It is unfair for American children to know that though they can be innocent, they are treated as adults when they turn thirteen in some states. Although children have to learn the difference between what is right and wrong in their first years of life, most of them do not have enough experience to show that they are capable of living within society independently. Nonetheless, when they commit a serious crime-accidentally or purposely, the state mandate allows the judicatures to try them as an adult. There is a flaw here because they do not have a set personality, nor they can readily understand how humans abide by the law, nor do they have the cognitive ability to understand how to live in society. This paper will argue that the idea of …show more content…
What would make some sense is that people under the age of 17 should go to juvenile hall (or youth detention center) for their punishment than directly to adult prison. Though very similar, there is a subtle difference between the juvenile hall and the adult prison, but the use of the YDC is decreasing because states are increasing the use of sending the delinquent child directly to an adult prison. Both the YDC and prison are used to hold those that committed a crime, but there is a reason children and adults are separated. According to Radek Gadek in his research (2012), he found that the separation of child and adult prisoners “is to insulate juveniles from ‘bad influences,’ to protect them, and to attempt to curb criminal tendencies before adulthood is reached. Related, there are many levels of captivity for the inmates in adult jails e.g., maximum security, low security and regional jails to name a few. Other than boot camp, children committing a grand crime have few levels in the juvenile hall, but the primary reason for the YDC is to educate and rehabilitate in a more lenient approach than confine the troubled adolescents (Gadek, 2012).
Though the YDC have some flaws like child treatment abuse and neglect, it is still better
Garinger was a former juvenile court judge, so Garinger is a very credible source when it comes to the topic of juvenile criminals. To support Garinger’s credible usage of ethos, he demonstrates that in 2005, Supreme Court acknowledged that even though juveniles have committed terrible crimes such as homicide “juvenile offenders cannot with reliability be classified among the worst offenders” (6). This technique of providing the opinions of Supreme Court helps build Garinger’s credibility, and even more so that he is was a former juvenile court judges, so he most likely has a personal relationships with the Supreme Court. Readers feel sympathy to any juvenile who have been charged as adults and been sentenced to life without parole.
Gail Garinger, the author of “Juveniles Don’t Deserve Life Sentences,” argues that children should not be struck down for life because they commit the most vile and horrible crimes imaginable, based on the sole fact that they are still adolescents, and that they should be given the chance for parole and rehabilitation because they are not fully developed; therefore, in her article she shows exceptionally strong ethos to support her claim. Garinger first exposes her strong ethos by using the authority of the Supreme Court to exclaim why the youth shouldn’t be punished to a life sentence for homicide or manslaughter by saying, “the Supreme Court
It is understood that at an early age, it is impossible to some advocates, for children to have the mental ability like that of a normal adult, to plan and execute a crime and moreover to understand the consequences of it. Therefore it is controversial where or not to try them as adults. During the adolescent years, it is asserted that a child becomes mature and begins to understand important concepts like society and expectations they are still trying to deal with society, their own inner battles of peer pressure, lack of direction, impulsiveness and lack of identity, according to the Legal and Justice Center. At
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
Kids, we all love them, we want to keep them safe and on the right path in life but what if it’s a child messes up badly, what if they commit a crime? How would you feel about this? What if they get tried as an adult? How would you process that as a parent? How could we have prevented it?
I chose to do research on the birth control pill because there is many different types of birth control but the pill is the most popular one in the united states and I never knew much information on it. The purpose of this research page is to understand the history and understand why it is so important in today's society.
A person’s mind is developing from the start of their life all the way up to when they are in their twenties. Yet the criminal justice system thinks, or thought, it was right for kids to be treated the same as adults when it came to committing serious felonies. A fifthteen year old can spend life in prison for killing someone alongside an adult
We have all been there, when we have overslept or we just don't have enough time to get anything that we need to do done. Or those moments when we wonder why there are not any more hours in the day. Cue the Bangle's Manic Monday. In today's post I am going to give you my tips for when the morning's seem shorter and you have literally five minutes to get out of the door and you still haven't made it out of the bed.
As a contrast, there are many differences between the adult and juvenile justice system. These differences consist of the right to a jury, the right to post bail, leniency of evidence, different court proceedings, the right to a public trial, and rehabilitation efforts. As for the purpose of this paper, we will dissect the differences of the two systems. Many appeals have been filed under the notion that a right to a jury should be upheld for juvenile offenders. The courts have voted against this action time and time again. These appeals are made on the assumption that, as noted earlier, adult crimes should be tried as adult crimes. However, the court rules on this matter while keeping the rehabilitation efforts of the juvenile courts in mind, as opposed to the more punitive measures. Their desire to see kids treated as kids are defined with their upholding of the law, and pushing rehabilitation to its max. But should rehabilitation be the prime focus when the act is of adult capacity; even in a child’s body? I do not think so. What are the percentages of rehabilitation success with adults for committed capital offenses? How are they going to differ when a child partakes in them? I think there is a
He was seen for followup. He is known to have Crohn's disease and also iron deficiency anemia secondary to chronic blood loss. He is currently on Colazal three capsules three times daily, Bentyl 20 mg three times daily, ferrous sulfate 325 mg three times daily, and prednisone 10 mg once daily. He claims that his loose stool has improved some; however, it would even be better if he is very compliant in taking his meds. He claims that he does not take his medication regularly on account that "it hurts my stomach," but I did mention to him that his stomach is hurting because of his condition, and at this time, he promised that he will be more compliant.
I do not think it is a good idea to lock juveniles up in prisons with adults. For a child to set down and plan a murder for instance, there would have to be some kind of deep emotional problem. On the other side of this, if the child knows right from wrong and he can sit down and plan a murder, then you could say if he is old enough to kill someone then he is old enough to die. The juvenile criminal is rooted much deeper than right from wrong. It starts back from when they are small children. Most of them are usually outsiders or outcasts. Who can you hold fault for that other than society? If juveniles don't fit in with the popular kids in school they are considered an
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.
By law adolescents are not able to vote, purchase tobacco or alcohol, join the armed forces, or sign a legal contract. Children are not permitted the same rights and responsibilities as adults because the law recognizes their inability to make adult decisions. The law acknowledges that children are unable to handle the consequences that come along with the rights that adults have. By allowing them to be charged as adults is holding them to a double standard. Telling them that they are not old enough to enjoy the same luxuries as adults, but they can experience the same punishment as adults if they commit a crime. The law acknowledged the inability of children to make decisions but still allows them to suffer the same consequences as adults. Research demonstrates that transferring children from juvenile court to adult court does not decrease recidivism, and in fact actually increases crime. Instead of the child learning their mistake they are more likely to repeat it. Juvenile detention centers have programs that help reconstruct young minds and help them realize where they went wrong. Prison does not offer this same opportunity. (Estudillo, Mary Onelia)
Should juveniles get adult jail sentences? In today's society juvenile offenders are facing the law to full force, in two court systems. Not only are they tried in the juvenile justice system, but also charged as adults. The issue of charging juveniles as adults has stirred various views owing to the violent crimes committed by the young offenders. Politicians comment that the best solution is to lock up juvenile offenders for a long time and ignore rehabilitation. However, prior researches on the topic of juvenile delinquencies suggest that trying young offenders in the adult legal system and putting them in adult prisons will only lead to increased crime, higher costs, and increased violence(John & Jiangmin 568).
A surprisingly large majority of young offenders outgrow crime. According to Gail Garinger, a Massachusetts juvenile court judge, “it is impossible at the time of sentencing for mental health professionals to predict which youngsters will fall within that majority and grow up to be productive, law-abiding citizens and which fall into the small minority that continue to commit crimes” (94). Everyone is bound to make poor decisions in their lives. More than the other there are just good people making bad choices. Children should be given the opportunity to demonstrate that they can mature and rehabilitate. They deserve a chance to prove that they can become different people. The best time to decide if someone is deserving of spending most to all of their life in prison is not when they are a child. If placed in juvenile correction systems, teens can be given the support and needed help to change their ways and prove that they will not always be the immature criminal they once