The Juvenile Transfer Process

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.

“He found that youths were likely to spend considerably more time in adult correctional facilities than juveniles that were sent to state juvenile facilities,” (Krisberg 176). Juvenile offenders has become an excelling issue since the beginning of the first juvenile institutions in the 19th century (Shoemaker 5). The issue then arises, should juvenile offenders be tried as children or adults. This is an important issue that can impact many children and society as a whole, therefore this issue should be taken wisely. Karen Romanoff- Miner, sides with the idea that juvenile offenders in adult courts and prisons are not doing the effects that they are meant to.

The face of American crime has evolved from adults to the not so innocent faces of adolescence. In today’s society, it is not uncommon for people to fear just walking into public places because they don’t know what horrendous actions may occur due to the indifferent, disrespectful actions of some of America’s youth. Parents are often hesitant to send their children to school because they feel that they cannot trust their child’s fellow classmates. This lack of trust and apprehension was evident in Wisconsin, where two thirteen year old girls attempted to murder one of their fellow classmates. Their reasoning was that they were trying to imitate a fictional character that they saw on the internet. These two young girls were tried as adults

Typically, when a judge decides to waive the protective rights the juvenile court has on a youthful offender it is for more serious crimes. This can also be applied to minors who have been in and out of the juvenile justice system. Fagan (2008) states that in some instances, transfer decisions made by juvenile courts to try juveniles in adult criminal court was primarily based on the severity of the offense. Some juvenile cases depending upon the severity or nature of the offense are transferred to adult criminal court through a process called a “wavier”. Essentially, a judicial waiver to criminal is the most common transfer mechanism according to Fagan. In his research, Fagan (2008) states that forty-seven states and the District of Columbia distribute discretion to judges of the juvenile justice system to waive certain youth offenders to criminal court. “In 1966, in Kent v. U. S. the Supreme Court articulated both procedural and substantive

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.

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.

For a juvenile to transfer into the adult court system a juvenile must be charged as a youthful offender. Youthful offenders often pose a threat to the community and/ or have committed a violent crime. State legislation has passed youthful offender laws permitting juveniles to be charged as an adult in criminal proceedings.

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.

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.

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

There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law. The following articles specifically address the idea that juvenile justice is unethical. In the article, “Juvenile Justice & Adolescent

In spite of them being able to commit the crime their brains are not fully developed. Juveniles should be charged as adults in murder cases. Most of the time teenagers who commit crimes such as murder get a much shorter time in jail just because of their age. It's not right that they have less time for something as big as murder. By giving them a shorter time they don't learn anything and will most likely go back and do it again.

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.

“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.

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