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Juvenile court system
Criminal law in juvenile issues
Juvenile court system
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Should a teenager who made a critical mistake have to serve a life without parole sentence for one moment’s mistake? Nathaniel Brazil did and he is still in prison today. I agree that the majority of supreme court justices who passed the law making mandatory life sentences without parole for juveniles who commit first or second degree murder are unfair and even unconstitutional because they are still children which make them immature in all aspects. Their brains are still not fully developed, and they make rash or quick decisions without thinking about long term consequences due to this. To give a juvenile a whole life sentence without parole for a moment's mistake or decision that was made when they haven't fully developed or learned what …show more content…
they need to in life yet just doesn't make sense. How can you determine the rest of someone's life when they fully don't understand the situation or what they did wrong yet? One reason a sentence of life without parole is unfair for a teen murder is that they are immature emotionally.
Nathaniel Brazil brought a gun to school because he was sent home on the last day of school and missed out on the festivities and didn't get to say goodbye to his girlfriend. His emotions were that flared up that he decided to grab a gun that shouldn't have even been left out and then proceed to head to school and kill his teacher when he didn't let him back in class. “On top of everything it was his favorite teacher and he couldn't recall a reason for doing so and even looked very confused in his trial” (Thompson 1). These actions show that Brazil had no idea that his actions had no thought put into them. There were even protesters outside of his trial wielding signs saying “a child is not a man” (1). After saying that you can easily compare his actions to what an adult's actions would be and a normal adult wouldn't have been that upset over all of this due to adults being more emotionally developed, therefore making them more emotionally mature and developed. “On top of all this a child isn't even physically developed fully and you can only imagine what would happen to them being thrown in prison with grown men that have been incarcerated for years and years” (Garinger 2). It is a big shock even comparing the physical development of most teenagers to everyday adults as it is. Teenagers are teenagers for a reason, not …show more content…
adults. Talked about briefly in the paragraph before teenagers’ brains aren't fully developed yet in the frontal lobe, which controls mostly decision making and emotions. “Not only is the frontal lobe not fully developed it also shrinks during the teenage years and puberty due to the body focusing on growing” (Thompson 1). This is another point proving that it is unfair to give teensagers’ life without parole sentences because they aren’t equivalent in any way to adults , even in the amount brain matter and development. Teenagers have less development and brain matter so why would you honestly think of punishing someone for life for a decision they made at this stage of life and development as a human? “It is literally proved down to a science that teenagers don't have a fully developed brain yet” (1). Many papers on the teen brain have appeared in top science journals to prove that. “Does planning mean the same thing for a thirteen-year-old with a diminished capacity for controlling erratic behavior, as it means for an adult” (Thompson 2)? If you even have to question if it means the same because of a science of the brain proves it is not, then why would sentence a teenager to life without parole for a heinous crime as you would an adult? Children and teenagers are very unaware of the long term impact of their decisions and actions as well.
“So what, then, to do about Lionel Tate-a kid who apparently still doesn’t understand that “pile-driving” fellow inmates is not a good thing” (Lundstrom 2) ? After committing a heinous crime at 12 years old Lionel Tate still couldn’t find what was wrong in his actions. If you can’t understand what is wrong with your actions do you really think it is smart to give someone a life sentence without parole? “In another week, he will find out who tucks him in at night. And where” (2). These children who commit crimes don't fully understand where they will end up , how long they will be there, what will go on when they get there, and how others will be effected from their actions. Adults being more educated, experienced, and wiser know this while children do not. “Meanwhile, in Texas, a lawmaker has had it. You want to throw the adult book at kids? Fine, says Democratic state Rep. Ron Wilson of Houston. Lower the voting age to fourteen”(1). If children can’t be trusted with the same things as adults and denied the same privileges because they are irresponsible and young then why would you charge them with an adult sentence when they can’t do adult things? You can’t give someone a life without parole sentence who hasn’t had the opportunity to even grow up and learn from their actions, let alone understand why they did something and the consequences of actions like
that. It is unfair and unconstitutional to give a teenager a life without parole sentence. You can’t determine the rest of someone's life when you don’t even know the kind of person they will unravel to be. It is statistically proven that children put through the adult system rather than the juvenile system are more likely to become career criminals. It is hard to find the logic in determining the rest of someone's life when they haven’t had the opportunity to fully learn how to become a good member of society and learn what is acceptable and not. Children and teenagers aren’t fully developed mentally and physically yet and to treat them as if they are doesn’t make sense. They don’t understand their actions, or consequences of their actions, all this due to the brain not being fully developed yet. You can’t ignore the facts that truly prove why juveniles should not be given the mandatory life without parole sentences and if you can children should be given the same rights as adults in the eyes of the law for they will be tried as adults under the law.
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
Many people say that the systems first priority should be to protect the public from the juvenile criminals that are a danger to others. Once the juveniles enter the system there is however, arguments on what should be done with them. Especially for those deemed too dangerous to be released back to their parents. Some want them locked away for as long as possible without rehabilitation, thinking that it will halt their criminal actions. One way to do this they argue would be to send them into an adult court. This has been a large way to reform the juvenile system, by lowering the age limits. I believe in certain cases this is the best method for unforgiving juveniles convicted of murder, as in the case of Ronald Duncan, who got away with a much lesser sentence due to his age. However another juvenile, Geri Vance, was old enough to be sent into the adult court, which caused him t...
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.
“You are hereby sentenced to life without the possibility of parole”. These are the words that a juvenile in America is likely to hear. Collectively, as a nation, the United States has incarcerated more juveniles with life sentences than any other nation. With this fact the arguments arise that juveniles should not be punished the same was as an adult would be but, is that really how the justice system should work? To allow a juvenile who recently robbed a store only get a slap on the wrist? Not comprehending that there are consequences for their actions and how what they have done affects the victims.
For a juvenile to be sentenced to life in prison without the possibility of parole is almost to give that child the death penalty, a punishment that was outlawed in the 2005 case Roper v. Simmons. In Roper Christopher simmons challenged his death penalty sentence for murder at age 17 because of his claim that the was an “immature and irresponsible juvenile”. The Supreme Court overturned his sentence, saying that their was a national consensus against the death penalty for juveniles because so many states had rejected that as a viable form of punishment. A life without parole sentence is equal to the death penalty for a juvenile because the child is having any hope of living a semi-normal life terminated at a young age, in this case 14 years old. If this were your child would you want them to sit in jail for the rest of their life, with no hope and no reason to live? Or would you want them to, even if it was an impossibly long sentence, have a least some sliver of hope that maybe one day they will escape the icy hell of the prison walls and feel the sunshine upon their face once again? When the sentence of life with parole is given it is not a guarantee that the person will be let out, it is simply giving them some glimmer of hope and reason to
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.
Rather than robbing them of the chance to grow and become better human beings, though, the government has the ultimate responsibility to help transform these troubled youths into upstanding citizens—even if it is within the walls of a prison rather than a classroom or office building. Executing minors does nothing but remind us of America’s stubbornness to do what may take time but in the end is right.
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.
The Portuguese were the first European settlers to arrive in the area. They were led by adventurous Pedro Cabral, who began the colonial period in 1500.
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.
First off sentencing juveniles without parole should not be allowed to happen because the juveniles brain has not yet matured enough and they don’t think before they act. In the article “Juveniles don’t deserve life sentences” by Gail Garinger he asserts “young people are biologically different from adults. Brain imagining studies reveal that regions of
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...
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.
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”.