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Modern day juvenile justice system
Modern day juvenile justice system
Modern day juvenile justice system
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Research has been done into brain development. It has been proven that the human brain is not fully formed until the age of 25. With that being said, New York and North Carolina are the only states that process individuals as young as 16 in the adult criminal justice system. New York specifically continues to be the only state other than North Carolina that prosecutes all youth as adults when they turn 16 years of age. Yearly, over a thousand cases are decided of juvenile’s aged 16-17 who is trialed as adults. The majority of those cases are sentenced to adult facilities. It also happens that most are African American or Hispanic.
In March 2014, Marquis Dixon 17, from Albany New York arranged a meeting through Facebook to buy the sneakers. Marquis Dixon met with the other 17 year old at a McDonald’s parking lot. At around 9:30 p.m., he showed up to the parking lot with what looked like a handgun. Dixon then fled the parking with the sneakers. The other teen was unharmed. Soon after, Dixon was arrested and charged as an adult with first-degree robbery. In November a jury of adults found Dixon guilty of
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first-degree robbery. He was sentenced to nine years in jail. The maximum time for his crime was 25 years. Dixon has to receive five years of post-release supervision. While what Dixon did was ridiculous and malicious I do believe he should have been punished.
But, in no way does he deserve to get 9 years in prison for stealing a pair of $200 shoes. For his age and for this crime, juvenile detention and community service would have been a start. Now if this was not Dixon’s first time reprimanded then the punishment sounds reasonable to teach him a lesson. For example, Ethan Couch a teen who was driving while intoxicated, caused a crash, killing four people and injuring two. Couch only received rehab and probation. In Dixon’s case, he was sentenced to jail and no one was even harmed physically. Granted Dixon had no reason to be in possession of a gun, justice seems too un-reasonable. Considering our justice system lets people get away with murder, then it contradicts it self and punishes someone who committed a less severe
crime. I also believe it is important to note that there's no evidence that Dixon had a weapon. No gun was found, only the stolen sneakers. The weapon charge was based on the victim’s testimony. The victim said Dixon lifted up his shirt to show what looked like a gun. There was no video evidence or physical evidence to support that claim, only word of the victim. His mother stated to news reporters, “yes my son committed a crime, but not with a gun…why can’t I tell the judge he did not have a gun.” Dixon is charged based on word of mouth, which just doesn’t seem fair. Dixon is now currently serving his time in jail, while others are protesting in New York for justice. At his age I do believe Dixon is responsible, he diligently plotted and thought out the crime he committed. Dixon had numerous times to stop himself but he chose not to. He is very culpable for his actions made. That ties back into why researchers say the brain is not fully developed. Dixon’s profit outweighed his consequences. The consequences were miniscule in compares to the prize. Researchers say, “teen’s behaviors are often impulsive and lack the ability to focus on the consequences of their behavior.” After reading over this case, it is clearer that our juvenile system is flawed. We do not offer equal judgment. The juvenile system is not up to date with research given on adolescent brains and culpability.
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 tragic case of Larry and Brandon is a compelling story. It is a reality that stunned the city of Oxnard California when a 14-year-old boy named Brandon McInerney fatally shot a fellow classmate, Larry King, twice in the back of the head. The incident occurred in a computer lab where Brandon ran off after committing the crime. As a result of his actions Brandon McInerney was tried as an adult and was sentenced to 21 years in prison with no chance of parole. He will be released at the age of 39. Now the underlying question is was Brandon’s sentence a just resolution or should he have received more or less years in prison. The truth is that I believe Brandon’s verdict was a fair and just punishment, however I don’t believe that he should have been tried as an adult. There’s no question about it what Brandon did was horrible. He killed a kid in cold blood and ran off after doing it. He knows what he did and now he has to suffer the consequences. But Brandon was only 14 years old when this had taken place.
...tted non-violent crimes are being prosecuted as adults. One other element of the article that really stuck out to me is that New York is only one of two states to prosecute 16 years olds as adults (Editorial Board, 2014, p. 1). This served to form a new opinion on the topic in my mind, which is that the age should be 18 that you are tried as an adult, because this is also the age that the government views you as an adult.
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.
1 – Question #1: (Ch 5) Child abuse intersects with the juvenile justice system in many ways including but not limited to - sexual abuse, child neglect, family violence, and internet exploitation. One of the most important issues to address when related to the juvenile justice system is child neglect. Child neglect can be defined as a juvenile under the age of 18 whose parental figure(s) and/or person responsible for the child’s well being not providing essential support, education by law, medical or remedial care necessary for the child’s health – shelter, food/water, clothing, etc. Neglect also comes in three forms 1) physical – e.g. lack of necessary shelter, food or water, medical care 2) emotional – e.g. the lack of emotional support or
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 juvenile 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
sentenced to age-appropriate punishments that allow them to learn from their mistakes and rehabilitate, rather than being subjected to the ultimate punishment of death. The evidence presented by Horn (2009) and Stevenson (2014) clearly shows that juveniles are not fully developed and lack the necessary experience and judgment to be held to the same standards as adults. Therefore, it is imperative that the justice system recognizes the unique circumstances of juvenile offenders and provides them with appropriate rehabilitation and support rather than resorting to cruel and unethical punishments such as the death penalty. 2008). The evidence clearly shows that children in adult prisons are at a high risk of being sexually assaulted and mistreated.
Harassment, reckless endangerment, and burglary are all juvenile offenses. These juvenile offenses almost always stay on the juvenile’s criminal record, and the offenses displayed on a juvenile’s criminal record may cause employers, educators, and other authority figures to think less of the juvenile offender. As a viewer can see, this one mistake or lapse in judgment can ruin the juvenile offenders chance to further their success in life. For example, juvenile offenders may not obtain the dream job that they have always wanted, get into the college that they have always wanted to, or be eligible for a scholarship whether athletic or academic. However, there is a loophole in the juvenile justice system called teen courts. Teen courts give first-time offenders and some re-offenders a second chance because the offense (s) do not go on their criminal record, and their peers get to decide what sanctions the juvenile offender receives or performs. The big question that I am going to discuss throughout this essay is do juvenile offenders who appear before teen courts recidivate?
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, race and socioeconomic standing can determine the quality of treatment one receives while in the criminal justice system. Racial inequality and discrimination seems to be a permanent fixture within the criminal justice system, and the juvenile justice system is no exception when it comes to that form of injustice. As it is depicted in the PBS documentary, a teenage boy named Shawn from a white, upper-middle class family was first arrested after he stabbed his father multiple times while he was sleeping in a brutal murder attempt. Apart from the attempted murder charge, Shawn also racked up a charge of sexual assault against a fellow juvenile hall cellmate and also a drug charge when he got caught smoking pot while he was
Girls become delinquent for many different reasons then boys based on biological, social and cultural differences in each gender. From hormones and brain development, to the child’s upbringing by families, to the way girls are expected to act in public compared to boys; a different set of circumstances exists for the reasons why girls become delinquent compared to boys. Siegel, (2007, p.174) explains this by stating. “There are indications that gender differences in socialization and development do exist and that they may have an effect on juvenile offending patterns.”
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.
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. Juveniles are not mature enough or developed psychologically, and, therefore, do not consider the consequences of their actions. In the article, “Startling Finds on Teenage Brains” by Thompson, the writer argues that juveniles are not adults. Their brains develop at different stages and they learn skills that they need to learn at a certain time.
For instance, juveniles do not deserve life sentences because their brain isn’t fully developed yet and lack awareness of their actions. In the article “Startling Finds on Teenage Brains” by Paul Thompson, he explains the development of the brain and how in some situations the brain isn’t ready and it can affect the person. This effect in divergent ways; psychologically and emotionally. Thompson's article introduces the case of Nathaniel Brazill, at age 14, charged with second degree murder, trial as an adult and sentenced to life in prison without parole. After some serious research, it has shown that as many other juveniles who have committed a crime they are “far from adulthood”.
Due to the increased recognized differences between adults and juveniles in terms of needs and developmental capabilities, offender’s treatment differ depending on whether they are treated in an adult or juvenile court. In the adult court jurisdiction, public safety and retribution are the most salient tenets while in the juvenile courts the best the intentions are intended towards the best interest of the child focusing on rehabilitation. The best goals and objectives of the juvenile court sanctions aim at ensuring that the youth in trial at the juvenile court desists from delinquent behavior and thus easy to be reintegrated in the society once more. This fact is mainly achieved through offering the youth individualized case management programs