Children are considered to be the greatest national asset and reserve. Children should be given opportunity to be grown as enthusiastic citizens, physically fit, mentally alert and morally healthy because they are gifted with skills and activations needed by the society. All children must be provided equal opportunities for development during the period of their growth to reduce inequality and guarantee social justice, which in turn would serve as a helpful tool to restrain delinquency in juveniles. In a society child is expected to be obedient, respectful but due to various reasons he does not follow settled social and legal command.
Now days, juvenile delinquency has become most important subject matter of criminology. Delinquent behaviour
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In other words juvenile is a child who is alleged to have violated some law which has been declared as an offence by the law of the land. Juvenile and minor are two different terms. The word Juvenile is used for young person who has committed some offence and minority is related to legal capacity or majority. The concept of the juvenile is different from state of state. In U.S.A., every State has different age limit with regard to juvenile because each state has the authority to determine the age of juveniles within its jurisdiction. But the majority of 52 States agree with maximum age set in the standards 1976 . Under federal government, anyone who is under 21 years of age committing delinquency can be adjudged a juvenile delinquent whereas in some other States it is under 18 years, under 17 years and under 10 years also. In most of the States there is no lower age limit set for adjudication child as a delinquent but in the Missisippy it is 10 and New York has fixed at 7 …show more content…
Different states have different age limits prescribed for juveniles like Bombay Children Act 1948 defined ‘Child’ as a boy who has not attained the age of sixteen years or girl who has not attained the age of eighteen years. The U.P. Children Act defined ‘Child’ as a person below sixteen years of age. The East Punjab Act, Andhra Pradesh (Telangana Area) Children Act also approved the sixteen years age limit. Under A.P. Children Act 1920 “child” means a person less than 14 years. Saurashtra & West Bengal defines a 'child” a person who has not attained the age of eighteen years. Haryana Children Act has also maintained this difference in defining child as a boy who has not attained the age of sixteen years and a girl who has not attained age of eighteen
The article, “The Steep Costs of Keeping Juveniles in Adult Prisons” written by Jessica Lahey states, “Juveniles constitute 1,200 of the 1.5 million people housed in federal and state prisons in this country, and nearly 200,000 youth enter the adult criminal-justice system each year, most for non-violent crimes.” Minors should not be tried as adults because their brains are not developed, they may come from bad backgrounds, and they have their whole life ahead of them, and their life should not be determined by the mistakes they made as a child. Juveniles who are usually 14 or older who have committed serious crimes are tried as adults and are put into adult-state prisons. This is inhumane and unsafe for the child’s physical and mental health. One of the many reasons that minors should not be tried as adults is because their brains are not fully developed, so they cannot make good decisions until they are older, far into their twenties.
Many other teenagers have committed crimes. The most common are: theft/larceny, vandalism, alcohol offenses, etc. Depending on the severity of the crime committed by these youngsters they could be tried as an adult. If they are tried as an adult there has been cases where kids 16, and at the youngest recorded 14, years of age
People argue that some juveniles are “too young and they don’t understand” but either way, they still broke the law and should be fairly punished. A fact stating “There are approximately 6,000 juveniles in adult jails and prisons in the United States” shows that people who have broken the law with felonies have been confined by law, no matter the age. People need to learn before they act in a similar manner, again. A similar case is a boy named Craig Price from Rhode Island who had committed multiple felonies, such as four murders and was charged as a minor, meaning he was arrested around age 16 and would get out and have his criminal record sealed at age 21. Because of this, a law was changed so that juveniles could be tried as adults with serious crimes.
The JJDP Act was created to protect juveniles, however, each state has the right to establish the age limit that they considered an adult. Essentially, each state can have their own legal defined age limit for when an individual is no longer considered a juvenile. Most states in the U.S has seventeen as the age when a person is considered an adult under the law. However, Georgia, Texas and few other states have the juvenile cut off age at sixteen and in past times, other states had it as low as fifteen (Tiegen, 2017). Inherently, this means that a young man or woman can’t be taken from family or juvenile court to adult court and taken through the same due process as an adult at the tender age of fifteen.
1. Do children/juvenile have the capacity to understand the consequences of their crimes? Are the children/ juveniles able to be rehabilitated? Answer: Juveniles are between the ages of fifteen years and seventeen years of age. So, no they should not be tried as an adult because they are not eighteen years of age.
An offense is an offense and as minors who commit brutal crimes ought to be tried in the identical ways as adults. PROBLEM EXISTS As put by a senator in the year 1997, in many places, adolescents commit as many as ten to fifteen serious offences before anything serious is done to them this fact makes the whole juvenile justice system broken and archaic (Butts & Harrell 1998, p. 7). U.S. juvenile courts handled more than 1.7 million cases involving law-breaking charges that year (Sickmund, 1997). The rationale behind this
The juvenile knows exactly what they are doing. Without question, they know what they did so it is fair that they get charged as an adult. Most of the time people know what they are doing when they commit crimes and they get charged as an adult. Even though it is up to the judge whether they are charged
If a juvenile is defined as a person under the age of eighteen can we justify trying them in as an adult? Is convicting juveniles as adults a better solution? The first juvenile
When children and teens commit a violent crime such as murder, courts convict them as adults. This means that children as young as eight have been tried as adults in court. Eventually, these convicts will be housed in jails with adults. Despite the federal law stating that juvenile and adult inmates must be separated, most states do not comply with these rules. Furthermore, a law that varies throughout the states is the age in which courts send the children to adult or juvenile prisons.
Juvenile Justice Should juveniles get treated as adults that’s one of the biggest controversy in our nation now days, with many juveniles committing crimes that are inconceivable according to their age. Judges have the last word on how to treat this young people. Many people argue that “the teens that are under eighteen are only kids, they won’t count them as young adults, not until they commit crimes. And the bigger the crime, the more eager this people are to call them adults” (Lundstrom 87). This is why people can’t come to a decision as how these young people should be treated like.
(2017). Juvenile Waiver (Transfer to Adult Court). Retrieved from http://criminal.findlaw.com/juvenile-justice/juvenile-waiver-transfer-to-adult-court.html OJJDP National Report Series. (2003). All states allow juveniles to be tried as adults in criminal court under certain circumstances.
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.
Treatment rather than Punishment Thesis Statement: Children, as innocents and infantile, are unconsciously doing unwanted acts that may violate our laws, therefore insufficient guidance from family, environmental factors syndicates, poverty and problem on education, which are the main rationales for their involvement on crimes should be given corresponding solution by the government. INTRODUCTION Juvenile delinquency means that a youth specifically those who are below 18 years old commits an act that is against the law. It can also be used as legal term for the criminal behavior carried out by minors. According to UNICEF, an average of 10, 500 minors are being arrested and detained every year – about 28 children every day, or more
However, the age of criminal responsibility set by different countries differs around the world. Some countries like United States of America’s North Caroline sets their MACR as six years of age while, countries like Brazil and Uruguay sets their MACR as eighteen years of age
Juvenile Delinquency is a phenomenon that affects communities worldwide according to media reports, both print and electronic, where worrying images of youths involved in behavior outside societal norm has been highlighted. This issue has been studied by researchers locally, regionally and internationally where results has shown that delinquency has been influenced by a number of factors such as age, gender, race, family circle, environment, socioeconomic status et cetera. This research paper attempts to examine Juvenile delinquency and the effects of social structure on form (III) three students attending secondary schools in Trinidad. A structural functionalist perspective will be used based on factors that influence delinquency such as Poverty, Ideology of hegemony, and discrimination.