...Life without parole is the harshest punishment given to juvenile delinquents. Since minors are still developing, it is argued that life without parole is only used as punishment for extenuating circumstances such as felony homicide. The Supreme Court has ruled that it is unconstitutional to give life without parole to juveniles that commit “non-homicide” crimes (Kaiser 2012). In a recent Supreme Court ruling, a 5-4 vote opposed the mandatory sentencing of life without parole for children ages 18 and under (Savage 2012). This means that state laws need to take age and the nature of the crime into consideration before issuing a life sentence without the possibility of parole. Because of the harsh permanent nature of this punishment, other alternative sentences should be considered when handling juvenile cases. Life without parole should only be used as a last resort based on the individual case. Criminal sentencing is based on the “moral wrong committed” and the debt owed to society (Kaiser 2012). The basis of the law is to gain retribution for the actions, deter future crimes and to rehabilitate existing inmates (Kaiser 2012). Ideally the thought of life without the possibility of parole should be enough to deter anyone from doing a heinous crime. However, many of the prison cells are occupied by inmates with no possibility of parole. This penalty is setting a moral example by making sure that the person is unable to commit the offense again and to decrease the likelihood of...
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...issue of cruel and unusual punishment towards juvenile life without parole is one that needs to be addressed. The facts stated earlier in this paper have given more than enough reason to abolish life without parole sentences for juveniles. It has been argued in Graham v. Florida that because juveniles have a weak capacity to comprehend their behavior and actions, the punishment of life without parole might not be an effective deterrent from engaging in criminal conduct. Some states have already abolished juvenile mandatory life without parole as they have all found it to be cruel and unusual punishment. Many groups and advocates against life without parole for juveniles have seen this as a step in the right direction,...
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...There have been many arguments about whether or not juveniles should be sentenced to mandatory life without parole. The execution of juveniles for the crimes they committed when they were under the age of eighteen is a huge issue that the Supreme Court has had to deal with. It all started out in 1972 with Furman vs Georgia when the Court ruled that life without parole did not violate the eighth amendment of the constitution. Throughout the years there have been many different opinions about the situation. The majority of supreme court justices believes that it should not be mandatory to sentence a juvenile to mandatory life without parole for committing crimes but the other minority argues to retain it. I agree with the majority of justices who argue that sentencing a juvenile to life mandatory life without...
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...of fourteen years old fatally stabbed his stepbrother, Michael Barton who was seventeen years old, after their horseplay escalated after Michael hit Quantel with a blow dart and Quantel responded back with a toy bow and arrow. The horseplay then became much more serious when the fight got heated and Quantel picked up a knife and stabbed Michael twice who later died from the injuries of those stabs wounds inflicted by Quantel. The state of Missouri convicted Quantel at the age of fourteen of first-degree murder with a life sentence in prison without the possibility of parole. The state of Missouri along with many other states do not believe it is actually cruel or unusual punishment to give such a young person a life sentence in prison without the possibility of parole: The state of Missouri considers the age at which he killed his step-brother – 14 – as too young legally to be allowed to sell fireworks, donate blood, leave school, have a tattoo without parental approval, get married, and consent to sex, work unlimited hours, be licensed as a barber, work as a cosmetologist or manicurist, or enter a contract. It was not too young, by state law, to be tried as an adult and sentenced to remain incarcerated forever. (Pilkington, 2012) According to several articles, Quantel Lotts early years of childhood in a St. Louis neighborhood was filled with abuse, neglect and uncertainty so he never learned what exactly a “normal” life was or how to behave in one. He grew up in a crack...
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...While searching for a recent Supreme Court criminal case, I came across a recent Supreme Court ruling of a case that involved the decision of whether or not it is unconstitutional to impose a mandatory life-without-parole sentence on someone who is under the age of 18 at the time the crime is committed. The case that was brought to the Supreme Court, and that ultimately led to the decision that, yes, imposing mandatory life-without-parole onto a juvenile is unconstitutional, was the case of Miller v. Alabama. In the case of Miller v. Alabama, on the night of July 15, 2003, 14 year old Evan Miller committed a murder and then preceded to set the home on fire of where the murder was committed. He was charged with and convicted of capital murder in the course of arson and given the mandatory sentence of life without parole. What interested me about this case as well as the resulting Supreme Court ruling due to this case, is the fact that it deals with the issue of giving juveniles adult sentences. I personally do not believe that anyone who commits a crime whilst under the age of 18 should receive mandatory life without parole or death sentences, so I am in favor of the new Supreme Court ruling. However I am not saying that just because you are under the age of 18 that you should be let off easy. I still think that some harsh punishment and strict supervision is in order, just not as harsh as the punishment that would be given to adults. Children lack maturity compared...
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...As time changes so does the laws for the United States and a critical debate the supreme court has to face. By abolishing mandatory life in prison for juveniles who commit serious degree murder. Now these are reasons why I agree with abolishing this system of juveniles life sentences without parole. I believe these youngadolescents commit crimes because of their environment, the tech/media and the brain not being fully developed. Totally agree with the majority of supreme Court to abolish mandatory life in prison for juveniles who commit murder. The reason why is because many of these young adolescents struggle with life while growing up through their early teenage years. Their actions are what clearly signifies the consequences they commit....
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...Since the 1890's, Americans have recognized that children who commit crime should be treated differently than adults. That separation has been eroded significantly since the 1980's and 1990's when the violent crime rate was very high. More recently, with neurological evidence of immature capacities of adolescents, we again acknowledge the differences between youth and adult offenders. Perhaps it is time for another period of reform in our juvenile justice system. When punishing crime there are four goals that can be achieved: retribution, rehabilitation, deterrence, and incapacitation. The modern adult criminal justice system focusses mainly on retribution and incapacitation. As a society, we want to be "tough on crime" so we have all but...
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...concept of the jail and prison system. This paper will conclude with an outline of what I might do if I were in charge of recommending a correction plan for my community. I think it is important, also, to realize that if it were not for the new prison systems, then we, as a nation, would not have grown as much as we have and the nation in its entirety, would essentially fail. Corrections is a wonderful system that only helps the world, in most cases. “Community corrections are sanctions imposed on convicted adults or adjudicated juveniles that occur in a residential or community setting outside of jail or prison (NIJ, 2014).” Community corrections is a community based program setup for nonviolent offenders. These programs are not the same as probation. However, those who receive this sentencing may also serve time on probation. Community correction and probation have the same concepts, which is a court ordered suspension in lieu of a prison sentence. The difference is that the individual will spend no jail time and will be placed on community based supervision. These individuals who are on community correction may have to undergo extensive and intensive treatment and supervision. For example, Kirkholt (England) Burglary Prevention Project, which is functional family therapy (FFT) which is geared for the...
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...unnecessary lawsuits. Last but not least, I would also try to keep industry within the prison. The industry will not only teach the inmates responsibility, but it will also give them the opportunity to learn job skills that they could use to provide an honest living for themselves once they are free. By giving them these skills could also prevent them from return back or even continuing to live their life committing crimes. It has been proving that with, “some good fortune, expertise in a particular industry can mean the difference between unemployment and a steady job”(Groh, 2013). Abolish parole draw a lot of attention when it came to whether or not parole work. We first must understand what Parole is. Parole is considered to be “the conditional release of a prisoner, prior to completion of the imposed sentence, under the supervision of a parole officer”(Schmalleger & Smykla, 2015). “We infer that parole probably has several purposes, not least of which is to save money for the state by freeing up prison places by releasing prisoners early”(Ellis & Marshall, 2000). “It can also contribute to maintaining order or control in prison, by offering an incentive for good behavior”(Ellis & Marshall,...
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...Laurie Mosley Ethics Mrs. Kauffman May 30, 2015 Juvenile Capital Punishment The youngest offender ever executed in the United States was James Arcene, a ten year old Cherokee, who was hanged in Arkansas in 1885 for participating in a robbery and murder (James Austin, 2000). Juvenile capital punishment has always been a highly controversial and publicized matter. As a society we recognize that children, those under eighteen years old, cannot and do not function as adults. Because children do not function as adults, the law takes special steps to protect children from the consequences of their actions and often gives them a second chance. The law prohibits people under eighteen years old from voting, serving in the military, and serving on juries. Majority of the criminals are male offenders over twenty years old, but this is changing rapidly. Not only are adults committing capital offenses, but children who are under eighteen years old are committing such heinous offenses. A child that commits a heinous crime is not mentally capable of comprehending the crime he or she commits. The system of values in the age under eighteen is not built yet, other people can easily influence children, and the psychiatric processes are not yet stable. Under these conditions a child should never be sentenced to death or a life in prison because their mind is not fully developed. Children still have a chance to change and be rehabilitated. ...
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...“original jurisdiction” actions, cases from state courts, and cases brought up of reviewable decisions made in federal appellate or district courts ("Supreme Court Historical Society ", n.d.). The case being used for this paper has two separate cases involved, but I will only be using one as a reference. The two cases in which were brought to the United States Supreme Court together are very similar and involve teens being given life sentences without the possibility of parole for committing murder. The United States Supreme Courts case number is 10-9646, Miller v. Alabama. This case was brought to the United States Supreme Court on 20, March 2012, involving two fourteen year old boys, whom were found guilty of murder in two separate cases, and also from two separate states, one being Alabama and the other being that of Arkansas. With in each of these cases one of the boys did the killing and in the other the boy was an accessory to murder. Each boy was sentenced to a mandatory term of life imprisonment without the possibility of parole. One case involved a burglary that ended with the store clerk being shot and killed, while the other involved a case of arson. These cases outlined will test the Supreme Court’s past rulings in the determination of teens not being small adults and...
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...Juveniles should not be imprisoned for life without the possibility of parole! In the Frontline documentary “When Kids Get Life” we are introduced to 5 cases in Colorado where teenage boys had been sentenced to life in prison without the possibility of parole. Over 2,200 juveniles have been convicted of crimes and sentenced to life without parole in the 46 states of which have judicial waiver laws. Nathan Ybanez, Trevor Jones, Jacob Ind, Erik Jensen and Andrew Medina are the teenagers profiled in the documentary. The documentary shows five cases that dealt with felony murder. “The rule of felony murder is legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally...
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...Rehabilitation Process Paul Wall CJA/234 – Introduction to Corrections November 18, 2013 Instructor- Barry Lewis Rehabilitation Process Rehabilitation is a vital part of the criminal justice system process. The ultimate goal for any convicted offender is to return to society a better person. There are several options in the prison system when it relates to a prisoners release such as parole, and mandatory release. Probation and community corrections are both options judges have at his or her disposal during the sentencing process. Current rehabilitation options, the parole process, the probation system, and community corrections are areas that often need to be reviewed or critiqued. Because the rehabilitation process is the most critical portion of an inmate’s life in prison, officials need to review every program to ensure its value and substance. Rehabilitation in Prison Each inmate will began the process in which he or she begins to improve him or herself. Rehabilitation is a programmed effort to alter the attitudes and behaviors of inmates and improve their likelihood of becoming law-abiding citizens again (Seiter, 2011). When a person is rehabbing, he or she is trying to obtain the personal qualities and character traits once contained before the life of crime. Some of the modern rehabilitation programs main objectives is to make the offender an even better person than he or she was prior to committing crimes. The origins...
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...Juvenile Crimes and Social Deviance Juvenile crimes have been decreasing since their all-time high in 1994 however the nature of their crimes had been drastically changing for the worse. Social deviance is defined as actions and/or behaviors that violated social norms. Over the past few decades many children have desired to be deviant while others have been forced into it. Petty crimes are becoming more common in today’s society, which is causing kids to have to go to more extremes to be deviant and thus resulting in more severe reactions to this behavior. The cause of juvenile violence is frequently related to one of two things; the child was exposed to violence when they were young or they are trying to fit into a deviant crowd. In 2008 approximately 10% of the children under 18 had been injured in an assault, 46% had been assaulted and 60% had been exposed to violence and/or crime. (Crime Solutions) Children who have been exposed to violence when they were young are more likely to commit crime when they are older. Children who were younger than 12 when they were exposed to the violence or crime are the most likely to commit crimes later in life. (United States Department of Justice) Children who face violence at home are also more likely to become a runaway, which makes it much easier to run into the wrong crowd. There is an increasing amount of children in abusive homes who end up trying to become vigilantes towards the abuser in order to make the abuse stop...
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...First of all, juveniles should not be tried as adults and punished with a sentence to life in prison because of their immaturity and the inability to take up their responsibilities. As Elena Kagan stated, “Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features.” A juvenile is defined as child or teen at age 18 or younger, who is not yet old enough to be regarded as an adult. Studies show that human’s brain is not fully developed until an age of 25: “In fact, recent research has found that adult and teen brains work differently. Adults think with… the part of the brain that responds to situations with good judgment... Teens process information with the amygdala. This is the emotional...
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