavior in their and high school years. Also, these crimes have severe consequences that last a lifetime. While these teens are seen as children simply making mistakes, they are still rational, mostly reasonable human beings who knowing exactly what they are doing. So, therefore, their crimes should not make their parents responsible (Emily Green).