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Essays on pro death penalty
Consequences of Juvenile Punishments
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Historically, there has existed a separate justice system for handling cases involving minor offenders different from adults. State law governs Juvenile justice, and it applies to persons not old enough to be held responsible of criminal offenses. It aims at rehabilitating rather than punishing juvenile offenders. State statutes created juvenile systems to provide ways of protecting, caring and support of children guided by the principle of parens patrie. If a juvenile court relinquishes its jurisdiction, juveniles can be transferred and tried in adult courts. Historically under English common law, juvenile offenders faced similar treatment as adults. Lately, juvenile justice system has evolved to include stiffer penalties, sanctions and strict standards to ensure …show more content…
Minors are vulnerable and have a high probability of experiencing severe unconstructive impact compared with an adult prisoner. Prison can corrode minors so they should not be imprisoned with adults. Risks of physical violence and sexual abuse exist in adult correctional facilities, so minors require facilities needed to get them back on track. Putting juveniles in an adult prisons expose them to mistreatment and takes away their creative years. This form of treatment affects their psychological calm and may affect their lives. Death penalty especially in juvenile offense is cruel and should be eradicated. Juveniles involved in serious cases of murder get transferred to adult courts and some face death sentences. The death penalty is a malicious form of punishment, and there are efforts to eliminate it. Death penalty may even lead to execution of children for crimes they did not commit. Killing children should not be advocated, and it does not act as a preventive measure. Juveniles who are in developmental stages of growth should not be compared to adults as they have not progressed in life and have not
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
For many years, states have believed that the juvenile justice system came about to protect the public by providing a system that helps children who are maturing into adulthood. States understand that children who commit crimes are different from adults. They believe that children are less blameworthy, and have a greater capacity for change. To make up for these differences, states have created a separate court system for juveniles, and they have created a separate, youth based system that is different than that provided to adults.
According to criminal.findlaw.com the definition of the juvenile justice system is the area of criminal law applicable to people not old enough to be held responsible for criminal acts. Juveniles are people 17 and under. Juveniles should be convicted as adults for violent crimes like assault or murder etcetera because if they can commit an adult crime they should get an adult punishment. Also if juveniles don’t get punished for their crimes then they’ll keep doing it because they got off unpunished the first time.
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.
A movement has started in our country to renovate the juvenile justice system. This movement wants to erase any differences between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults...
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.
...ing with young minds and punishing them in juvenile courts may be of advantage to the young people and at the same time reduce propagating them into developing a violent future in criminal activities. Correctional facilities that address and cater for the juveniles are the way forward to streamlining the youths (Kristin, page4).
Juvenile Justice Juvenile justice is the decision whether or not to charge a juvenile as an adult. When a juvenile is charged as an adult, they are sentenced to long prison terms and sometimes life. In 2012 two groups of judges came together, one group believes that Juveniles should be allowed to be sentenced to life in prison and the other group believes that Juveniles should not be allowed to be sentenced to life in prison. I agree with the group of judges that believe that juveniles should not be sentenced to life in prison. Age is a factor in why juveniles should not be sentenced to life in prison.
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.
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 Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capital crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes.
There is a great deal of controversy over the trying and sentencing of juvenile offenders today. Many will argue that because the severity of Juvenile crimes has risen, the severity of its consequences should rise; however, no matter how serious the crime is, juvenile offenders tried as adults receive far worse than they deserve. The majority of Juveniles tried as adults are hardly given any form of human rights. Adult jails are not the environment children should have to experience, especially those sentenced for misdemeanors and nonviolent crimes. There are other solutions to reducing juvenile crime. It does not take adult court to straighten out kids on the wrong path. Most children are not even able to recognize that what they had done is wrong. There may be no perfect solution to reducing juvenile crime, but there are ways far more effective than adult trying and sentencing.
People support sending juveniles to adult prisons for many reasons. One reason is that it is the job of the courts to help protect society. Once a troubled juvenile is sent to an adult prison, they are out of the way of society. Hopefully when they re-enter, the punishments they received will be imprinted in their brain and stop them from performing any wrong again. Another reason people think that disturbed youth cannot be saved is that punishment will not save them from themselves and they just need to be locked up forever. It is thought to be true that juveniles who are sent to jail will not commit the same crime again or even any crimes at all. All the reasons and opinions that say that juveniles should be sent to adult prisons for their heinous crimes seem logical. Despite this, they are not. There are more rational reasons why adolescents should be sent to their own private penitentiary.
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.
The justice system should not be allowed to charge a juvenile as an adult due to them not being the same, but at what extent should we stop the justice system from charging juveniles as adults? All of the recent studies that have been done they show that their brains are not fully developed, and that a vast majority of juveniles have some sort of mental disorder or disability. As the justice system, they need to consider all of the facts before convicting a juvenile like an adult when they don’t think or act the same way.