Imagine sitting in the courtroom watching your sibling’s killer look you straight in the eye. Imagine hearing that final bang of the judge’s gaval saying that this case will stay in the juvenile court and that your siblings killer will only get two years in jail. You want to scream so bad but you can’t, all you can do is cry. When a teenager commits a serious crime,such as murder, the attorneys and the judge will decide if the case should be moved to the adult court or should stay in the juvenile court. The difference between juvenile court and the adult court is juvenile court doesn’t focus so much on the crime as much as rehabilitating the juvenile, on the other hand the adult court focuses more on the punishment side. So when a teen gets …show more content…
Some people argue that teens don’t know right or wrong. Laurence (Steinberg page 1), psychologist professor at Temple University in Philadelphia, Pennsylvania, states that teens are like cars with bad brakes. Teens want to keep going and can’t stop. However, even though teens don’t have a strong enough “brake” doesn’t mean that they don’t know right from wrong. For example, Jessica (Wilde page 1) the writer for The Rebel Yell illustrates that two ten year old’s murdered a two year old. Then they dragged him on the railroad tracks to cover up what they did. The reason they did it was because to them it was “fun”. Then they were tried in the juvenile court and are out right now living their lives and having that murder a memory in the distance. This basically means that they knew that killing this two year old was wrong but yet they still did it anyways. Then all they get for this crime was a year or two in rehabilitation then was sent free to their new lives. Lauren (Osen page 1) the writer for the article “In juvenile delinquency courts, right from wrong not exact science” confirms that teens know right from wrong because a 10 year old shot and killed his dad in his sleep, told the court that ‘if you wanted to kill someone you shoot them in the head’. This basically means that he knew what he was doing was wrong like the other kids. He also knew that what he did would have consequences. Paul (Bloom page 2), professor of psychology at the Infant Cognition Center at Yale University in Connecticut in the US, conducted an experiment to see if we are born with knowing right from wrong or we are born with a clean slate.The experiment consisted of six to twenty-one month olds. They would show the babies puppets, some of them needed help others were looking for kindness. They would show the babies a dozen times then ask the babies to pick the good puppet or take something
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
This quote by Edward Humes sums it up the best, “The fundamental question Juvenile Court was designed to ask - What's the best way to deal with this individual kid? - is often lost in the process, replaced by a point system that opens the door, or locks it, depending on the qualities of the crime, not the child.” (No Matter How Loud I shout, 1996, p. 325). The courts need to focus on what is best for the child and finding punishment that fits the child not the crime.
Juvenile court is a special court that deals with under age defendants that are charged with crimes, who are neglected, or out of their parent’s control. The average age of the Defendants are younger than 18, but juvenile court doesn’t have jurisdiction in cases in which a minor is charged as an adult. The procedure of juvenile court is to involve parents or social workers and probation officers in order to achieve positive results and prevent minors from future crimes. However, serious crimes and repeated offenses can result in the juvenile offender being sentenced to a prison, with a transfer to a state prison when they reach adulthood. According to the film “Prison States”, Christel Tribble’s was a 15-year-old from Kentucky who was diagnosed
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.
There are times where a juvenile may be eligible for transfer to adult criminal court. There are certain criteria that must be met for this to happen, and there is a strong belief that juveniles who commit serious offenses would be more appropriately dealt with by criminal (or adult) courts (Elrod & Ryder, 2011). Juveniles are capable of committing the same serious offenses that adults do. Therefore, with the requirements of a transfer being met, there are times that juveniles should be placed in the adult criminal court system and tried through here, rather than the juvenile court system. The juvenile court system may not have the same consequences or sentencing guidelines as the adult criminal court; therefore, the proper punishment may not be served if a juvenile is not transferred to the adult criminal court system.
The main difference in them is that the juvenile court system’s main goal is to help the youth. Everyone that is part of the system wants to help the juvenile. They want to rehabilitate them, so they can go on living a normal, crime free life. The adult court systems set out for justice. They want punishment. The juvenile court system is based on civil laws not criminal laws. This shows that they seek rehabilitation and not punishment. (Fradella & Neubauer, 2011, pp. 500). The juvenile court system is also private. The adult court systems allows people to sit in the sessions, but the sessions in the juvenile courts are closed to the public and the names are not released. The jurisdictions of the two court systems are different as well. The adult court system jurisdiction is based off of the crime committed, whether it was a federal law that was broken or a state law that was broken. For juveniles the jurisdiction is based off of age. The age varies state to state. For example, in New York, a 16-year-old is considered an adult, and in Pennsylvania the cut off age is 17 (Fradella & Neubauer, 2011, pp.
Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).
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...
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...
In today’s society it is not who or whom it is what. Juvenile offenders are now facing a two court system, not only can they be tried in juvenile court for a crime committed. They are now being charged as adults in adult court. Charging a juvenile as an adult has stirred up ...
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.
Due to the increased recognized differences between adults and juveniles in terms of needs and developmental capabilities, offender’s treatment differ depending on whether they are treated in an adult or juvenile court. In the adult court jurisdiction, public safety and retribution are the most salient tenets while in the juvenile courts the best the intentions are intended towards the best interest of the child focusing on rehabilitation. The best goals and objectives of the juvenile court sanctions aim at ensuring that the youth in trial at the juvenile court desists from delinquent behavior and thus easy to be reintegrated in the society once more. This fact is mainly achieved through offering the youth individualized case management programs
In juvenile court, the judge must decide if the teen gets tried as an adult or minor. If the juvenile gets sent to a juvenile detention center for murder they will live their lives there until they are twenty one, but if tried as an adult they will serve so many years in prison. There is a grey area of law for certain teens that commit serious crimes. In this case of the grey law, each state gets to decide upon the particular state how they person is tried. For most cases pertaining to the juvenile courts are case by case bases. Many believe that it isn’t fair for the teens to be locked up with adults. The U.S. House of Representatives made the Juvenile Justice Act encouraging states to find alternatives to having the teens go through such a process with people much older than themselves (Locked Up…).