...about this very topic both for and against minors being tried as adults. Many on the opposing side of this argument feel as if sentencing in adult courts would be Cruel and Unusual punishment for a minor, which in turn is a violation their eighth amendment right. Recent trends in the increase of rape, murder, gang related crimes, and armed robbery have shown that a significant portion of the people involved are between the ages of 12 and 17. Most of the people in this age group have been repeat offenders calling into question are juvenile court and the punishments having an effect? The answer to this is simple… No. Examining both sides of the argument as well as data will not only show this but also enlighten many...
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...maintain the juvenile justice system as a separate entity from the adult court systems. It must stay separate in both the way cases are disposed and in the way sentence is carried out. Namely, punishment as in the adult system must be avoided and continued to be replaced by rehabilitation. In recent years, there has been intensive debate about whether the juvenile justice system should focus its limited resources on rehabilitation or punishment to curtail the rising statistics in juvenile delinquency. It is my belief that the juvenile justice system should primarily focus on the process of juvenile rehabilitation as opposed to strictly punishment. This paper will include an assessment of law enforcement, court processes, probation corrections, and community services as well as the intervention programs currently available to increase the incidents of juvenile delinquency. In this paper the subject to examine is both sides of the spectrum and try to show that the process of rehabilitation, rather than just straight punishment will provide a more effective solution to the problem of juvenile delinquency. I will be examining some of the arguments that oppose the views of rehabilitation over punishment and attempt to prove that the arguments for punishment are not as valid as those for rehabilitation. This paper will also provide evidence to support the claims that rehabilitation is a more effective way to resolve some of the issues which that are apparent in the juvenile justice system...
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...Chapter 1 1. Juvenile delinquency is the violation of a criminal law by persons under the age of 18 in most states. 2. Society views adult and juvenile offenders in many different ways such as the idea that juveniles are people that are in need of guidance because of their lack of maturity and cannot distinguish the difference between “right and wrong”. However, older offenders are expected to have this ability based off of their “experience” in life therefore deserving of punishment. 3. Juveniles are said to be immature because they lack the experience of having lived life and that they may not have understood or appreciated the harm that their actions have caused others. The immaturity is also said to have biological data that supports the argument that juveniles are immature, though there is no exact age in which a person has reached full maturity, “brain circuitry for pleasure and sensation develops rapidly during adolescences while the brain circuitry responsible for behavioral control and inhibition lags behind.” (5) 4. The major differences in the way that society treats juvenile offenders and adult offenders include the idea that juveniles are in need of guidance rather than punishment for their actions. On the other hand, adult offenders are punished for their actions. Society believes that adults were capable of distinguishing between right and wrong when they were committing an offense. 5. Status offenses are acts that are committed by juveniles that would...
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...Future of the Juvenile Justice System Lashanna Banks-Augustus Bryan Knight Samantha Mathis Barbara Minish Jenny Sutton CJA 374 July 2, 2012 Mecca Brown The Future of the Juvenile Justice System In 1899 the first separate Juvenile Court system opened in the United Sates. The Juvenile Justice system design was to separate juvenile delinquents from adult criminals. Documentation proves that juveniles do not have the maturity level or the responsibility level of an adult to receive the same punishment as adults should. Juvenile Justice System main focus is rehabilitation as a replacement for punishment in which the adult court system focuses on punishment. The juvenile system methods are based on causation theories throughout history. However, with new trends comes new theories and with new theories comes a new wave of both rehabilitation techniques and designing those techniques to fit each juvenile personal needs; proving that change is in need throughout the different areas of the juvenile justice system. Community Community helps juveniles in different ways. Juvenile law will place them accountable for their actions. The community can help to hold the youths accountable for each of their delinquent actions. The community could help intervene by providing an effective intervention for the offender and to have the child protection protect the neglect or abused juveniles (The future of children). Each community should help develop different programs that will help...
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...Juvenile Criminology Student’s name Institution My discussion question Adult prison system is unsuitable to meet the needs of young offenders as shown by various research studies. The process of maintaining public safety, successful integration of young offenders to the community, rehabilitation, skill development and treatment are the main goals of the juvenile system. As suggested by Howell, (2003), justice can never be served by forcing juveniles through a system never intended to process teenagers, moreover transfer laws have worsened the implications they intend to address. Juvenile justice system was essentially established because many teenagers were subjected to awful violations in adult jails and prisons hence resulting to the society as more hardened criminals. Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The...
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...better to just punish the child with force? Or to rehabilitate the child by teaching the child what he or she did wrong? I say both works when they are used together. In this paper I am going to explain where I stand on the juvenile justice system. I believe by having the juvenile justice system be more focused on punishment it will see a decrees in crime. As a child if you did something wrong and you parents sat you down and told you not to do it again, and nothing else happened would you do it again? Children like to push and push to see what they can get away with, but by punishing them you are setting boundaries. By having a stricter punishments on juveniles we can prevent crime. It the juveniles know what type of punishment they will receive from committing a crime then it might be a deterrent from committing that crime. This works in high schools around the country. Twenty years ago it was not that uncommon for a juvenile to have a pocket knife in his pocket even during school, but times have changed and by bringing a pocket knife to school is a serous offense. Juveniles know this and this prevents them from bring a pocket knife to school. It works in that example and I think it could work with every crime. Punishment is light on every juvenile crime that is committed from the just being delinquent to committing murder. Riley (2007) stated,...
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...This issue paper will cover the subject of “Trying Juveniles as Adults”. This has brought up a very controversial topic that people seem to be very passionate about. The rate of minors committing horrendous crimes has been on a steady rise for the past couple of decades (DOJ National Report Series Bulletin, 2011). There are many differences between the court system for Juveniles and the justice system for adults. In Juvenile courts there are no juries and no trails by jury either. In adult courts the sentencing is much harsher and the chance of getting off the hook with some counseling is very slim. If a juvenile is defined as a person under the age of 18, how can you justify trying them in a court designed for adult offenders? Some juvenile cases get transferred to adult criminal court through a process called a “waiver”—when a judge waives the protections that juvenile court provides (www.ojjdp.gov). Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before (nolo.com/juveniles youth adult criminal court). Being tried as an adult gives a juvenile more constitutional protections, but it also has disadvantages such as losing the juvenile protections as well. Depending on the crime of the minor, both court systems can punish the individual, but which court can give the appropriate punishment or the “crime”, not the age of the person committing the crime? The big question now is should we the courts show more...
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...BABY AND THE BATHWATER: THE PERILS OF HOLDING JUVENILES IN CONTEMPT RICHARD SEITZ UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2008 You can learn many things from children. How much patience you have, for instance. - Franklin P. Jones THE CASE OF A.S. In December of 2007, A.S., a 17 year old female, was subpoenaed to testify as a state’s witness in a case against a man accused of assaulting another woman. When she failed to respond to the subpoena and did not appear at trial[1], St. Mary’s Circuit Court Judge C. Clarke Raley issued an order for her arrest. She was picked up by patrol officers on New Year’s Eve, and appeared before a different judge, who subsequently released her on her own recognizance. On January 9, 2008, Judge Raley issued another order, this time finding her in direct criminal contempt for her previous failure to appear as a witness, and summarily sentenced her to 30 days in the St. Mary’s County Detention Facility, the county’s general population prison for adult criminal offenders. A.S. was jailed in the detention center among the adult population; public defenders appealed to the judge on her behalf, claiming that her imprisonment was in violation of the Juvenile Justice and Delinquency Prevention Act[2]. Judge Raley was not compelled by the argument, stating that she A.S. “was not best served by guidance, treatment or rehabilitation [in a juvenile facility], but by a brief exposure to the St. Mary’s County Detention...
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...to how to properly handle juvenile delinquency has caused quite the predicament amongst society. There has been an ongoing debate as to whether the best ways to handle deterrence against juvenile delinquency were to be punishment or rehabilitation. As the time changes, the views have switched their focus going from believing in the value of punishment to seeking the importance of rehabilitation. Without taking away punishment altogether, I believe that society should have a stronger focus on rehabilitation. Contributing factors such as psychiatric evaluation, therapy, work options, community volunteering, and education can help the dynamics of handling juvenile delinquency. Without those things, our society would not be deterring crime for the future but rather we are focused on just the simple solution for the ‘right now’. The cost that is needed to incarcerate anyone is expensive enough as it is. Why would we make society pay more to keep juveniles incarcerated rather than just use that money to help them become the normal outstanding citizens that can in turn help society? Not to mention the overcrowded problem that we have within the jails and the prisons. The proper program given to the appropriate youth can help cut the cost that is spent on incarceration. An article that has mention the proper using of rehabilitation for juvenile delinquents stated, “Developmental issues are also likely to influence the types of problems juvenile offenders experience. Younger adolescents...
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...Corrections Position Paper: Juveniles Tried as Adults by Michael Holland There are thousands of children who have been sentenced as adults and shipped off to adult prisons all across the United States. The juvenile justice focuses on rehabilitation rather than punishment, as is the modern trend in corrections compared to the past. Although the focus is on rehabilitation and recidivism, until offenders are willing to accept the responsibilities and consequences for their own actions, change cannot occur. Each state’s statutes outline the guidelines that determine whether or not a juvenile offender should be tried as an adult. It would be foolish to ignore both security and safety issues that stem from youth now being incarcerated as adults. My belief is that a juvenile offender would have to meet a specific criterion to be tried as an adult based on age, priors, and type of offense. We have the ability to reach children at an impressionable time in their lives and show them there is an alternative to life behind walls because fifteen year olds do not belong in an adult prison. As with any topic of debate, there are two sides to the argument for juveniles being tried as adults. Those who support this notion argue valid points which shouldn’t be overlooked when dissecting this topic. First and foremost, the most important factor in my opinion and one that makes me question my position of stance; by trying a juvenile as an adult we are deterring and minimizing crimes...
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...20th Century Juvenile legislation It was found that Kent v. United States is a legal case Decided March 21, 1966. The Supreme Court of the United States ruled that the District of Columbia juvenile court violated the Constitutional rights of Morris A Kent Jr. Today the courts must follow the precedent set in Kent v. United States when it comes to waiving juveniles to be tried as adults. The fundamental mistake made by the District of Columbia was the lack of a waiver hearing when the decision was made to try Kent as an adult; the lack of a waiver hearing constitutes a due process violation. At a waiver hearing the prosecutor and defense attorney present evidence on whether or not the juvenile should be waivered to an adult court (Taylor/Fritsch, 2011). Supreme Court of the United States overturned the conviction of Kent and ruled that a juvenile has due process rights if being waived to an adult court (Taylor/Fritsch, 2011). The Court ruled the waiver invalid, stating that Kent was entitled to a hearing that measured up to "the essentials of due process and fair treatment". Kent's counsel should have had access to all records involved in the waiver, and that the judge should have provided a written statement of the reasons for waiver (ncjrs, 1999, para. 5 internet). This paper examines Taylor/Fritsch’s research to understand juvenile legislation. Kent v. United States is legislation that shaped the treatment of juvenile offenders/delinquents. This legislation contributed...
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...Each year in Oregon State thousands of juvenile offenders commit crimes against innocent victims. As a result, the states' juvenile courts are eternally bogged down by more cases than they can handle, detention centers don't have enough beds to house all of the new offenders, and an alarming number of offenders serve their time and then return to detention several more times before finally cleaning up their acts or graduating to the adult justice system and presumably, prison (Kulongoski). By far the worst flaw in the current system comes from the lack of consensus on the part of policy makers and voting public over what should be done about the problem. By focusing almost exclusively on punitive measures they are missing a valuable opportunity to rehabilitate young people and to guide them toward becoming responsible and contributing members of society. Instead of institutionalizing suggestible minds, guaranteeing that every third person that is locked up will be back at least two or three more times as a juvenile (Parker, 2006), Oregon lawmakers should support the development and utilization of wilderness therapy programs which are quickly proving to be able to drastically reduce the recidivism rates among their graduates. It is important to acknowledge up front that in some cases detention facilities do serve an important social function. It is not the purpose of this paper to argue for the dismantling of these facilities altogether. Getting violent criminals - those convicted...
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...Unit 9: Term Paper – Position Paper Introduction One of the most recent controversial issues in the U.S. juvenile justice system today involves the use of juvenile waivers. It is now possible for juveniles under the age of 18 to be transferred to the adult court system under the waiver provision. Even more surprisingly and depending on the jurisdiction, children as young as thirteen can find themselves in the clutches of the adult court system. Once these children enter the adult system, there is a possibility that a myriad of punishments can be received for their crimes. Of these punishments, life without the possibility of parole (LWOP) appears to be the most stringent and the hardest to swallow. According to a Juvenile Life Without Parole Fact Sheet, “A LWOP sentence is the harshest sentence given short of execution. The sentence means that an individual will not be given the opportunity for parole review and is condemned to die in prison” (Citizens for Juvenile Justice, 2008). For some, the idea of having a child spend the rest of their natural lives behind bars for capital and even noncapital crimes can be daunting and unfair. For many young people, they are at the point in their young lives where they are still trying to figure out who they are and they willingly test certain boundaries. Life in prison without parole attempts to snuff out what little life they have just begun to build. However, many would also argue that if you are capable of doing adult crimes and...
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...Annotated Bibliography: What the Literature Says About Juvenile Sex Offenders The following articles, factsheets, and studies have been compiled to assist attorneys and individuals working on behalf of youth charged with sexual offending. The information contained in these resources aim to help others realize the fundamental differences between adult sex offenders and juvenile sex offenders, which include positive responses of juveniles to treatment, low recidivism rates of juveniles and negative impact of registries on youth development. It is our hope that this information will be used to improve legal outcomes for juvenile sex offenders, and uphold the purpose of the juvenile justice system as a rehabilitative, not punitive, system. PUBLICATIONS BY TOPIC Recidivism Rates/Amenability to Treatment Judith V. Becker, What We Know About the Characteristics and Treatment of Adolescents Who have Committed Sexual Offenses, 3 CHILD MALTREATMENT 317, (1998). The author states that comprehensive data does not exist to support the notion that if adolescents commit one sexual offense, they will go on to develop a pattern of sexual-offending behaviors or develop a psychosocial disorder. Michael F. Caldwell et al., An Examination of the Sex Offender Registration and Notification Act as Applied to Juveniles: Evaluating the Ability to Predict Sexual Recidivism, 14 PSYCHOLOGY, PUBLIC POLICY AND LAW 89, (2008). This study compared 91 juvenile males who had been treated in a secure correctional...
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...Minors and Violent Crimes ENG 215 August 27, 2014 Minors and Violent Crimes Juvenile crime has been a national crisis for quite some time. Research from 2010 showed that there were approximately 225 arrests for violent crime offences for every 100,000 youth between the ages of 10 and 17. The violent crimes committed by juveniles has been reported to be at its highest during the after school hours. Research has also shown that approximately 8% of all homicides in the U.S. were committed by juvenile offenders (Office of Juvenile Justice and Delinquency Prevention). These alarming statistics prove that minors should be held accountable and be tried as adults in the judicial system. Some may argue that minors have a better chance of being rehabilitated but at the same time minors could become “career criminals”. Steinberg (2001) remarks with the following: Variability among individuals older than 12, but younger than 16, requires that some sort of individualized assessment of an offender's competence to stand trial, blameworthiness, and likely amenability to treatment be made before reaching a transfer decision. The U.S. judicial system should treat minors who commit violent crimes as adults to enforce accountability, to prevent repeat offenders, and to deter others. Factoring Accountability Holding teens accountable for the violent crimes they commit by punishing them as an adult is a social complexity but it is incumbent. Some may view a minor being tried...
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