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Mental health issues in juvenile offenders
Legal system of juveniles
Essay on mental health in prisons
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Recommended: Mental health issues in juvenile offenders
The questions for the courts to ponder evolve around the mental state of the juvenile, the potential for physical violence when placed in an adult prison environment, as well as the emotional impact of incarceration with an adult population. Steinberg L, Scott E, 2003).
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.
On one side of the issue, public protection is the focus of concern and leniency on juvenile offenders is not debatable. (Steinberg L, Scott
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While incarcerated, Hulin was raped and beaten by fellow inmates for over 2 months. His pleas for help ignored, Hulin ultimately committed suicide. (Wood, A. (2012).
Wood advocates that juveniles confined to adult prison are in danger and that they experience “significantly higher rates of physical assault, sexual abuse, and suicide, than their counterparts in juvenile facilities.” (para. 1). Wood’s case study presents facts that substantiate negligence regarding the safety and well-being of youths in prison.
The Hulin case also lends credibility to the argument against minors sentenced to serve time alongside the general inmate population of prison and further explains that these institutions are not equipped with properly trained staff to handle the needs of adolescent inmates, violating the Eighth amendment of the Constitution. (Wood, A.,
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(Ochs, S. L., 2012). In certain cases, there was the moral and ethical responsibility of the court to decide whether rehabilitative efforts should be mandated, allowing juvenile murderers the opportunity to be ultimately released back into society, or if sentencing these juvenile murderers to serve a life term in prison as punishment was the better alternative. (Ochs, S. L., 2012).
In the case of Miller vs. Alabama, Evan Miller came from an abusive, dysfunctional home and had attempted suicide 4 times beginning at age 6. At the age of 14, he and a friend went to a neighbor’s trailer to drink and smoke marijuana. Miller robbed the neighbor who was asleep, of $300. The neighbor woke up, grabbed Miller, and Miller beat him, and set the trailer on fire killing the neighbor. Miller was sentenced to life without parole. In his case, Miller argued that the life term was cruel and unusual punishment, and violated his rights according to the Eighth Amendment. (Ochs, S. L., 2012). The state held its ground proceeding with its
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
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system.
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...
In recent times, states increasingly pushed for juveniles to be processed as adults in the criminal justice system, which subjected them to overly harsh punishments. Prior to this ruling by the Supreme Court, although the numbers vary, there are approximately 2,500 individuals who were currently serving a sentence, in which they received as a juvenile, of life without the possibility of parole, in twenty nine states that imposed this penalty. The story of Erik Jensen and Nathan Ybanez was just the first of many in which have remained with me through out the
...ing beckoned in with the 21st century. While U.S.’s JLWOP laws are inconsistent with many human rights treatises and with international law, it is more important for our policies to be based on a thorough understanding of the issue- the most essential being a separation of the processes for juvenile and adult criminal offenders. With an emphasis on rehabilitation for juvenile offenders, and the goal of encouraging maturity and personal development after wayward actions, the futures of many teens in the criminal justice system can become much more hopeful.
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capitol crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes. Many people claim that the child did not know any better, or that he was brought up with the conception that this behavior is acceptable. Although there is some truth to these allegations, the reality of this social issue is far more complex. Therefore we ask the question, "Should childhood offenders of capitols crimes be treated as adults?"
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...
An ethical problem that exists in the field of criminal justice is the incarceration of juveniles. While juvenile incarceration has been decreasing over the past decade, it is still an ethical dilemma that many criminal justice professionals will come across. Juveniles’ brains are not fully developed, incarceration is used when not appropriate to fit the problem, and some populations are over-represented in the criminal justice system.
Some believe that, as it is the job of a court to protect society, therefore, sending a child to an adult prison is only right for offenders so that they are out the way of society. Minors who spend time in adult penitentiaries are presumed to have changed the way they act and no longer commit crimes once they have completed their prison sentence and are back in the free world. It is also thought to be unjust that a seventeen year old receives a more lenient sentence to an eighteen year old, even if the latter is only a few months older. Those who oppose this point believe that a crime is a crime, no matter the age of the offender. Also consider the fact that juveniles need to be imprisoned in order to make the necessary changes to their life, forcing them to realise their errors that lead to their punishment. These opinions that juveniles should be sent to an adult prison for heinous crimes appear just. Nonetheless, there are more level-headed reasons why teenage offenders should be held in a private
On any given night in America, 10,000 children are held in adult jails and prisons. Nationwide, it is becoming easier to try juveniles in adult criminal court. Between 1992 and 1997, 44 states and the District of Columbia passed laws making it easier to facilitate the transfer of juveniles to the adult system. Although the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) requires that youth in the juvenile justice system be removed from adult jails or be sight-and-sound separated from other adults, these protections do not apply to youth prosecuted in the adult criminal justice system. In the text “The Prisoner” the author Skip Hollandswroth uses an individual character and his prison situation to illustrate the use of pathological
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.
In the article “Juveniles Don’t Deserve Life Sentences”, by Garinger, she argues that juveniles should not be treated as adults if they commit horrible crimes. Garinger states that juveniles should not be sentenced to life in prison without parole. She states that the court is considering life in prison without parole for juveniles who commit capital crimes. Garinger says that juveniles are immature, and still developing, so they can not be held to the same standards as adults. The writer adds that as a juvenile court judge, she has seen how juveniles can change and may become rehabilitated.
One of the biggest problems, when a juvenile commits a crime, is the possibility of going to adult court. It can be very dangerous, especially if they are young. Many juveniles lack the maturity when faced with the problems that come up in an adult prison.
Controversy over the treatment of juveniles in the United States justice system has long been a controversy within this nation. The treatment of juveniles within the United States justice system is a multi-faceted issue. Some of the main issues which are currently controversial are the ages at which juveniles are being tried as adults, whether it should be allowed to sentence a juvenile to life without parole, whether a juvenile has a developed enough brain to understand all the things at hand, and how the federal and state governments interact with the juvenile justice system.