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Legal system of juveniles
The United States of America and treating juveniles as adults
Legal system of juveniles
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In most of the societies, children have to reach a certain age in order to be held accountable for all the decisions that they make. The main issue with this is that children can get away with murder, rape, treason and other heinous crimes that would otherwise be regarded as capital offenses. If the accused child is tried in the court of law, the death penalty is usually out of question (Jane, 2011).
The big question here is; should the juveniles be given a death penalty? Is it fair for them to walk away with such a crime? Pros of Giving Juveniles a Death Sentence
First, this is a potential crime deterrent. Majority of the minors clearly understand that they can be able to walk away from a big crime without their adult lives being affected
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State legislatures represent the peoples’ will and are thereby responsible for the formulation of law (Jane, 2011).
It would also stop the young offenders from being adult offenders. Majority of the juvenile offenders who commit heinous crimes, end up committing even more serious crimes when they are grown- ups. By coming up with the death penalties for most serious crimes, this transitional process of crime would come to an end and thereby protecting the society at large.
Finally, it would save the justice system money. When these juvenile offenders become adult offenders, all the trials, prison and all the charges they incur will continue to increase, of which it is the taxpayers who are responsible of paying. With death penalty, it would mean that there is only a single trial and cost to cater for. The Cons of Subjecting Juveniles to Death Penalty
Children do not understand the idea of action and the consequences. Majority of the minors do not get the idea of one action leading to an outcome that will result into serious consequences. This logic can only be realized if the teen reaches a certain
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Death penalty for juvenile may not necessarily result into justice. For instance, who’s faulty is it? The parent who raised the child or the child? As much as putting a juvenile to death may bring transition of a crime to an end, the core issue that the society is going through will not be settled. In most of the cases, it is the parents who fail to do their duties (Graham, 2014).
Such an act is considered wrong in most of the cases. For instance, it is wrong to charge a juvenile with a capital offense. Even if this was legal, many would see the act as ethically wrong. This is due to the fact that children can easily adapt to new environment and therefore have better chances of rehabilitating.
The death penalty for the juveniles is one of the most controversial ongoing debates in the criminal justice system. Passions run equally high on both sides of the debate. By weighing the advantages and disadvantages of this issue, there is one thing that is clear: all the sides want to see justice served (Graham, 2014).
Death Penalty for Juveniles is
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.
Each year there are about 250 people added to death row and 35 executed. From 1976 to 1995 there were a total of 314 people put to death in the US 179 of them were put to death using lethal injection, 123 were put to death using electrocution, 9 were put to death in a gas chamber, 2 were hanged, and 1 was put to death using the firing squad. The death penalty is the harshest form of punishment enforced in the United Sates today. Once a jury has convicted a criminal, they go to the second part of the trial, the punishment phase. If the jury recommends the death penalty and the judge agrees then the criminal will face some form of execution, lethal injection is the most common form used today. There was a period from 1972 to 1976 that capital punishment was ruled unconstitutional by the Supreme Court. Their reason for this decision was that the death penalty was "cruel and unusual punishment" under the Eighth Amendment. The decision was reversed when new methods of execution were introduced. Capital punishment is a difficult issue and there are as many different opinions as there are people. In our project, both sides have been presented and argued fully.
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.
Day after day in this country there is a debate going on about the death penalty and whether we as people have the right to decide the fate of another persons life. When we examine this issue we usually consider those we are arguing about to be older men and women who are more than likely hardened criminals with rap sheets longer than the height we stand (Farley & Willwerth, 1998). They have made a career of crime, committing it rather than studying it, and somewhere along the line a jury of their peers decided enough was enough. They were handed down the most severe and most final punishment of them all, death. Behind all of the controversy that this issue raises lies a different group of people that are not so often brought into the lime light, juveniles.
Although the death penalty alone cannot bring back the life of those who have been murdered, it can serve as ultimate justice for the victims and their families. The deterrence of the death penalty can save lives. While opinions abound on both sides of the fence, in the use of the death penalty on juveniles, no one can argue with the fact that the voices of those murdered cannot be heard. Juveniles may not have fully developed brains, as Raeburn argues, but this is not an adequate excuse to dismiss the death penalty. American society cannot afford to babysit murderers, nor can they rehabilitate them. The end of the innocence begins when an innocent life is taken, and the sanctity of life is held defenseless.
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
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.
“Morals are inherent from birth” (Wilde). Children, like adults, should know wrong from right. A child’s upbringing does impact them a little, but it’s in their nature to know right from wrong. One may say that a child is going to become hardened after they get out of jail, but it’s also the same for adults. Kids should be treated as adults since they can commit the same crimes as adults. “The juvenile court was created to handle juvenile offenders on the basis of their youth rather than their crimes” (cliffs notes). This is unfair because they base their decisions on how old the child is. What do they think this is, school? In school, they basically teach children based on their age, not on how much they know already. The court system shouldn’t be like school.
...ding, deterring crime, and saving tax dollars. The death penalty also ensures equal justice in America and ensures justice to those deceased in homicides. In the future, such issues can be resolved by keeping the death penalty: overcrowding in prisons will be less likely to happen, more criminals would be apprehended because of the plea bargain and crime rates will go down. This changed America by locking up more criminals in prison in these past two millenniums alone then altogether in America before while deterring crime due to convicts facing the chance of execution and being placed on death row. The death penalty also ensures the innocent who have suffered as a victim in a homicide have received their justice. With this being said, the death penalty works as a solution to the overcrowded prisons and overwhelming crime rates in the United States.
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.
The death penalty has been an issue of debate for several years. Whether or not we should murder murderer’s and basically commit the same crime that they are being killed for committing. People against the death penalty say that we should not use it because of that very reason. They also make claims that innocent people who were wrongly convicted could be killed. Other claims include it not working as a deterrent, it being morally wrong, and that it discriminates. Some even claim that it is cruel and unusual punishment. I would like to shed light on the issue and inform everyone as to why we should keep the death penalty and possibly even use it more than we do now.
Children commit adult crimes. The problem is how do we punish them? Should they be treated in juvenile facilities, or punished with adult criminals? In some states, you are considered to be an adult at 17 years old, therefore, as criminals get placed “in adult prisons for more sophisticated training in violent crimes and victimization.”(Pg. 637)