The Retribution In The Juvenile Justice System

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I believe that transferring a juvenile from juvenile court to criminal court (adult) is appropriate in certain cases. I personally see no issue trying and punishing a juvenile in adult court and prison if the sanctions under the juvenile system will not either ensure public safety, or the juvenile is not responsive to the “rehabilitation” methods of the juvenile justice system. The basic premise of the juvenile system is to rehabilitate and do what is in the best interest of the child (Cornell, 2016; Scialabba, 2016). When a juvenile reaches a point in criminality and mental capacity, adult sanctions may very well be what are needed to protect the community at large. Studies have shown that the deterrence of being transferred to adult court is not a factor for crime reduction and in many instances recidivism goes up (UCLA Law School, 2010). The inference here is that transferring to adult court is to punish, not rehabilitate, leading me to believe the retribution is for the victims and society, and punishment for the offender. …show more content…

Murder is a serious crime, however, does an eight year old possess the ability to process and understand (competency) the justice system and what is happening to him/her? Along the age line, mens rea comes into play; does the child possess the ability to actually know what he/she did was a crime, and did he/she actually intend to do wrong? Past criminal/delinquent activity and sanctions the offender has completed or been subjected to should be taken into consideration when evaluating whether to transfer to adult court. Lastly, what is in the best interest of the juvenile and safety of the

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