Juvenile Justice Elena Kagan Case Analysis

We have seen today in society of how crime rates have been rampant and how statistics show that most of the crimes were being made by minors. I believe that when most of them look at the bottom of these young offenders come disproportionately from impoverished single-parent homes that are located in the neighbourhoods desinvertido and have high rates of learning disabilities, mental health, and substance abuse and problems with the help of the system of juvenile justice that can make a great return on a successful transition to adulthood. Their ages ranged from 20 and under, most are under fifteen years of age. Juveniles tried as adults must assume the same consequences as any other criminal and are subject to state prisons with inmates much higher and that have probably committed crimes much more tortuous then you could ever have. These minors between the ages of nine to twenty according to the offence committed or of the number of times that are prosecuted and believe that it is immutable.

The article “ Juveniles deserve life sentence” by Gail Garinger is more affective than Jennifer Jenkins argument, for the reason that Ms. Garinger is a juvenile court judge who has withness many cases than jenkins. For that reason it make her a credible source to her own argument. Ms. Garinger and Ms. Jenkins do have some of the same features in their arguments. Even though both articles have different perspective of the topic. Garinger article states that “ As a former juvenile court judge , I have seen first hand…..”

In the documentary “When Kids Get Life” by Ofra Bikel we see five men who were sentenced to life in prison for committing crimes in their teens. We hear the stories of how it happened, why it happened, and what life is like for them today. This documentary sheds light on the battle that juveniles face when they commit crimes and the judicial system. This documentary relates heavily in the material we learn because although it is about teenagers who receive life in prison, the judicial system plays a key role.

In July 2014, the United States Supreme Court issued that mandatory life-without-parole sentences for minors (seventeen and younger) convicted of homicide is unconstitutional in a five to four vote (2). The Court struck down statutes in twenty-nine states that provide a mandatory life-without-parole sentences for children (2). The lower courts are now instructed to conduct new sentence hearings where judges will have to take into account the individual characters, circumstances, age, and the events surrounding the crime (2). The court did not ban juvenile life without parole in all circumstances

Though the system will maintain rehab as a primary goal, it distinguishes itself from the criminal justice. With a number of exceptions, in most states delinquency is outlined because the commission of a criminal act by a baby World Health Organization was underneath the age of eighteen at the time; most states conjointly enable youth to stay underneath the oversight of the court till age twenty one. In part of jail, court judges draw from a spread of legal choices to satisfy each the protection wants of the general public and therefore the treatment wants of the youth. When the juvenile 's case gets to court, the case is adjudicated, and a disposition is handed down. Records from juvenile courts are sealed documents, in contrast to adult records that are accessible by anyone underneath the liberty of data Act.

In today’s society of the United States Supreme Court has verified that vicious crimes committed by juveniles should always be punished with a life sentence in prison because of the violation of the Eighth Amendment. The Eighth Amendment is stated,” Prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment.” Life in prison without parole will cause juveniles to fail there own trust, immaturity, and will stay in prison with no help. Is it the juveniles fault of ending up in prison? Is it there daily life style at home?

The age of the offenders continually decreases, and the brutality of the crimes seems to be increasing. Cameron Williams, age sixteen, celebrated his 16th birthday behind bars (Khan). This young man had been convicted of shooting a police officer who was chasing him around after he had been pulled over by the officer. Williams previously had charges of robbery and assault, also. “Even though he is a minor, Williams was charged in an adult court because of his troublesome history and the "serious nature of the crime," the county attorney's office said.

There are many children who recommit the crime after they are released from juvenile detention, and the ones released from jail are less likely to the crimes they did before. If the children are tried in adult court they are more likely to be sentenced to periods of incarceration. If a child is tried in adult court or in criminal court depends on what the crime was and how old the person offending was. The children who commit serious that aren’t tried in criminal court often reoffend and end up back where they were

There are more than 2,000 child offenders serving life without parole sentences in United States prisons for crimes committed before the age of 18 and Lolita Barthel is one of them. The United States is one of only a few countries in the world that permits children who commit crimes to be sentenced to prison forever, without any possibility of release. Only eight states in this country Alaska, Colorado, Kansas, Kentucky, Maine, New Mexico, New York, and West Virginia and the District of Columbia prohibit life without parole for youthful offenders. Unfortunately, adolescents, like adults, commit horrible crimes and make terrible mistakes. And, like adults, they should be held accountable but in accordance with their age, stage of development, and greater capacity for rehabilitation.

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.

There are five ways in which a juvenile can be prosecuted in adult court. One way is through a judicial wavier, this is allowed in most states, where judges have the discretion to have a youth’s case tried in the adult criminal court. The second way is through statutory exclusion, twenty-nine states automatically require a juveniles’ case to be tried in the adult court based on the age of the youth and/or the alleged crime. The other three ways are allowed in fewer states and include direct file or “prosecutorial discretion” where juvenile court judges the decision to have a youth 's case tried in the adult criminal court. There also mandatory waivers in few states which require juvenile court judges to automatically transfer a youth 's case to adult criminal court for certain offenses or because of the age or prior record of the offender.

In 2012, the Supreme Court ruled that it is immoral to give juveniles life sentences, even if they commit a crime as serious as murder, because it is a cruel and unusual punishment. This has been an issue in America as teenagers are often treated as adults in court due to a belief that their crimes warrant a harsh punishment. Many believe that these kids should not be given such major sentences because they are still immature and do not have the self control that adults do. I agree that juveniles do not deserve life sentences because they put less thought and planning into these crimes and they often are less malicious than adults. The article “Startling Finds on Teenage Brains” explains that the teenagers lose brain tissue that is responsible for self control and impulses (Thompson 7).

There are certain instances of juveniles being tried as adults and sometimes ending up getting a life sentence without a chance of parole. I find that pretty harsh because there have been some cases where the juvenile meant no harm, they were either confused or brought along by gang members and they end up being charged along with the gang members for just being with them when a crime goes down. I believe that juveniles do not deserve to be given a life sentence because for one they are still maturing, they can learn from their mistakes and make amends, we still have to combat crimes like intended murder committed by a juvenile with extreme punishments especially if they are well over the age of 16. In the article published by the New York Times on March 14, 2012 “Juveniles Don’t Deserve Life Sentences”, Garinger discusses that juveniles deserve a second chance since their brains are still developing.

Crimes are happening around us whether we pay attention to them or not. Those crimes as dangerous as murder are committed by all ages but should younger criminal in their juvenile age received the same punishment as older criminals. On June 25, 2012, the Supreme Court ruled that juveniles committed murder could not be sentenced to life in prison because it violates the Eighth Amendment.(On-Demand Writing Assignment Juvenile Justice) Advocates on the concurring side believes that mandatory life in prison is wrong and should be abolish. However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age.

Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.