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History and development of juvenile justice system
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It is expected that at a young age, children are taught the difference between what is right and what is wrong in all types of situations. The majority of Supreme Court Justices abolished mandatory life in prison for juveniles that commit heinous crimes, argued this with the consideration of age immaturity, impetuosity, and also negative family and home environments. These violent crimes can be defined as murder, rape, armed robbery, aggravated assault and the like depending on state law. With these monstrous acts in mind the supreme court justices argument could be proven otherwise through capability and accountability, the underdevelopment of the teenage brain and the severity of the crime. Juveniles commit heinous crimes just like adults …show more content…
Although children are constantly being exposed to violence through movies, television, and video games which could influence the harm done, kids today are more sophisticated at a younger age; they understand the implications of violence and how to use violent weapons. In the article “Kids are Kids- Until They Commit Crimes”, Marjie Lundstrom explores the stories of two young boys, Lionel Tate and Thomas A. Preciado, who both commit violent crimes and try to play it off. Tate unsuccessfully tried to put pro wrestling on trial for “savagely beating a six-year-old girl..” and Preciado claimed he was mimicking a TV show of robbing a bank and was tried as an adult for stabbing the mini mart clerk to death. The real question is how do we know if these indications are true, if these children really were imitating or if those are all just excuses. It is absurd to argue that a modern child, who sees the effect of violence around him in the news every day, does not understand what it means to kill. The fact that child killers know how to load and shoot a gun is an indicator that they understand exactly what they are doing and should not be able to make excuses as such. With this it is proven that a child's surroundings do not fully influence their wrongful doings and the Supreme Court Justices shall retain their …show more content…
Although this may seem like a huge indication on why teens do act upon impulse, it can not be blamed on the underdeveloped brain argument which is greatly proved in the article “On Punished and Teen Killers” by Jennifer Jenkins. Jenkins argues, “If brain development were the reason, then teens would kill at roughly the same rates all over the world”. With this brain loss it would be expected that all existing teens would receive the same rush and desire to murder, rape, commit aggravated assault or any other crime, but this is not true. The incident which Nathaniel Brazill committed is another example, he “shot to death an English teacher who would not let him say goodbye to two girls… he said he made a ‘stupid mistake’ but prosecutors argued that by bringing a gun to school he planned the crime”. This act cannot be labeled simply a “stupid mistake” because it was proven to be premeditated and not only did he bring the gun to school, but the fact that he was angry shows he did it on purpose and had the clear intention to kill. While research on brain tissue loss can help us to understand teens better, it cannot be used to excuse their violent or homicidal
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
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.
On the contrary Jenkins argues that if that was the case, then teens would kill at roughly the same rates all around the world. On my behalf I concur with Jenkins because everyone is responsible for their own actions and behavior. Consciousness, is what awares our minds whether we decide if we want to do something or not and what is right and wrong. If brain underdevelopment is supposedly one of the reasons, then why aren 't my siblings and I kill people like the other juveniles who are. Professor Stephen Morse reasons that “the actual science does not in any way negate criminal culpability”. We cannot incriminate science or anything because every individual will be different in many aspects because every kid matures and grows at different ages and stages. For example, from my own experiences I have seen a twelve year old child be more mature and formal than a thirty year old adult. In some cases, some children mature when they go through puberty, others till later or maybe even at a very young age.. The “underdevelopment brain” argument should not be an issue to interfere with why a juvenile should not be trial to life in prison. Although a teenager will suggest and demand that their emotions ran high, which was why they killed somebody and their
The sentencing of underage criminals has remained a logistical and moral issue in the world for a very long time. The issue is brought to our perspective in the documentary Making a Murderer and the audio podcast Serial. When trying to overcome this issue, we ask ourselves, “When should juveniles receive life sentences?” or “Should young inmates be housed with adults?” or “Was the Supreme Court right to make it illegal to sentence a minor to death?”. There are multiple answers to these questions, and it’s necessary to either take a moral or logical approach to the problem.
In recent years our society has experienced many tragedies in which teens have committed heinous crimes for no apparent reason. What inspired these attacks by teens on innocent victims? We live in a violent world and young people are exposed to this violence whether it's by television, music or the Internet. Video games have come under increased scrutiny as to whether or not the simulated violence in video games numbs children and teens to the consequences of real-life violence.
Heinous crimes are considered brutal and common among adults who commit these crimes, but among children with a young age, it is something that is now being counted for an adult trial and punishable with life sentencing. Although some people agree with this decision being made by judges, It is my foremost belief that juveniles don’t deserve to be given life sentencing without being given a chance at rehabilitation. If this goes on there’s no point in even having a juvenile system if children are not being rehabilitated and just being sent off to prison for the rest of their lives and having no chance getting an education or future. Gail Garinger’s article “ juveniles Don’t deserve Life sentence”, written March 14, 2012 and published by New york Times, mentions that “ Nationwide, 79 adolescents have been sentenced to die in prison-a sentence not imposed on children anywhere else in the world. These children were told that they could never change and that no one cared what became of them. They were denied access to education and rehabilitation programs and left without help or hope”. I myself know what it’s like to be in a situation like that, and i also know that people are capable of changing even children when they are young and still growing.
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.
There are many issues with crime and violence in the United States, but very few are more controversial than the issue of juveniles in crime. How are juveniles getting involved in crime? What is causing America’s youth to do things that their parents should’ve instilled as morally wrong? What are ways to control and possibly eliminate these issues that affect the way we live? For the past century, criminologists have been studying juvenile related crime and a few theories have come up. These theories have, in the mid to late 20th century, been shaped into models. There are three main models dealing with juvenile crime and violence that will be gone over in pages to follow of this paper: Noninterventionist Model, Rehabilitation Model, and Crime Control Model. In this paper, the reader will see what each model discusses, and how they apply to today’s youth. At the end each model’s description, the reader will learn what I personally think about how the specific model would work. Being a recently turned 20 year-old, I feel I can give an accurate view of how, or if, the crime model would work. Living in both extremely rural(Mokane Missouri), and very urban(St Louis) has taught me a great deal about what really goes on in a juvenile’s head, and what sorts of actions would truly help to decrease crime rates among juveniles. I will give examples from the readings of chapter 13 of Making Sense of Criminal Justice: Policies and Practices, and I’ll conclude with my opinion of which model I believe works best to cope with juvenile crime.
Lionel Tate, now 14, was charged with first-degree murder and sentenced to life in prison without parole on March 9, 2001. This harsh conviction was founded on the basis of the beating and death of 6-year-old Tiffany Eunick. Tate defense lied in the hands of his television heroes, professional wrestlers, whom he claimed he was simply imitating. This argument was not enough to convince the jurors that his actions were an accident. If a defense team was not able to convince a select group of individual that violence on television is becoming more of an issue with youth violence, then how is a nation of parents going to be convinced that television, video games and other public violence is affecting their children. Is every parent going to have to experience what Lionel Tate or Tiffany Eunick's parents experienced to see the effects of a violent society in which children are being raised?
a mistaken notion of leniency toward youthful offenders. Underage students on college campuses, for instance, continue consuming alcohol at alarming rates; yet, some colleges merely fine students rather than demanding them to face their legal punishment. Most psychologists maintain the theory that a young child who commits a cold-blooded rape and murder cannot tell the difference between “fantasy and reality” leaving the public to feel this child has gotten away with murder (Adler n.pg.). According to a report from the Justice Department, all states may now charge juveniles as adults giving judges and prosecutors the power to file major youth felony cases in adult courts (Adler). These new changes in law have, in fact, led to stiffer penalties and increase prison sentencing.
video games often warp their sense of reality. The kids think that if they shoot a person in a game and nothing really happens then nothing will really happen if they shoot a person in real life. When video games first became popular, people may not have seen this as much of a problem because games were not very realistic. With the advancement of technology, however, video games are becoming more and more realistic. If video games become more realistic, children will forget what is real and what is simulated; a child seeing somebody violently murder another human being in a video game will have the same effects as seeing somebody murder another human being in real life. Witnessing these brutal acts of violence either will traumatize or desensitize them to violence. However, this is contradictory to the “Play is labile” theory (Schroeder 4), which will be discussed, in further detail.
Although violent video games are thought to encourage real world violence, they actually help to prevent it. I am focusing on violent video games and how they affect juveniles because I feel that this issue needs to be looked at in the criminal justice community. It is an unnecessary distraction to blame the actions of a disturbed youth on a form of entertainment that has been used by millions of people without incident. A review article published in The Psychiatric Quarterly found that many studies which claim to indicate an increase in aggression due to video games are, in fact, biased! Once the bias is taken into account, the studies no longer find any correlation between youths who play violent video games and youths who demonstate aggression and violent behavior. (Ferguson, 2014)
In the twenty first century there have been many cases of kids committing murder, whether it is the relationships they hold at home or the video games they play, the environment a child is exposed to will affect their developmental process. Children are supposed to be innocent and pure without the desire to kill, yet in the last 50 years official statistics on Listverse.com suggest that over 1,100 kids have been found guilty of murder in England alone. The average age of a child that kills is just about fourteen years old. These kids are usually brought up in an environment that does not teach them right from wrong.
"Monkey see, Monkey do." Everyone has heard this phrase sometime in his or her life. This phrase is simple, yet very applicable to today's debate. When a child sees someone or something doing something. They will of course follow suit and imitate the action being performed. Children do not know any better. Therefore they are innocent and deserve to be respected. It is for these following reasons that we argue for the censorship of harmful materials that could influence a child or children into violent acts, expressions, and other dangerous actions. Through television, video games, and movies, children and teens view countless acts of violence, brutality, and terror as part of entertainment. They become conditioned to associating violence with entertainment. First-person shooter video games develop our children's skills in operating weapons. The games reward marksmanship, and further reinforce the association of killing with entertainment. In the past, the heroes of movie and television shows were usually people who strictly followed the law. Now, heroes are often people who take the law into their own hands, who see an injustice or evil and seek to rectify it personally, sometimes brutally, regardless of the consequences. Such portrayals signal, to a child, society's approval of that behavior.
In today’s generation there are many children and teens that commit crimes to satisfy their self being. Every day we see in the news about the reasons why children or teens commit crimes like murder or homicide. Sentencing juveniles to life in prison is not a right response to prevent homicide and serious murder, because their brains are not fully develop and the bad environment they live in. Teenagers or children need to be remain unformed of preventing crimes in today’s society. With this said, juvenile’s mental brains, backgrounds and growth are the reasons why they are not proficient to maintain themselves in a prison cell.