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History and development of the juvenile court and justice process
Issues in juvenile justice
American juvenile justice system
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“The solitary goal of these reports is to collect in one place the best available data and information on the death penalty for juvenile offenders. It is left to other document and to other organizations to argue about the pros and cons of the practice, with the hope that these data will inform those arguments and deliberations. Therefore, while a sketch of both pro and con rationales is provided, this report takes no position on legality, wisdom or morality od the death penalty for juveniles offenders”. ( Streib, Victor L.) In the year 1899, The U.S first Juvenile court opened up. Located in Chicago, the court was made to provide "Care, custody and discipline" to the troubled youth of the community. The courts philosophy declared that children …show more content…
However, Blackstone did not give a distinct rule on the punishment of defendants age 7 to 14. Blackstone wrote that if a jury agreed the child was within a certain age group to be charged with a felony, and it was determined that the child's crime was intentional and spiteful. The child could receive the harshest punishment allowed for that distinct felony. Putting this into practice children in America as young as 7 could possible be sentenced to death for committing murder. Children at the age of 17 or under were mostly have their trials take place in the juvenile court system, not adult court if they are to be charged with a crime. In the juvenile court system they are more likely to receive a less harsh sentence instead if they had be charged in adult court. They would begin to spend time in a specifically created detention system, where their caretakers would provide guidance, education, and shelter. In argument, children or younger aged teens who have been charged with a more extreme crime(murder or rape) for example could possibly be charged in adult court even though this practice is seldom exercised. A few Americans started to express shock that juvenile offenders where receiving very little punishment for the …show more content…
In addition almost 30 states established mandatory minimum sentences of life without parole in certain crimes committed by juveniles. In most cases, the crime that received life without parole sentences was homicide. However in some states, being convicted of a crime called a "felony murder" could possible result in a mandatory conviction of life without parole. The conviction of "felony murder" can be passed down if the defendant was a active participant in the crime when the murder occurred. The defendant does not have to be the one who committed the murder to be convicted of a felony murder and can consequently spend life in prison without the possiblity of parole. The juvenile justice system does its best effort towards treating and rehabilitaing children who have become involved with crime. The attempts can be categorized as community treatment, residential treatment, nonresidential community treatment, and institutionalization. In most cases community treatment involves placing the child on probation. If its believed that child is not harmful to others, he or she can be placed under the supervision of a officer of the juvenile court system and must abide by the specific rules that are made between the officer and the child. IN some case of community treatment it can take a form of restitution, meaning that the
Many people say that the systems first priority should be to protect the public from the juvenile criminals that are a danger to others. Once the juveniles enter the system there is however, arguments on what should be done with them. Especially for those deemed too dangerous to be released back to their parents. Some want them locked away for as long as possible without rehabilitation, thinking that it will halt their criminal actions. One way to do this they argue would be to send them into an adult court. This has been a large way to reform the juvenile system, by lowering the age limits. I believe in certain cases this is the best method for unforgiving juveniles convicted of murder, as in the case of Ronald Duncan, who got away with a much lesser sentence due to his age. However another juvenile, Geri Vance, was old enough to be sent into the adult court, which caused him t...
In the article On Punishment and Teen Killers by Jenkins, sadly brings to our attention that kids are sometimes responsible for unimaginable crimes, in 1990 in a suburban Chicago neighborhood a teenager murdered a women, her husband, and her unborn child, as she begged for the life of her unborn child he shot her and later reported to a close friend that it was a “thrill kill”, that he just simply wanted to see what it felt like to shoot someone. A major recent issue being debated is whether or not we have the right to sentence Juveniles who commit heinous crimes to life in adult penitentiaries without parole. I strongly believe and agree with the law that states adolescents who commit these heinous crimes should be tried as adults and sentenced as adults, however I don’t believe they should be sentenced to life without parole. I chose this position because I believe that these young adults in no way should be excused for their actions and need to face the severe consequences of their actions. Although on the other hand I believe change is possible and that prison could be rehabilitating and that parole should be offered.
Hale, Robert L. A Review of Juvenile Executions in America. Vol. 3. Wales: Edwin Mellen, 1997. Print.
In 1899, the juvenile justice court system began in the United States in the state of Illinois. The focus was intended to improve the welfare and rehabilitation of youth incarcerated in juvenile justice system. The court mainly was focused on the rehabilitation of the youths rather than punishing them being that they still have immature ways and still growing. Specialized detention centers, youth centers, and training schools were created to treat delinquent youth apart from adult offenders in adult facilities. “Of these, approximately 14,500 are housed in adult facilities. The largest proportion, approximately 9,100 youth, are housed in local jails, and some 5,400 youth are housed in adult prisons” (Austin, 2000).
Secondly we will take a short look at the two major court cases that dealt with this issue in the United States. Next this paper will present the factual statistics of the death penalty for juveniles and also take a look at our country's stance on the issue in the international arena. We will then spend a short time looking at some views on the juvenile death penalty, reasons for the death penalty itself, and the arguments for and against the death pe... ... middle of paper ... ...
Although the death penalty alone cannot bring back the life of those who have been murdered, it can serve as ultimate justice for the victims and their families. The deterrence of the death penalty can save lives. While opinions abound on both sides of the fence, in the use of the death penalty on juveniles, no one can argue with the fact that the voices of those murdered cannot be heard. Juveniles may not have fully developed brains, as Raeburn argues, but this is not an adequate excuse to dismiss the death penalty. American society cannot afford to babysit murderers, nor can they rehabilitate them. The end of the innocence begins when an innocent life is taken, and the sanctity of life is held defenseless.
This quote by Edward Humes sums it up the best, “The fundamental question Juvenile Court was designed to ask - What's the best way to deal with this individual kid? - is often lost in the process, replaced by a point system that opens the door, or locks it, depending on the qualities of the crime, not the child.” (No Matter How Loud I shout, 1996, p. 325). The courts need to focus on what is best for the child and finding punishment that fits the child not the crime.
This paper will examine the pros and cons of the death penalty. Is it a deterrent or is that a myth. Does it give the family of the victim peace or does it cause them to suffer waiting for appeal after appeal. What are the forms of execution and any evidence of them being cruel and usual punishment. Is the death penalty fair if there are glaring, disparities in sentencing depending on geographic location and the color of the offender and victim’s skin?
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juveniles as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability to understand their actions or be provided a second chance.
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…).
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...
The death penalty issue has always been one of the most important issues of the contemporary system of justice. Years ago, most the criminals were male over 20, but nowadays the situation has quite changed. Not only grown-ups but also by children who are under 18 years old nowadays commit murders and other terrible crimes. Ordinarily, a young criminal is not applied the same restrictions for his crime as a grown criminal is, nevertheless if it especially goes about capital crimes people start talking about the death penalty for such juveniles. A child always remains a child and if he commits a crime it is not because he has had a good life. It is not the guilt of the children, but their big misfortune. It is a misfortune of not having anybody
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.
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.
When I told my friend the topic for this essay she simply assumed I was against the juvenile death penalty. When I told her I supported the juvenile death penalty she was extremely shocked. She commented, “So you think a nine year old who accidently kills their mom should get the death penalty?” This seems to be many people’s idea of the juvenile death penalty, an overgeneralization and misunderstanding of the types of crimes and situations that would warrant the death penalty. This is not what the juvenile death penalty is. In reality the juvenile death penalty is reserved for the absolute worst juvenile offenders whose crimes are so terrible and gruesome that there is no other option to punish them. Unfortunately, most people think of the juvenile death penalty as “killing kids” as my professor did. In reality, this is a far too broad of a statement. It is like saying that everyone, everything they go outside will get struck by lightning. It is just simply not true. Only .05% of juvenile population are arrested for violent crimes (Juvenile Arrest Rate Trends). Of that .05% only .001% are murders which puts the chances of a juvenile being executed for this crime at .0000003%. This means that if all 7 billion people on this planet were juveniles who have been arrested for a violent crime, only 210 of them would actually be executed for their crimes.