The exact definition of a juvenile is a “young person” who has yet to reach their 18th birthday. The average life expectancy of someone living in the U.S. is about 79 years old. Proposition 21 requires juveniles to be viewed and tried as adults, including receiving adult punishment such as a life sentence. If a juvenile receives a life sentence before they reach adulthood, more than three-fourths of their life is gone (“California Proposition 21”). Juveniles don’t even have a fully developed brain and as a result, can’t fully understand the circumstances that they find themselves in.
The disposition of juvenile crime is based on the least detrimental alternative. One major issue in juvenile disposition is utilized in indeterminate sentencing. This allows the judge to set a maximum sentence for the juvenile. Many cases juveniles are monitored during their sentencing and are released only if the judge is satisfied that they have been rehabilitated or at least until the maximum sentence is served. Introduction
Roper v. Simmons is considered a landmark case and is one of a handful that shows a new direction in granting some relief from what has been established as harsh “adult” punishments for juveniles (Elrod & Ryder, 2014). In fact, many studies are showing that the differences between adults and juveniles are quite significant (Elrod & Ryder, 2014). The courts are realizing that these differences must be taking into account when dealing with juveniles in the criminal justice system (Elrod & Ryder, 2014). However, that being said, change does not occur overnight, and for the unforeseeable future, juveniles will still continue to be waived into adult courts (Elrod & Ryder, 2014).
In the United States the justice system involves both the criminal and the juvenile justice system. Juvenile justice system is particularly for children below 18 years of age, while the criminal justice system is for the adults as described by Steinberg, Laurence, and Scott (1009). In the juvenile and criminal justice systems, both individuals are covered by privileges against self-incrimination though are treated differently in custody. For the juvenile offender, a crime committed is generally viewed delinquent, that is the child is neglectful of misdeeds.
4. The fact is that considerable similarity exists between the juvenile and adult justice system. Both consist of three basic subsystems and interrelated agencies. The flow of justice in both is supposed to be from law violation to police apprehension, judicial process, judicial disposition, and rehabilitation in correctional agencies.
A Bureau of Justice Statistics conducted a study in 40 of the nation’s largest urban communities. “It was found that an estimated 7,100 juvenile defendants were charged with felonies in adult criminal court in 1998. Of these 40 county criminal courts, juveniles were 64% more likely than adults to be charged with a violent felony. These juvenile defendants were generally treated as serious offenders, as 52% did not receive pretrial release, 63% were convicted of a felony, and 43% of those convicted received a prison sentence. States have expanded the mechanisms by which juveniles can be charged in criminal courts.
A key to providing appropriate punishment across a wide range of cases is the transfer process. In some states, judges decide whether to grant the state’s request to move a juvenile to adult court; in others, removal is automatic for certain specified crimes, usually murder. This is how we separate out those few crimes committed by juveniles deserving of adult trial and punishment. Bound over to be tried as an adult on crimes that are seemingly to be committed by adults, but yet are carried out by juvenile offenders, also.
When teen felons choose to act without thinking, they are putting other people’s lives at risk. They need to be charged as adults because the victims of the crimes will not be given the justice they deserve when they have to worry about that criminal harming them again. Although some people think that sending a juvenile through adult court gives them no hope, they should have given this a little thought before committing the crime. Teens need to think about the consequences and how their actions affect others before they act. When choosing between putting a violent adolescent in prison and taking the chance of letting them commit that crime again, it is most suitable to let the teen be tried as an adult and to place them in prison.
Adolescent minds are the most intelligent kind of mind. A young brain is filled with creativity, imagination and innocence. Though the thought process of a teen is assumed to be selfish there are other factors involved. A combination of these characteristics seems almost dangerous. One would undermine a juvenile to use these qualities to manipulate the court for their own selfish wishes or pleasures.
In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
There are differences between a juvenile court and criminal court in the United States. The focus of the juvenile justice system is on rehabilitation, in hope of deterring the minor away from a life of crime so they will not commit a crime again as an adult. In contrast, the criminal justice system focuses on the punishment and often bases the sentencing outcome on the criminal history of the youth. In a study conducted, Butler (2011) showed that the participants’ experience with adult jails and prisons show that those facilities may instill fear but are otherwise emotionally—and often physically—dangerous for youth. Many of the adult prisoners, who were minors when they enter the adult institution, felt they were forced to “grow
“The court consistently held that children are entitled to the same due process as adults. With that understood, however, the Court has also consistently held that, from a developmental standpoint, youth are different from adults, which greatly impacts how courts should treat them in a whole host of areas, such as waiver of rights, culpability, and punishment” (National Juvenile Defender Center). This shows that the juvenile delinquent cases before In Re Gault were not highly regulated. The Court believed that handling juveniles needed to be very different from the way the courts handle adult cases. In Re Gault changed that.
Teenagers are not perfect, and their irrational behavior can lead to poor decisions that could potentially be dangerous and unlawful. A debate has now occurred for many years that deals with the issue of sentencing teens that have committed serious crimes such as murder and robbery. Many people argue that if juveniles commit these crimes that their punishment should be equal to an adults punishment for serious crimes, but juveniles shouldn’t have to worry about their lives getting ruined. Most juveniles and teenagers do not have enough maturity to survive in the adult prison system, and recent brain development research shows us that teenagers brains are not even close to being finished developing. Therefore, teenagers and youth under the age of eighteen should