Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
A short summary on the 8th amendment
Essays about the 8th amendment
Essays about the 8th amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
We live in a nation that is based upon the notion of “the land of the free”, and “justice for all”, however, this is far from true. These basic principles that our nation was founded upon have proven themselves to be invalid over the course of history and even in today's society. In our nation, the fight for justice and equality is an ongoing battle, which is why we designed the criminal justice system: as a means to fight this inequality. This system was put forth in order to ensure the justice, order, and safety of our citizens. However, this system, that was designed to serve and protect us was re-established in the year of 1899 during the progressive era. This system became known as juvenile justice and soon altered the definition of justice. …show more content…
This system was created due to the belief that was held by many reformers that treating children as adults violates the 8th amendment to the United States Constitution of “cruel and unusual punishment”. However, this system was only created as a means to alter the view of these juveniles. Treating these juveniles as adults does not constitute cruel and unusual punishment, as we are only serving fair justice for the crimes they are committing. Cruel and unusual punishment is defined as “a particular punishment that is viewed as inhumane” (BLANK). Some examples of cruel and unusual punishment include torture, unreasonable sentencing, and shock therapy. Treating such juveniles as adults does not fall within this definition. If treating every criminal as equal is “cruel and unusual” then we should throw away the notion of “equality” that is invested in our society. How can one expect our society to treat others equality if the criminal justice system can't be the …show more content…
She argues that this system allows juveniles to be viewed differently from society thus giving them more leeway. The criminal justice system was designed to serve justice to the victims, not to appeal to the emotions of others. A criminal is a criminal and should not be viewed any differently based on race, sex, religion, nor age. However, society is being impacted by these factors and are not creating fairness as we are not able to put aside these
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.
Thus, the shifting perceptions of the justice system has transformed what it means to be a child and an adult due to their pervasive, and punitive approaches to crime and delinquency. Although adolescents today enjoy many new freedoms and greater time to experiment, those that don’t conform to “normative behaviors” and engage in socially constructed definitions of delinquency, often end up under the firm hands of the juvenile justice system. Despite the creation of this phase in an adolescent’s life, the injustices within the adult justice system have breached into the juvenile system, thus, blurring the lines of what it means to be an adolescent in modern times. Thereby, the adolescent stage is constantly being manipulated to conform and match the social construction of crime and delinquency, and the rise in the practice of trying juveniles as adults within the court system and mandating life sentences is evidence of this
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
juvenile justice” (Elrod & Ryder, 2011) is to detour juvenile crimes and not be so easy on
... proponents say 'cracks down on the worst of the worst among teen criminals.' It is unbelievable that our society will allow for such a law. It seems unfair that a fourteen year old child can make a mistake and pay for it the rest of his/her life. The reason our system has never tried youth as adults is because they are not mature enough to think like an adult and take responsibility for themselves. At such a young age there is still hope for an alteration in his/her lifestyle, locking the child up only diminishes the chance of change. Children act out for attention and in many cases do whatever it takes to get that attention; even if it means bringing a gun to school, or going into a store and stealing a pack of gum. Our society must realize there is a problem with today's youth and find where it stems from - only then is there any hope for change. Putting children into prisons is like pushing dirt under a rug; the dirt can only sit for so long until someone realizes there's a problem and looks to see what the problem is. Our society has been pushing dirt under the rug for so long now that it's only a matter of time until the dirt chafes a hole right through the worn out rug.
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.
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
Studies and anecdotes have shown that our modern approach, however, is ill-equipped to reduce crime or deal with chronic delinquents while at the same time protecting their due liberties. We now stand on the precipice of decision: How can we strike an appropriate balance in the juvenile justice system? Should we even retain a separate system for children at all? The answers are usually difficult, sometimes subtle, but always possible to attain.
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.
Though crime, in general, is on the decline there are specific crimes and group offenders that are actually increasing. Specific crimes such as hate crimes, those crimes motivated by hostility to the victim as a member of a group, based on color, creed, gender, or sexual orientation, and juvenile crimes have become escalating debates. Lionel Tate, a 12-year-old boy at the time of his actions, is a suitable case to investigate. Using his case, I will address the increase in juvenile delinquency, the contributions to the malice acts, the severity of the crimes being committed by youth, and possible, yet reasonable repercussions.
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.
The dilemma of juvenile incarceration is a problem that thankfully has been declining, but still continues to be an ethical issue. The de-incarceration trend has coincided with a decrease in crime. It is hopeful that our nation is changing the approach to the treatment of juveniles in the criminal justice system. It means we know what to do and what is working, now just to follow through and continue the change to creating a juvenile justice system that is truly rehabilitative and gives youth tools to be able to be positive members of
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.
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.