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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.
American Psychological Association experts state that on average when compared to adults, 16 and 17 year-old juveniles are more: emotionally volatile, aggressive, impulsive, reactive to stress, vulnerable to peer pressure, likely to take menacing risks, prone to dramatize short-term advantages, under mind the long term consequences of their actions, and are likely to omit alternative courses of action. This may have something to with the fact that the adolescent brain is under developed. For example, according to experts at the Massachusetts General Hospital Center for Law and Brain Behavior “Modern neuroscience is demonstrating that the teen behavior we all observe has a brain signature that can be scanned...” and “ Their frontal lobes, the regions that synthesize and organize information, that consider the consequences of actions, and serve to inhibit impulsive behavior are not fully developed, nor will they be until the early to mid 20s.” (Edersheim, Beresin, Schlozman 2013) The front of the brain contains important nerve circuitry that functions by ...
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...NG BLOCKS for Institutional Safety A Bibliography of Resources Available from the National Institute of Corrections Information Center Preventing Inmate Sexual Assault." colorado.gov. Ed. Barbara Krauth. Colorado Department of Public Safty, Oct. 2007. Web. 14 Apr. 2014.
Wolf, Isaac. "Youths in Adult jail face higher risk, longer wait for trial." ABC News 2. ABCNews2, 29 Jan. 2014. Web. 23 Apr. 2014. .
Arya Neelum , Ryan Liz , Sandoval Jessica, Kudma Julie . “Jailing Juveniles: The Dangers of Incarcerating Youth in Adult Jails in America: A Campaign for Youth Justice Report” The Campaign for Youth Justice Nov.2007 ebscohost. Web. 15 Apr. 2014.
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
The quagmire of placing juveniles in adult facilities is the risk factors juveniles may experience while incarcerated. Being that juveniles are young and smaller to the adult offenders, they may be seen as a prey or easy target for rape, assault, mental issues which eventually leads to suicide. We must keep in mind that juveniles are youth meaning they are still a child, not an adult and should not be exposed to adult incarceration environment. Although it is cost saving to place juveniles and adults under one facility, it is unethical because they are not built and yet mentally ready and prepared to experience adult facilities. Alternative strategies are available to assist juvenile detainees such as healthcare, education, recreation, and work experience. The Juvenile Court Act of 1899 gave leniency to youth under the age of 16. Placing youth detainees with adult offenders will result in the reduction of rehabilitation services for youth, while increasing the rate of being a victim as a potential prey o...
Similarly, going along with the prior rebuttal of the importance of differentiating juvenile’s characteristics and actions of that of an adult, science is compiling more evidence of its vitality. Many adults can look back and reminisce about an action he or she did when younger and say, “Wow I cannot believe I did that.” Science has proven the reason behind that is because an adolescent’s brain has not yet fully matured. Tsui states “Studies conclusively established that the brain of an adolescent is not fully developed, particularly in the area of the prefrontal cortex, which is critical to higher order cognitive functioning and impulse control” (645). The facts of scientific research need to be taken into consideration when distinguishing
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
Freehan, Jennifer. More Youths Certified to Stand Trial as Adults. 13 May. 2013. Web. 9 Jan. 2014
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.
As Paul Thompson states in his article Startling Finds on Teenage Brains from the Sacramento Bee, published on May 25, 2001, “.These frontal lobes,which inhibit our violent passions, rash action and regulate our emotions, are vastly immature throughout the teenage years.” He also says that “The loss[of brain tissue] was like a wildfire, and you see it in every teenager.”. This loss of brain tissue plays a role in the erratic behavior of teens, who cannot properly assess their emotions and thoughts. During this period of brain tissue loss, teens are unpredictable, adults do not know what their teen’s next move will be, teens themselves do not even know what their next move will be. As we grow our brains develop, therefore teen brains are not fully developed, so they cannot be held to the same standards as adults.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
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...
It has been found that juvenile brains are not yet fully developed. The parts of the brain specifically still changing during the teen years include the brain circuitry involved in emotional responses and impulsive responses. Teen emotional reactions are intense and urgent (National Institute
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.
for youngsters who have a long history of convictions for less serious felonies for which the juvenile court disposition has not been effective” (qtd. in Katel).
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.
Children are being sentenced to life in prison after The Supreme court has ruled that children should be treated differently than adults. The American Society has noticed that crime rates have risen throughout the years by minors. These crime rates have risen at the same time frame as the rates of child abusing and single parenting. Many people consider this to be an explanation of why the juvenile crime rates rose. The Juvenile Justice System is a network that includes any agency that analyze juveniles. These agencies include police, detention, court, probation and the Department of Juvenile Corrects. Yet, these agencies still allow young offenders to be moved to mandatory Adult Court if they commit a murder. Juveniles should not be sentenced to adult prison because The Eighth Amendment claims to protect juveniles from cruel and unusual punishment, and teenage brains are not yet developed enough to be sensed into Adulthood. However, more juveniles are being sentenced to adult prison because laws are overwriting The Constitution.
Juvenile delinquency is one of the major social issues in the United States today. Juvenile delinquency, also known as juvenile offending, is when “a violation of the law committed by a juvenile and not punishable by death or life imprisonment” (Merriam-webster.com). Although we have one justice system in America, the juvenile system differs from the adult juvenile system. Most juvenile delinquents range from as low as the age of seven to the age of seventeen. Once the delinquent or anyone turns the age of eighteen, they are considered an adult. Therefore, they are tried as an adult, in the justice system. There are many different reasons why a child would commit crime, such as mental and physical factors, home conditions, neighborhood environment and school conditions. In addition, there are a variety of effects that juvenile justice systems can either bad effects or good effects. Finally there are many different solutions that can reduce juvenile delinquency. As a result, juvenile delinquency is a major issue and the likeliness of it can be reduced. In order to reduce juvenile delinquency there has to be an understanding of the causes and the effects.