Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Sentencing in the criminal justice system
Sentencing in the criminal justice system
Punishment sentencing
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Introduction
When it comes to individuals committing serious or harsh crimes, a sentence should match the crime that was committed. However, say this individual is under the age of 18. Should that make a difference in the amount of time they should serve, or should they serve any time at all? Based on age, states or locations, crimes committed and many other factors, we will discuss whether or not juveniles should be tried as adults. There are many arguments back and forth on whether or not a juvenile should be tried as an adult for their crimes. The two main reasons that are prosed for juveniles being tried as adults are that 1) the sentence should be proportional to their crime no matter the age and 2) the harsher or severe punishment will help lower juvenile crime rates. However, according to research juvenile crime rates have increased and the deterrent effects are minimal or almost non-existent. According to research and studies, a child’s brain does not fully develop until the age of 25. With this in mind, it brings up
…show more content…
For instance, in a juvenile court, instead of being charged with a crime and having a criminal record, it will be known as a delinquent act instead. Also, a juvenile court is typically known as a civil matter and this is where they determine whether the minor is a delinquent (Michon, 2018).
In previous society times juveniles were treated as adults no matter what the crime committed was. However, this has since changed due to it being seen as unconstitutional and unfair treatment to a person under the age of 18. Due to it being seen as unconstitutional, this caused many people to raise the needs for a different court system for juveniles. The idea behind a juvenile court system would be to try helping them instead of automatically punishing
Reaves, Jessica. ¨Should the Law Treat Kids and Adults Differently?¨ Time.com, Time Inc, 17 May 2001 content.time.com/time/nation/article/0,8599,110232,00.html.
With the current crime rates on the rise, the justice system is trying to reduce adult criminals by strictly prosecuting juvenile offenders as adults. Many people believe that in doing so will scare the criminals back on the straight path and help to lower the crime rate. Trying a juvenile as an adult will have no effect on reducing crimes, corrective behaviors, or a juvenile’s comprehension ability.
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.
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.
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
One of the fasting growing juvenile treatment and interventions programs are known as teen courts. Teen courts serve as an alternative juvenile justice, to young offenders. Non-violent, and mostly first time offenders are sentenced by their peers’ in teen courts. Teen courts also serve as juvenile justice diversion programs. Teen courts vary from state to state, and sometimes within the same state. With this program, all parties of the judicial setting are juveniles with the exception of the judge. Each teen court, is designed specifically to meet the needs of the community it serves. Teen courts were created to re-educate offenders throughout the judicial process, create a program with sanctions that will allow the youth not to have a juvenile record, and to also instil a sense of responsibility.
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.
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.
That’s why we don’t permit 15-year-olds to drink, drive, vote or join the military” (qtd. in Billitteri). There is adolescent-development research according to Hambrick, J. and Ellem, J that has shown “children do not possess the same capacity as adults to think thru the consequences of their behaviors, control their responses or avoid peer pressure” (qtd. in Lyons). There are some very good points made in the argument against sentencing youth as adults but I still have a hard time agreeing with peer pressure or impulse control as a reason to be held in a juvenile center for less than a few years for murder. Ryan, L. uses the example of a report released by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention on “Juvenile Transfer Laws : An Effective Deterrent to Delinquency?” This report found that prosecuting youths as adults has little or no effect on juvenile crime.” She uses this information and backs it up with the report showing “youths prosecuted as adults are more likely to re-offend than youths handled in the juvenile justice system” (qtd. in Katel). This is definitely a new perspective, but I still stand with my first take on the subject. “We know young people can commit serious crimes, and the consequences are no less tragic” (qtd in
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.
Larbie, Tatiana Mrs. Cox American Studies 3 10/04/2017 Why is a 16 year old only a delinquent and an 18 year old a criminal if they committed the same crime? Juvenile delinquents need to be tried as adult because ,rehab clearly doesn't work for the juvenile offenders they tend to just stay through the rehab and then they go back to their old ways. Also because repetition continues with these offenders within a year or so.
Should teens be convicted as adults? Teens are being trialed as an adult by a crime they are committing. Juveniles should be convicted as an adults for violent crimes because once you commit a crime you are showing you are a irresponsible person by making bad choices and should be trial as adults. Teens are being sentenced as a full adult by committing a crime on what they see around them. The article “Kids are Kids until they Commit Crime” states, “On March 9, Lionel Tate who was twelve when he savagely beat to death a six year old girl will likely learn if he must spend life in prison after his lawyer unsuccessfully tried to put pro wrestling on trial.”