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Juvenile justice system chapter 2
The problem with the juvenile justice system
Juvenile justice system chapter 2
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Should Juveniles be tried as Adults? In our State of California you legally become an adult at the age of 18, which means you are in control of your life and directly responsible for your actions. A youth 14 years and older can be tried as an adult for crimes that include murder, robbery with a weapon, and rape. Most juveniles that are tried as adults are done so without in-depth consideration of whether they truly understood the magnitude of their actions. There are a few key components that should factor into an in-depth behavior analysis before trying any youth as an adult. These factors are competency, brain development and contributing factors to delinquency. If the criminal behavior can be addressed and changed to begin with, juveniles …show more content…
Broken families, lack of education, substance abuse, socioeconomic status, peer pressure including gang activity and trauma can cause or influence criminal activity. Adolescents need a family unit. They need to be nurtured and protected by a parent or parent figure to develop morals and standards. This is where a youth learns and understands right from wrong, compassion and tolerance. Without these lessons youth become susceptible to criminal behavior because simply put they never learned it was not okay. Without a positive parent figure youth might not understand the importance of education and fall into the truancy. Truancy causes low grades and limits their positive social interaction. Even as youth grow older their education level stays the same, causing low self-esteem. Truancy, low self-esteem and substance abuse goes hand in hand. The drugs that are assessable to today’s youth are cheap and extremely easy to get. Drug use/ substance abuse mixed with low self-esteem, and, lack of parental guidance is a huge factor in life long criminal behavior and can be attributed to youth that have experienced some type of trauma in their
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
Reaves, Jessica. ¨Should the Law Treat Kids and Adults Differently?¨ Time.com, Time Inc, 17 May 2001 content.time.com/time/nation/article/0,8599,110232,00.html.
The article titled “ Juvenile Justice from Both Sides of the Bench”, published by PBS, and written by Janet Tobias and Michael Martin informs readers on numerous judges’ opinions on the juveniles being tried as adults. Judge Thomas Edwards believed that juveniles should not be tried as adults because they are still not mature enough to see the consequences of their actions and have a chance to minimize this behavior through rehabilitation programs. Judge LaDoris Cordell argues that although we shouldn’t give up on juveniles and instead help them be a part of society, however, she believes that some sophisticated teens that create horrible crimes should be tried as adults. Bridgett Jones claims that teens think differently than adults and still
With the current crime rates on the rise, the justice system is trying to reduce adult criminals by strictly prosecuting juvenile offenders as adults. Many people believe that in doing so will scare the criminals back on the straight path and help to lower the crime rate. Trying a juvenile as an adult will have no effect on reducing crimes, corrective behaviors, or a juvenile’s comprehension ability.
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...
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.
Many people assume that teenagers should not be sentenced as adults, because their brain is not fully developed. On the other hand, people believe if teenagers commit crimes then they need to have consequences for their actions. According to the Campaign for Youth Justices, about 250,000 teenagers are tried, sentenced, or incarcerated as adults every year in the United States (Campaign for Youth Justices 3). Therefore, charging teenagers as adults is fair, because they are human beings just like adults.
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
Is it fair to give juveniles life sentences? On June 25 2012, the Supreme Court ruled that juveniles who committed murder could not be sentenced to life in prison because it violates the Eighth Amendment’s ban on cruel and unusual punishment. Justice Elena Kagan, writing for the majority, stated that “Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features- among them, immaturity, impetuosity, and failure to appreciate the risks and consequences. It prevents taking into account the family and home environment that surrounds him and from which he cannot usually extricate himself no matter how brutal or dysfunctional.” Juveniles should not be sentenced to life in prison or adult jail until legal age. Due to the facts that many are still young and aren’t over eighteen.
Juveniles deserve to be tried the same as adults when they commit certain crimes. The justice systems of America are becoming completely unjust and easy to break through. Juvenile courts haven’t always been known to the everyday person.
"Don't do the crime, if you can't do the time." -- David Grusin and Morgan Ames
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.
That’s why we don’t permit 15-year-olds to drink, drive, vote or join the military” (qtd. in Billitteri). There is adolescent-development research according to Hambrick, J. and Ellem, J that has shown “children do not possess the same capacity as adults to think thru the consequences of their behaviors, control their responses or avoid peer pressure” (qtd. in Lyons). There are some very good points made in the argument against sentencing youth as adults but I still have a hard time agreeing with peer pressure or impulse control as a reason to be held in a juvenile center for less than a few years for murder. Ryan, L. uses the example of a report released by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention on “Juvenile Transfer Laws : An Effective Deterrent to Delinquency?” This report found that prosecuting youths as adults has little or no effect on juvenile crime.” She uses this information and backs it up with the report showing “youths prosecuted as adults are more likely to re-offend than youths handled in the juvenile justice system” (qtd. in Katel). This is definitely a new perspective, but I still stand with my first take on the subject. “We know young people can commit serious crimes, and the consequences are no less tragic” (qtd in
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.
Should teens be tried as an adult? The amount of violence in our society today show us the message “crime does not pay”. If a young teen commits a crime whether it's murder or rape, they should be tried as an adult. It all ties down on what crime they commit. Trying them as adults would convince actual teenage offenders that if they commit adult crimes, they will serve adult times.