However, indeed, there are many problems of a wider context that are often ignored. Rape or other sexual abuse are not simply located in the sexuality aspect but also other problems which people are unaware of. Regarding the limitation of the vantage point of crime, the idea of social harm arises and the approach aims to redirect the focus from blaming the individual to the harms due to the current policies and what could be done to minimize future harms (Dorling et at,
Many people have disregarded the fact that children too can commit despicable crimes; crimes that not even adults would think about committing. Juveniles have had their era in in being able to manipulating courts to give them a lighter sentences for their so-called “mistakes”. These juveniles have made puerile excuses to try and exonerate their actions by blaming their impulses, rather than taking accountability for them. Juveniles should be tried as adults due to being aware of their crimes and having an intention to kill, however, brain development and maturity can play a role into the reason why teens kill. With being tried as an adult juveniles should be granted the opportunity of freedom pending on their rehabilitation status and if requirements
Children have been found to experience much higher levels of communication difficulty in the criminal justice system and this diminishes their ability to give evidence with the coherence desired by the court to facilitate prosecution of crime. In the case of R-v- Green youth court, the court held that There was no absolute right for a defendant to be allowed to face his accusers. Special measures to protect a vulnerable or intimidated witness from the accused would not normally be applicable to a defendant witness, but other means were available to a court to assist a defendant in ensuring that where he had communication difficulties, his case was put across properly. The court had an obligation to achieve fairness in each particular case, and that requirement was met by the system. This application was dismissed but the ruling gave critical understanding that a child under 17 years qualifies to be a vulnerable witness if they have communication difficulty and vulnerability was more circumstantial than mere age Planning is very crucial in remediating the challenge of vulnerability and it largely hinges on early identification.
Many people blame the government’s lack of effort into these laws. For example, the Child Protection Act and various articles of Venezuela’s penal code can be used to prosecute internal trafficking of minors, but many of these statutes carry extremely low penalties, mostly fines. Instituting more stringent penalties would improve deterrence of trafficking crimes against children,
There are many concerns that surround sending youth to adult court for committing violent crimes, with the argument that these juveniles are not fully in control of their actions. The sympathetic approach towards maturity and situations, has been the juvenile justice systems only approach to juvenile crimes. Time and time again juvenile courts continue to push the idea of rehabilitation through the use of counseling and in some cases detention homes, hoping that the resources given to these youth give them enough more support within the system rather than punishment. Despite ones home situation and upbringing, juveniles should be held accountable to determine the difference between right and
Even though a misdemeanor is defined as a lesser criminal act and comes with less severe punishments, criminal defense lawyers urge clients not to take misdemeanor charges lightly. The criminal justice system is often unpredictable, but Buntin, Etheredge, & Fowler, LLC in Dothan, AL, wants to help. Here are three reasons to hire a criminal defense attorney if you are facing misdemeanor charges: If You Don’t Have A Record: There are programs in place that may help with a dismissal of charges for those who do not have a criminal record. An experienced criminal defense attorney will help determine if you are eligible for such a program. If You Do Have A Record: If you already have a criminal record and are facing a misdemeanor, you could be
Juveniles this age don’t even have a fully developed brain and also can’t fully understand the circumstances they’re in. Juveniles can be good kids inside and out, but if they somehow manage to be involved in a heinous crime, they suffer the chance of being incarcerated for up to life. With that being said, courts should not be given the power to grant juveniles with adult sentences because the environment around adult prisons are far too violent for people under the age of 18, therefore, proposition 21 of 2000 and other sentence enhancements should be abolished to lessen the severity of juveniles’ punishments and instead give them a bigger chance at rehabilitation. When juveniles receive such harsh sentences, such as sentences adding up to the majority of their life in prison or their life as a whole, more often than not they tend to lose hope. They really don’t have much to look forward to.
In the article, “On Punishment and Teen Killers,” Jenkins tells us that teens don’t have their brain well developed, so they need to act in a mature matter in a way they don’t cause any more trouble. The quote states, “But this actually disproves juvenile advocates’ reliance on the “underdeveloped brain” argument. If brain development were the reason, the teens would kill at roughly the same rates all over the world. They do not. Advocates often repeat, but truly misunderstand brain research on this issue”(Jenkins).
In terms of police interrogations, juveniles don’t have many rights. In terms of the constitutional protection, juveniles are protected by, 14th amendments test for voluntariness of confession under the totality of circumstances clause, the sixth amendments right to counsel, and the fifth amendments privilege against self-incrimination. In cases such as Haley v. Ohio and Gallegos v. Colorado, the courts decided that ones age, the time of the questioning, and the absence of a legal parent/guardian or a lawyer without waiver of these rights results in confessions that are involuntary and unconstitutional. Those are just some of the rights given to juveniles though. These rights don’t nearly compare to those rights in adult courts, but unlike
Juveniles should not be tried and condemned as adults because they do not have the capacity to perceive what is good and bad. There has been a lot of controversy towards the subject of juveniles in the Court Justice System because many feel that juveniles are to young to be entangled with the law. People need to consider the possibilities of what the Juvenile Justice system can do to help and rehabilitate these delinquents instead of sending them off to an adult court to be tried as an adult, even though they are minors. When Juveniles are tried as adults, people do not know what type of person is being sent to jail and what type of person they are going to release into society later on. In the end Juveniles should not be charged as adults.
It opens doors for them to become unresponsive to necessary treatment. This leads to a bigger problem. Keeping them with their peers gives them a better chance of being rehabilitated. Influence plays a major part in juvenile’s rehabilitation. Sending a teen to adult jail is not the answer.
The arrest and intake is also quite a complicated procedure, which becomes particularly difficult when a juvenile offender is involved. In fact, law enforcement agencies have limited opportunities to arrest a juvenile and hold him or her in jail as is the case of adult offenders. The main point is to put juvenile offenders under the control, whereas adult offenders are often restricted in their freedom being under arrest and intake. In fact, the main difference in the arrest and intake procedure between juvenile offenders and adults is that juvenile offenders are unlikely to go to jail, whereas adult offenders can be detained and kept intake, if they represent a threat to the public