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Should teenagers be tried as adults
Issues with the justice system
Should teens be tried as adults in court
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Throughout a human’s more vulnerable years, they are more susceptible to engage in irrational activities. Their actions are influenced by their family, the people they interact with, and the environment in which they live. On October 13,1994 5-year-old Eric Morse was dropped 14 stories by a ten-year-old named Johnny and by an eleven-year-old named Tyrone. They were tried as adults and sentenced to 10 years in prison. Some people may agree that they should tried as adults, but they deserve to be tried as juveniles because they possess no knowledge of the judicial process. Adolescents are unaware of how the judicial system works. In Adam Liptak’s article, “Supreme Court to Rule on Executing Young Killers,” he states that Adolescents are more likely to confess, and are not adept at navigating the justice system. The judicial process is not commonly taught in schools and students do not know legal parlance. Furthermore, they do not fully understand the repercussions of their actions.The defendants are not fit to stand trial and they do not comprehend their crime the same as a mentally competent adult would. …show more content…
Greg Krikorian, the author of “Many Kids Called Unfit for Adult Trial,” Laurence Steinberg comments “It is a violation of constitutional rights to be a defendant in a criminal proceeding when you are not competent to defend yourself.” Not only is it morally wrong, but it is also unconstitutional. The purpose of a defendant is to defend himself so that they are not unjustly punished. In the same article, “The study, directed by a University of Massachusetts professor, found that one-third of the 11 to 13-year olds studied and 20 percent of those 14 or 15 years old had levels of reasoning and awareness comparable to those of mentally ill adults judged not competent to stand trial.” The statistics show how many kids are treated unfairly and how it 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
Thus, the shifting perceptions of the justice system has transformed what it means to be a child and an adult due to their pervasive, and punitive approaches to crime and delinquency. Although adolescents today enjoy many new freedoms and greater time to experiment, those that don’t conform to “normative behaviors” and engage in socially constructed definitions of delinquency, often end up under the firm hands of the juvenile justice system. Despite the creation of this phase in an adolescent’s life, the injustices within the adult justice system have breached into the juvenile system, thus, blurring the lines of what it means to be an adolescent in modern times. Thereby, the adolescent stage is constantly being manipulated to conform and match the social construction of crime and delinquency, and the rise in the practice of trying juveniles as adults within the court system and mandating life sentences is evidence of this
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
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.
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.
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.
Thousands of kid criminals in the United States have been tried as adults and sent to prison (Equal Justice Initiative). The debate whether these kids should be tried as adults is a huge controversy. The decision to try them or to not try them as an adult can change their whole life. “Fourteen states have no minimum age for trying children as adults” (Equal Justice Initiative). Some people feel that children are too immature to fully understand the severity of their actions. People who are for kids to be tried as adults feel that if they are old enough to commit the crime, then they are old enough to understand what they are doing. There are people who feel that children should only be tried as adults depending on the crime.
...ked at. For example, in Georgia, a twelve year old boy was charged with aggravated sodomy of two younger children. The defense attorney argued that the youth was diagnosed with mental retardation, and therefore could not give a consistent account of the event, and it impaired counsel from obtaining information critical to the boy's defense. The judge denied the motion explaining that Georgia did not have laws protecting incompetent juveniles from being tried in delinquency proceedings.
Vandergoot determines that the reasoning capacity of an adolescent, the ability to make legal decisions, and filter unnecessary information is unclear to a juvenile in the justice system; the vagueness of youth stepping into the courts prevents them from fully participating in the justice system. ( Vandergoot, 2006). As a result of this impreciseness youth encounter Vandergoot concludes a separate justice system allocated for youth to adhere to adolescent needs. Vandergoot discusses the Youth Criminal Justice Act a justice system devised to adhere to youth needs. She summarizes the system that benefits young offenders in contrast to adult offenders.
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.
Based on my recent study of the adolescent brain and cognitive development, I don't think anyone under the age of 24 should be trialed as an adult. Even though 18 is the age when teens become adults and get jobs, our brain is so vulnerable as teens. The pressure added on by society telling 18 year olds to suddenly grow up and be an adult is overwhelming. With that stress of growing up is also stress to make the right decisions and meet expectations of others. During teenage years the adolescent brain is at it’s most crucial stage in development. Being trialed during this developmental stage hinders proper development. After viewing the case studies on the 5 teens from colorado I concluded that most trials take weeks and months at a time. During
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.
Many people claim that the child did not know any better, or that he was brought up with the idea that this behavior is acceptable. Although there is some truth to these allegations, the reality of this social issue is far more complex. Therefore we ask the question, "Should childhood offenders of capital crimes be treated as adults?" To begin with, numerous reasons for why a child acts in the manner he exhibits and why he continues to exert such dangerous and even fatal schemes. Recent research shows that factors ranging from inherited personality traits to chemical imbalances and damages suffered in the womb can increase the odds that a child will become violent (Johnson 234).
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. Juveniles are not mature enough or developed psychologically, and, therefore, do not consider the consequences of their actions. In the article, “Startling Finds on Teenage Brains” by Thompson, the writer argues that juveniles are not adults. Their brains develop at different stages and they learn skills that they need to learn at a certain time.