Under North Carolina’s General Statute 7B 1604a, any juvenile who commits a criminal offense on or after the juvenile 's sixteenth birthday is subject to prosecution as an adult (“Limitations”). North Carolina remains one of only two states in America that automatically prosecutes all 16- and 17-year-olds in the adult criminal justice system regardless of the severity of the crime they commit; punishments served to students involved in something as trivial as fist-fight in a local high school cafeteria can prove alarmingly consequential. Charges of assault and battery pressed against any juvenile involved could stick with the adolescent and leave him with permanent criminal record without recourse for the charge to be sent back down to juvenile court.
Treating adolescents and adults as one entity creates issues because adolescents differ significantly from adults in their capacity to make sound decisions. Studies clearly illustrate the brain is still constructing pieces of decision-making and behavior throughout adolescent years and lack the ability to fixate on the consequences of their behavior. These vulnerabilities cultivate impulsive reactions and cloud judgment choices. Because of this, teens benefit more from the juvenile system which focuses on punishment and treatment, unlike adult court which concentrates on punishment and incarceration (Toshumba). As a result of incomplete brain development, characteristics including personality, temperament, mentality, and
Juveniles are being treated as adults when it comes to crimes, and are receiving higher sentences than adults. Furthermore, juveniles do not fully understand the consequences of their actions. Juvenile’s brains are not fully developed and experience loss in gray matter. According to the article Startling Find on Teenage Brains by Paul Thompson, he states, “gray matter, which brain researchers believe supports all of our thinking and emotions, is purged at a rate of 1 percent to 2 percent a year during this period” (Thompson). Gray matter makes up of people’s critical thinking and awareness. Juveniles are losing gray matter and are therefore forgetting the consequences of their actions. In addition, juveniles are coddled way too much by their parents and grow up without any discipline. Why is it that juveniles are segregated from adults in society in every aspect except when it comes to crimes? Juveniles do not deserve to be tried as adults when they commit heinous crimes because it is not constitutionally correct and
Juvenile delinquency has become a controversial issue within the Criminal Justice system. In the United States, juvenile delinquency refers to disruptive and criminal behavior committed by an individual under the age of 18. In many states, a minor at the age of 16 to 17 ½ can be tried as an adult. Once the individual reaches adulthood, the disruptive and criminal behavior is recognized as a crime. However, the criminal justice system has divided juvenile delinquency into two general types of categories that has brought upon controversial issues of inequality and corruption. Yet, putting young individuals in juvenile detentions facilities seems to open the door for them to commit more crimes in the future. Therefore, under certain circumstances juveniles should be tried as an adult.
Research studies have been conducted to demonstrate that adolescent brains are without full adult potential thus, adolescents should not be charged with adult sentences for crimes committed under the age of 18. Several doctors note that the under development of the brain, though it does not excuse criminal behavior, should not result in a life sentence or any other irreversible or extreme punishment (Beckman, 2004, p. 1). Beckman (2004) also states that “eight medical and mental health organizations, including the American Medical Association cite a sheaf of developmental
Considering the behaviors of an adolescent in the same manner as that of an adult is unfair. Juvenile brains are still developing, which means that they perform differently than adult brains (AACAP). Adolescents are more likely to act on impulse, get involved in fights, and engage in risky or dangerous behavior. They are less likely to think before they act or consider the consequences of their actions (AACAP). Weighing this scientific fact, it is unfair to assume that a juvenile committed a delinquent act with the same forethought of an adult. The mental development of a juvenile makes it difficult to prove that they established the mens rea equal to that of an adult guilty of the same offense.
When a juvenile enters an adult court, those courts view them no longer as an adolescent, but as an adult. However, they are not adults. Juveniles are actually far from it, not just physically, but mentally as well. It is known that the human brain, specifically the prefrontal cortex and the frontal lobe,
and why they should not be tried as adults in the justice system. It also shows the actual differences in the brain of a juvenile and the brain of an adult. In an article in the New York Times called, “Juveniles Don’t Deserve Life Sentences” Gail Garinger explains why juveniles and adults are different. He states, “Young people are biologically different from adults. Brain imaging studies reveal that the regions of the adolescent brain responsible for controlling thoughts, actions and emotions are not yet fully developed.” (Garinger 93). I do not believe it is fair to treat a teenager the same as an adult knowing teenagers brains are not yet fully developed and do not possess the same level of neurotic connections. In some ways it is like expecting a child with down syndrome to act and behave the same as a normal child of the same age.
In today’s society there has been an increase in the crimes committed by juveniles. Most juveniles have underlining factors that have caused them to choose this type of lifestyle. Many children in the juvenile system have come from impoverish stricken neighborhoods and are festered with gang activity which has made them a product of their environment. The minds of adolescents do not allow them to see how they are affecting their lives. A study was conducted, and according to the article, “Adolescents in Adult Court: Does the Punishment Fit the Criminal?”, when children mature, they will look back at their past and possibly leave their surroundings. Think about two people committing the same crime, both with the same thought process and ability to make decisions, except one is a juvenile and the other is grown. Due to the lack of experience in decision-making or the time to evaluate the situation like the adult, the youth should be viewed as irresponsible. The fact that a child’s mind is still maturing should reassure people that they will not be the same person incarcerated a few years later.
There are many similarities and differences between the adult and juvenile justice systems. Although juvenile crimes have increased in violence and intensity in the last decade, there is still enough difference between the two legal proceedings, and the behaviors themselves, to keep the systems separated. There is room for changes in each structure. However, we cannot treat/punish juvenile offenders the way we do adult offenders, and vice versa. This much we know. So we have to find a way to merge between the two. And, let’s face it; our juveniles are more important to us in the justice system. They are the group at they
The court decision was influenced by Graham and Roper cases that established for sentencing reasons children are different from adults under the constitution. Children lack maturity and have no developed sense of responsibility. This leads them to be impulsive and reckless. In Roper it was held children are exposed to outside pressure and negative influences from friends. Therefore, they have less control of their environment because the child’s nature is not2 well informed. Graham and Roper emphasized distinguishing traits of children weakening justification for inflicting harsh sentences to juveniles even when they commit outrageous crimes.
One of the most controversial questions in the juvenile justice system today is, "Should the death penalty be applied to juveniles?”. A lot of people think that the death penalty for juveniles is cruel and unusual punishment and should only be used for adults. The crimes that juveniles commit are as dangerous and as violent as adult crimes. People argue that the adolescent brain does not mature until the late teens or early twenties, and that death penalty should not be the resolution. Some studies show that childhood abuse or neglect can causes the child to commit crimes when they grow to adulthood. Debate about the use of the death penalty for juveniles has grown more intense because of the crimes they are
A number of researchers have suggested over years that teenage brains are not yet fully developed. At the National Institute of Mental Health researchers have studied the human brain ever since the stage of birth all the way to adulthood, to prove that the brain is not complete. When it comes to this topic, Americans assume that if a teenage commits a crime than they should not be held accountable because of their age. Yet they must consider that teens are capable of understanding the situation they are in, how they are looked upon as young adults,, and how they should learn from their mistakes.
Among the reasons adolescents are incapable of the same reasoning and maturity as an adult is the fact that their brains have not yet fully developed. According to the “Young Adult Development Project” at the Massachusetts Institute of Technology(MIT), the human brain does not reach full maturity until at least the mid-20s. As a result, minors do not possess the mental capacity to understand the consequences of their actions. They cannot fully comprehend the seriousness of the situation until it is already too late. Teenagers are especially susceptible to this, which can lead to regret, guilt and many obvious mistakes. Researchers at MIT point out the limitations of the teen brain in their Young Adult Development Project, “At the same time young adults are experiencing new levels of sophistication in thinking and emotional regulation, their brains are undergoing changes in precisely the areas associated with these functions.” Additionally, The University of Rochester Medical Center writes in their article “Understanding the Teen brain” that “Good judgement is not something [minors] can excel in... yet.” In 2016 a 10-year old boy shot and killed his brother while they were playing cops and robbers with a rifle he did not know was loaded.
Many young adolescents who have committed horrendous crimes have been a huge topic amongst the Supreme Court. Whether young adolescents are viewed as innocent, naive children to the public, this not changed the fact they can commit brutal crimes. In spite of the fact that adolescents have committed brutal crimes such as murder, one needs to understand that their brains are not as fully developed as an adult brain would be. Adolescents should not be trialed to a life sentence or attend adult prisons; however, they should be punished for their actions and undergo rehabilitation programs to help them be prepared to fit in with the rest of society.
It is a common believe that adolescents require a special system thru which be processed because they are “youth who are in a transitional stage of development…young offenders that are neither innocent children nor mature adults…” (Nelson, 2012). Because juveniles are in a process of constant development sociologically, psychologically and physiologically, the juvenile court system focuses on alternative sentences and the creation of programs that will offer them rehabilitation instead of incarceration. However, in cases of extraordinary circumstances, the juvenile system shifts from looking at rehabilitation as a first choice to accountability and punishment (Read, n.d). All levels of society are collectively involved in delinquency
The nation’s first juvenile court was established in 1899 as a part of the Juvenile Court Act. It was founded on three principles: juveniles are not ready to be held accountable for their actions, are not yet fully developed, and can rehabilitate easier than adults. In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is considered a juvenile offender. Now more than ever, states and countries have begun to question the reliability of the juvenile court. Some believe the juvenile court system should be abolished because of its insufficient gain to the community. Others believe children are not fully capable to understand the degree of their actions and the consequences that come from them and believe that juvenile courts are a necessity in the court system.