...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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...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 as an adult as immoral, despite the crime committed...
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...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 adolescent and adult impulse control...
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...Juveniles convicted as adults: Unconstitutional How does placing a child in an adult prison, where they risk sexual abuse that eventually leads to suicide, teach them a lesson? Juveniles, who commit serious crimes, are usually seen as convicts or criminals who should pay the price of what they committed even if that means sentenced as an adult and occasionally with no parole. Some of these juveniles who are being tried as adults suffered from psychological traumas caused at home by their parents or own family members. People need to know what can be done to prevent these crimes. Placing a juvenile in an adult trial is unconstitutional and is abusing their rights. Many of the juveniles prosecuted as adults are placed in adult jails pretrial, where they are at risk of harm, abuse and suicide. People need to understand the importance and dangers of incarcerating a child in an adult correctional facility. The administration of justice should implement meaningful juvenile justice reforms such as, rehabilitation centers, counseling, and they should correspondingly perform psychological test before being prosecuted in an adult trial so the U.S can uphold the dignity and human rights of our children and ensure that no child in our nation is considered a throwaway person. Juvenile crime rates soared in the mid- 1990s, and that is why every state initiated strict laws against juveniles and began incarcerating minors as adults. That high rates of juvenile delinquency dropped quickly...
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...The law is categorically clear on its purpose to punish offenders. It aims to rehabilitate them and give them another chance that would make them better people. Juveniles, as described by the law, refer to those underage offenders facing the law for crimes. In a bid to decide the nature of punishment that these people get for their crimes, consideration of their age and ability to withstand conditions in the areas of incarceration for adults provides the necessary grounds under which the law decides the position under which their crimes are tried. Each state provides different approaches to handling juveniles concerning the nature of their crimes. Discretionary waiver refers to a method in which a young offender is passed to have them tried...
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...|Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions Report, December 1998 Patrick Griffin Patricia Torbet Linda Szymanski National Center for Juvenile Justice Shay Bilchik, Administrator Office of Juvenile Justice and Delinquency Prevention [pic] Table of Contents Office of Juvenile Justice and Delinquency Prevention Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in...
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...Should Juvenile Offenders Be Tried and Punished As Adult Offenders? Steven W. Eudy Columbia Southern University EH 1020: English Composition II Professor John Willey February 28, 2011 Abstract In America, it seems as though the crime rate grows on a daily basis. While the crime rate continues to grow so does the number of juvenile offenders that are involved in criminal activity. Since late 1980’s, the number of juvenile arrests, has risen steadily and has continued to rise every year since then. With juvenile offenders committing the same crimes as adult offenders, it seems as though the juveniles should be tried and punished to the same extinct as the adult offenders that commit the same crimes. Juvenile courts have been put into place to handle the trials of juveniles and are used for guidance rather than punishment. Juvenile courts were introduced as a method to keep juveniles out of the adult courts until the age of 18, which defines a juvenile as an adult. As the crime rate continues to grow and more juveniles continue to commit adult crimes or serious violent crimes, will the juvenile court system be adequate for juvenile trials and enacting punishment for crimes that are committed by juveniles? Should Juvenile Offenders Be Tried and Punished As Adult Offenders? In law a juvenile is defined as a person who is not old enough to be held responsible for criminal acts. In most states and on the federal level, this age is set at 18 years. For example...
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...Should Juveniles Be Tried As Adults Hope Penson Effective Essay Writing/ Com 150 March 28, 2010 Instructor: Brandy W. Kreisler Should Juveniles be tried as Adults? The United States is the world leader in convicting children as adults. Unfortunately once a child is charged as an adult the likelihood of a fair trial is very small. Over the past 30 years there have been changes in many states laws which have led to a dramatic increase in the number of juveniles tried as adults and housed in adult jails and prisons. These get tough laws have made it easier for more and younger juvenile offenders to be prosecuted in criminal court. The purpose of juvenile court is to treat, not deter. Changing the social environment in which juveniles live is a more effective way to reduce juvenile violence than punishing the juvenile offenders in adult courts. The premise of the juvenile court is sound since children have not filly matured, they shouldn’t be held to the same standards of accountability as adults. In some states certain juvenile offenders are automatically tried as adults. Even though juveniles are committing serious crimes at an alarming rate they are not being reformed because juveniles being charged as adults do not comprehend the nature of their crimes. What is America to do? Is charging them as adults reforming them or contributing to the problem once they return to society. The Illinois Juvenile Court...
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...06/13/2013 Juvenile justice in Virginia is based on the Juvenile Justice and Delinquency Prevention Act, which was passed in 1974 by US Congress. It stated that all states should provide the best rehabilitation for people who are too young to bear criminal responsibility for their actions (US Dept. of Justice, 1974). The Virginia Department of Juvenile Justice has a set values statement, which determines the attitude to juveniles in criminal justice and respectful treatment provided by law enforcement officers to them. Juveniles in criminal justice are Virginia are treated as a specific group and have extended rights compared to adult offenders. Juveniles have their correctional centers and detention facilities, but the maximum sentence there cannot be too long because Virginia has not enough bed spaces to detain all juveniles who have problems with the law. The values of knowledge, respect and effective communication are realized in addressing juvenile cases in the court. Juvenile court is represented by Juvenile and Domestic Relations District courts in Virginia. However, there are certain cases when juvenile offenders can be tried in criminal court. According to Powers (2009), previously juvenile cases were heard in juvenile courts only. It was extremely difficult to transfer the case of juvenile offender (even the most violent) to the adult court. The latest US tendencies show that all states are trying to make the process of transfer easier...
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...child commits a crime do they instantly become an adult? Do they continue with the innocuousness of childhood, despite the gravity of his or her actions? Nearly three thousand juveniles have been sentenced to life of imprisonment with no chance of parole (children in prison). Typically without any consideration of their home life, age, or background. This is cruel, wicked, sad, and barbarous. Juveniles should not be tried as adults because, everyone deserves a second chance, the adolescent brain is not fully developed until the age of twenty-five, and children are fixable. Everyone deserves a second chance to make the right decisions and to try become a better person. Juveniles should be given the second chance to reflect on what they have done and not be put in a jail cell. They are just starting their lives, this will affect everything they strive to do. Trying to go to college, get a job, or start a family. A juvenile is a person who is under the age of eighteen, that is not enough time to even know who you are yet, to see your potential. Some of the kids that are being tried as an adult today aren't even old enough to drive, let alone start their high school careers. They are just little kids that have went down the wrong path and need some guidance. It is proven that...
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...Should We Eliminate the Special System of Juvenile Justice? Juveniles are considered children under the age of eighteen (18) or sixteen (16) in some states. During adolescence years, children are still trying figure out what is physically happening to their bodies, cope with peer pressure as well as their own emotions. Preteens and teenagers are dependent upon their parents or guardians for direction in teaching them about not handling something that is dangerous or getting them to understand that our actions have consequences, whether good or bad. For reason of juveniles lacking the mental capacity of an adult, they are still developing physically, and they should not be penalized forever for their actions; therefore, we should not eliminate the Special System of Juvenile Justice....
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...minors and them being tried as adults. The reason behind my choice involves the number of increased crimes that have been committed by minors. There are many opinions 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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...Juvenile delinquency is the act of criminal behavior by juveniles (usually someone under the age of eighteen) who can’t be prosecuted as adults. There is no clear way to fully prevent juveniles from committing crimes, just like there’s no way of stopping all crimes in adults. The purpose of trying juveniles in a separate system is to provide them with education and rehabilitation in hopes they won’t continue the criminal behavior as an adult. Statistics and studies in the last decade have proven that there are many successful ways of preventing crimes in our youth, and it not only involves parents but mentors in our schools and communities. A 2008 study estimated that over 60% of children in the United States were exposed to violence, crime or abuse within that year. (Finkelhor, 2011) Regardless of whether it occurred in school, at home, or somewhere else, it just shows the huge effect that criminal behavior has on us at an early age. Although most of these crimes are surely not serious, juvenile offenders were known to be involved in 8% of all homicides in the United States in 2010. (OJJDP, 2012) It’s impossible to determine the motive of every single juvenile who commits a crime, just like it’s impossible to determine the motive of every adult. There are, however, many factors that may influence a juvenile to commit a crime. Studies show social and cultural factors play a big role when it comes to determining why juveniles commit crimes. Poverty might cause a child to steal...
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...Pros and Cons of the Juvenile Justice System Under most state laws, juvenile offenders do not commit "crimes", they commit delinquent acts, and some of these acts would constitute as crimes if committed by an adult. The trial phase of a juvenile case is called an adjudication hearing. This is when the judge hears the evidence and makes a determination whether the child is delinquent or not. The court may then take whatever action it deems necessary to be in the child's best interest. The purpose of the juvenile court is to rehabilitate, not to punish. However, the clash point in this debate is whether juveniles are mature enough to handle the consequences of their actions and as well be punished more severely in adult courts, if they commit more serious crimes. One of the basic problems and source of this debate is determining where to draw the line. A crime is still considered a crime, no matter who commits it. That is the attitude of many in this country that leads to the question of whether or not the whole juvenile system should be discarded and allow the judicial system of criminal courts to try both children and adults under the same law, with the same rules. Here are a few points that will help elaborate on why eradicating the juvenile system might be considered a bad idea. On most occasions, we'll find that the kids who have committed a crime are as young as 9 and 10. It is an understood and even proven in facts that a child at an age like this, dose not have the...
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...Hunter Jenkins K. Turnage English 112 24 January 2015 Abstract Do you believe that juveniles should ever be tried as adults? If so, in what situations and why? That question that was put forth to fifteen different people in a survey. Along with the survey, several articles related to the question were researched This survey and the research on the articles was done in order to gather enough information to present both sides of this issue. The results show that almost all of the fifteen people had very similar responses. The articles that were relative to this question offered very good arguments for both sides. Fourteen of the fifteen people surveyed immediately responded by saying that it all depended on the seriousness of the crime committed. For the more serious crimes such as murder, rape, and any other crime that results in the victim being harmed, it was almost unanimous that yes, the juvenile should be tried as an adult. The results of the survey showed that fourteen out of the fifteen people felt that an individual capable of committing such crimes should be tried as adults. Should Juveniles Ever Be Tried as Adults? There has been much research and discussion regarding this question. There are many people who feel as if juveniles should be tried as adults, and likewise, there are many people who feel that juveniles should be tried only in juvenile courts. It is a question that requires much research in order for somebody to reach an intelligent decision. This...
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