...The Age and Time for the Crime in Juvenile Justice Natasha Yancey Strayer University March 16, 2014 The Age and Time for the Crime The adult criminal system is designed for the prosecution of adults not children. Both state and federal legislative have responded to juvenile crime by focusing on sending more and younger children to adult criminal court. How and where do we draw the line between adults and children? Where do we draw the line between justice and malice? Juveniles that commit crimes should be punished for the crimes that they commit, but they should not be tried as an adult. This paper will offer information on why there needs to be changes in the juvenile justice system, and it will analyze why the increased prosecution of juveniles in adult court is disastrous and nothing but a threatening policy. This policy is unjust, harmful to children and does nothing to increase public safety; consequently punishing adolescents as adults does more harm than good. Thomas J Bernard a professor of criminal justice and sociology at Pennsylvania State University explained how psychologists and sociologists saw young offenders. Bernard’s (2010) book The Cycle of Juvenile Justice recognized that minors are children and not adults. (p. 45) Bernard (2010) further explains that during the 18th century children were tried as adults. Juveniles as young as the age of seven could be tried and sentenced in criminal courts. (Bernard 2010) His research expounds on the Society...
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...Should Minors Who Commit Violent Crimes Be Tried As Adults? Thesis Statement Many adults come up with many reasons why youth involve themselves with acts of violence, there is never an actual answer to why they committed the crime, but the question of why they are being tried as an adult. Vicious misconduct is well-defined by the Division of Juvenile Justice as “murder, rape, severe attacks, and theft. These are all actions that sound terrible and cause for harsh consequences. Unluckily, there is an increasing development of adolescent violence; even “kids” under the age of sixteen are engaging in these vicious acts. When a child comes of age, they advance to being able to enjoy but not abuse adult liberties. Adolescents attain a numerous freedoms like the right to vote, buy a home, and buy tobacco goods and alcohol, however most importantly they become responsible for their behavior. Many aren’t aware of the temptations that come about once the age of maturity is reached. The mature criminal justice system is not meant to meet the desires of adolescent offenders. Solution (s) to Problems There are three problems when it comes to trying a child as an adult; it is impossible for a juvenile to stay alive in such harsh environments such as adult prison because of the age bracket and the absence of adulthood which can sometimes be taken advantage of by other offenders. Juveniles who are positioned in adult prisons are more likely to be repeat offenders because they become accustomed...
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...Juveniles being tried as adults Student’s name University affiliation Juveniles being tried as adults Introduction The first juvenile court started in the United States of America in 1899. The two basic principles on which the court juvenile court were founded are one, and juveniles were not mature enough to take responsibility of their actions compared to adults and two, it was easier to rehabilitate juveniles as compared to adult criminals (Grisso & Schwartz, 2000). In more than a century, these principles remained the benchmarks of the juvenile courts as they expanded from Chicago, their original birthplace, into other states and eventually in other parts of the world. However, in the recent year rising incidences of juvenile criminals being tried as adults has increased as it was before the advent of the first juvenile court. Much of this stems from the public outrage against the children who, in high numbers, are engaging in violent crimes. Many countries have adopted legislation that permits them to juveniles to be tried as adults. In some countries, there are provisions that allow prosecutors to try children as young as 14 years under certain circumstances (Grisso & Schwartz, 2000). Juvenile courts establishment aimed at separating the youthful offenders from the adult criminals and thereafter processing and rehabilitating them in forgiving and less punitive manner compared to the adult criminal system (Redding & Fuller, 2004)...
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...Should people less than eighteen years old (minors/juveniles/adolescents) ever be tried and sentenced as adults? The legislation of trying and sentencing youth criminals under adult justice system has been a hot topic of debate. Supporters of tough laws on insist the need to enforce harsh penalties to uphold justice. The practice of treating youth criminals as adults since the 1990s is a result of the steep rise in youth crimes. However, youth advocates argue that tough laws should not be applied to youth offenders anymore. The core issue of the controversy is whether, because adolescents are biologically and mentally different from adults, they should be treated differently. For minor offenses such as property crime in which nobody is killed, it is understandable that harsh punishments are not necessary. But there need to be tougher penalties for severe crimes that threaten and take others’ lives. Hence, juveniles under eighteen years old who commit violent crimes such as murder and rape should be tried and sentenced as adults in order to punish them for their mistakes, to lower the crime rates and to protect the society. Laurence Steinberg, a psychology professor from Temple University, describes the adolescent brain as “a car with powerful gas pedal and weak brakes” (cited in Hansen, 2010, p.123). This is a good illustration of the fact that humans’ psychosocial abilities do not develop fully before reaching adulthood as cognitive abilities do. A series of experiments studying...
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...When an adolescent commits a crime, should that make them an adult in the eyes of the law? Or should their age be considered and acknowledged as a shortcoming of a undeveloped mind, impacting their capacity for not fully comprehending their actions? These questions have plagued the juvenile justice system both in our current time and its history. The choice between harsh punishment or attentive rehabilitation as convictions for youth offenders I think the best choice is rehabilitation because it gives juveniles to another shot. Youth offenders are different from adult offenders biologically and this should pose a greater impact in the sentencing made on the adolescents in the juvenile justice system . Punitive punishment have...
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...call juvenile criminals, but, every action has a consequence and to deal with these unlawful adolescent we have the Juvenile Justice Department. The juvenile justice system is a network of agencies that deal with juveniles whose conduct has come in conflict with the law. These agencies include police, prosecutor, detention, court, probation, and the Department of Juvenile Corrections. But, when young offenders commit a series of crimes or even serious crimes, they are waivered into Adult court where they will be subject to any punishment available. Some cases of Juvenile’s being tried as adults is not fair. Some people would disagree about their charge. Some pros of Juveniles being tried as adults are, Attacking juvenile crime lowers the overall crime rate and allows us to live in a society that is much safer. A juvenile who knows that they will be punished for their crimes is far less likely to commit them. Other juveniles who may be considering committing a crime will also view the harsh punishment of their peers as a powerful deterrent. A crime is a crime no matter what, even if it is the littlest crime. A juvenile who is tried as an adult could end up being scared straight, which will make them from not continue to break the law. Spending a few nights in jail around hardened criminals can often be the wake up call. A juvenile offender needs in order to realize the error of their ways and make the necessary changes to their lifestyle (Should juveniles be tried as adults...
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...Rollins May 24, 2016 CCJS Juvenile Delinquency 350 6380 Instructor: Jack Monell Comparison Paper Juvenile Justice & Adult Justice Systems The juvenile and adult justice system are similar but very much different. A juvenile is a child under the legal age, however depending of the crime the juvenile has committed they could be charge as an adult, in criminal court. In most cases when juveniles is arrested and charged with committing a crime or a delinquent act, it will take place in family court and that is where the trial, conviction, sentencing and rehabilitation process will start. The juvenile system thinks juveniles are not mature, but many think they could have a better chance at life if they are enter into a detention/rehabilitation center. With juveniles committing more serious and violent crimes nowadays, being sentenced and tried as an adult, it’s becoming hard again to tell the difference between the two groups. I will like to discuss the similarities and differences between the two. Juvenile and Adult justice system are differences in the beginning starting with being arrested. Juveniles get arrest, police need to make a quick decision whether to let the juvenile go or have the juvenile go to court, but going to court only depends on the crime that the juvenile has committed. “Cases involving serious crimes against property or persons are often referred to court. Less serious crimes, such as disputes between juvenile, runaways, and assaults of minors...
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...Should Youthful Offenders Be Tried As Adults? Ervin Franklin March 28, 2012 SWK 501: Policy II History of Juvenile Justice System: “Many people believe juvenile courts were invented to "go easy" on young criminals. The actual reasons are more complicated. The 19th Century reformers who advocated the establishment of juvenile courts were just as interested in crime control as they were in social work. Admittedly, some reformers were motivated by a desire to save growing numbers of poor and homeless children from the streets of America’s cities. Others, however, were mainly interested in removing the legal obstacles that prevented criminal courts from dealing effectively with young hoodlums” http://www.urban.org/publications/307452.html The Juvenile Justice System was founded on the principle that “children are fundamentally different from adults, and that the justice system that deals with them should reflect these differences” (Setting the stage). Two themes make the system: the welfare of young offenders and the protection of public safety. “State legislatures are responsible for establishing juvenile courts and for framing their legal responsibilities. Thus, state lawmakers have the power to decide who falls under the jurisdiction of the juvenile court and who remains under the jurisdiction of the criminal court. At one time, the issue was relatively simple. States merely decided at what age an individual was to be fully responsible for...
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...particularly conveyed by an adolescent. Dependent on the country, a juvenile develops into adulthood within the years of 15 to 18; during rare occasions during cases of murder and other severe criminalities the age has dropped below the standard adulthood ages. Delinquency entails action which doesn’t adapt to the legitimate or ethical values of society; generally applying merely to doings that, if executed by an adult, would be labeled as illegal (The Editors of Encyclopedia Britannica). What incites a teenager in becoming criminal and causes them to lean towards this standard of living? It is necessary to explore in what way does domestic life effects juvenile crime. There is a possibility that juveniles will become delinquent when is a lack of a structural foundation is furnished within the home they reside. Children who experience rejection, conflict or inadequate supervisor, may become more of a delinquent than children who do not experience similar encounters. Some writings have focused on the connection between child abuse and juvenile delinquency; which pointed out that juvenile delinquents are frequently created within families that were knowingly or insentiently neglecting their child’s needs (National Institute of Justice, (14 Mar 2011)). Kids can learn deviant values from their parents, relatives or peers (Siegel, Larry J. & Welsh, Brandon C. (2008)). In the United States, 14.4% of male inmates and 36.7% female inmates were mistreated during adolescent. Today, the problem...
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...average of 7,500 youth are incarcerated in adult jails. This subject is given little attention by the public, despite the horrific consequences of being tried in an adult criminal justice system and incarceration in an adult jail. Youth who are placed in adult jails are at a greater risk of physical and sexual assault. I believe juveniles under the age of 18 should not be treated as adult criminals because placing youth in the adult criminal justice system puts their safety at risk, restricts their necessary education and crucial health development, and increases the likelihood of violence and re-offending. Placing youth in adult jails most likely result in inimical situations and it is extremely difficult to prevent these events from occurring. By housing young offenders in the same facilities as adult criminals they are presented as the easiest preys which result in physical and sexual assaults. For example, according to the U.S. Department of Justice Bureau of Justice Statistics, in 2005 and 2006,...
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...Should Youths be treated as Adults in the Canadian Justice System? Varun Thapar Due Date: March 1, 2011 Mr. Roberts The Youth Justice System was originally created in 1908; and was brought about because the government considered facilitating the youth so they wouldn’t be given the same sentence as adults. This early incarnation of youth legislation was called the Juvenile Delinquents Act This act was for young offenders with a guiding philosophy that juveniles are not criminals but children who need direction. An offender was classified to be between the ages of 7-18 could be tried in this system. The accused does not have a right to a lawyer, hearings were closed; and the charter did not apply. Examples of sentencing options were light and included fines and placements in foster care home. In 1984, the Young Offenders Act was changed to the idea that youths are less responsible for crimes than adults. Some of the amendments of this new act were a narrower range of age, 12-17 year olds and the accused must be advised of right to a lawyer, the Charter rights apply, and the accused could be sentenced to open or closed custody, and could be sentenced to 5 years for murder. In 2002, harsher punishments were introduced to the Act along with a change of name to the, Youth Criminal Justice Act. The driving idea for this act is that tougher sentences prevent crimes but rehabilitation is vital. It has been is debated as to whether or not youth should be given the same sentences...
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...Justice System Position Paper Justice System Position Paper The purpose of this paper is to convince you through information and evidence my belief of what needs to happen in the juvenile justice system in order to make a difference in our children’s lives. My belief’s is that we need to make comprehensive plans for the juvenile offenders including both rehabilitation and punishment efforts. I do not believe rehabilitation nor punishment will work on their own and need to be used together to ensure the correct message is being sent to our youth. In my opinion there has to be education at a young age, rehabilitation and punishment in each individual’s plan. Juvenile Court Juvenile courts were first introduced into the United States court system in 1899. In 1899, the first juvenile court was finally established in Cook County, Illinois, and by 1925, all but two states had followed (Center On Juvenile & Criminal Justice, n.d.). The main purpose of juvenile courts was to make sure that adolescents were not treated and punished like adults and rehabilitation was thought to be the main way helping the youth. Why is juvenile court so important? The juvenile court system is very important to the youth of our country. This court not only ensures there will be consequences for illegal activity done by minors, but also helps to protect adolescents from being treated like adults. These courts take into consideration that minors do not have the same thought processes...
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...Justice System Position Intro to Criminal Justice 21 OCT 2012 Abstract The purpose of this paper is to explain how imperative it is to 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...
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...Juvenile Justice and Rehabilitation When discussing rehabilitation or punishment for juvenile delinquents, I believe there should be rehabilitation over punishment. Granted there are numerous cases that completely warrant punishment, but punishment isn’t always the answer. Adults are usually given second, third and fourth chances to change their lives. And sometimes rehabilitation isn’t involved. I believe since adolescents still have plenty of time to get counseling or learn about themselves and why they acted the way they did, there is always an opportunity for them to change. Adolescents don’t have the same thought process as adults. They tend to react emotionally, so if their emotions are flying high, adolescents aren’t always able to stop themselves from doing something foolish or harmful to others. This is also the point in their life when they are becoming curious about how their bodies are changing. Also add in drug or alcohol experimentation and that’s a recipe for trouble. There are numerous supporters for rehabilitation, just like there are individuals against it. As long as there is a juvenile justice system, there will always be a debate. One person that agrees with rehabilitation is Kurt Kumli, a supervising deputy district attorney for the Santa Clara County’s Juvenile Division in California. Mr. Kumli (2001) stated that there are different methods that work on different kids. But the one thing that is constant, is the need to get to the kids “sooner, than...
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...Child Criminals: Is Punishment or Rehabilitation The Answer? Lisa Perdew Prof. H. Mathers Ivy Tech Community College With the growing number of crimes being committed by juveniles the question of whether punishment as adults or rehabilitation in a youth facility is the better option has never been more relevant. Some say that if a child commits a heinous crime, such as murder, they should be punished just as an adult would be. Others say child criminals are children first and criminals second and that they should receive counseling and rehabilitation in order to give them a chance at a normal adult life. Most states in this country do not have set laws concerning the prosecution and punishment of juveniles involved in serious criminal acts and thus the punishment is determined by the judge of each case. This can, and has, led to some juveniles being punished too severely and others getting entirely too light a punishment. The debate has come to the point of whether there should be a blanket law where in all juveniles guilty of terrible crimes are treated as adults no matter their age or if because of their age, under 18, they should all be treated as children no matter the severity of their crime. Social workers have long been at the forefront of this debate and have very strong opinions concerning these children. Most of them think rehabilitation, or even early intervention, is the better option for these children. Many of today’s...
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