Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is …show more content…
He immediately goes on cite the Convention Against Torture’s suggestion that JLWOP sentences are “cruel, unusual, or degrading treatment” (p. 274). Butler also points out that “it is notoriously difficult to predict future dangerousness, especially based on a homicide committed by a teen” (p. 276). This point is one of the strongest arguments against JLWOP. It is commonly accepted that the brains and bodies of adolescents are not fully developed. As a result of this, it does not make sense for a child or teen to be treated the same way as an adult- in everyday life, minors are not expected to work full time jobs, and they cannot serve in the military, consume alcohol, or smoke tobacco products. Butler argues that the lack of responsibility attributed to them should extend to the criminal justice system, and they should be considered less culpable of their crimes due to their youth and all of its implications. Taking into consideration this lack of culpability for minors, the reasoning behind the ruling of Graham v. Florida can easily be applied to the elimination of the JLWOP sentence in its entirety. Harvard Law Review’s 2010 “Criminal Law and Procedure -Eighth Amendment- Juvenile Life Without Parole Sentences: Graham v. Florida” is a detailed review of the Graham v. Florida case. It goes in-depth about why the justices ruled against JLWOP in non-homicide cases. Unfortunately for
In the article “On Punishment and Teen Killers” by Jennifer Jenkins asserts that teens are becoming more violent and starting commit more crimes because of the national television they watch.Jenkins tells the reader about “JLWOP” (Juvenile Life Without Parole) and how kids are being sentenced to life in prison without parole.Some people are trying to advocate to minimize the offender culpability because of their age.While kids are getting sentenced to life without parole, this disproves juvenile advocates reliance on the undeveloped brain.Some juvenile offenders truly understand what the victim family go through and how long it takes them to recover.There were millions of dollars spent to end JLWOP and to set convicted murderers free.
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.
In Contrast to Bryan Stevenson’s “Just Mercy” stories of juveniles being tried as adults, Jason Zeidenberg in the article “The Risks Juveniles Face When They Are Incarcerated with Adults” strongly emphasizes the dangers and consequences that juveniles face when they are tried as adults. Zeidenberg states the consequences of juveniles being raped, assaulted, committing suicide and the effects of being victimized. Children who are housed in the same facility as Adults is not a good idea nor a good mix, according to Zeidenberg a “15-year-old girl was sexually assaulted in Ohio by a deputy after she was placed in an adult jail for a minor in
Childhood is a time in which memories are created, adventures are explored and social awareness begins to develop. The events that occur during childhood are pivotal in the development of a healthy and substantial life. However, what if those experiences were taken from a child? What would the outcome be if a child could not experience what it is like to be young? Juvenile incarceration strips a person of their childhood and essentially takes away the experiences necessary for them to develop into healthy functioning adults. Even though juvenile incarceration is an effective method of punishment for those who have committed heinous crimes, the justice system should not convict children and adolescents as adults because of the child 's circumstances that lead to the crime as well as the disastrous effects it causes on the mental and emotional state of the child.
On December 17, 1992, 15 year-old Jacob Ind went to school after having murdered his mother and stepfather in the early hours of that morning. In an interview with Frontline he recalled, “I remember I was sitting in the police station and this is how out of touch of reality I was. I had a small amount of marijuana, like an eighth of an ounce, in my bedroom. And I 'm telling my brother, 'You got to get the marijuana or else I 'm in trouble” (Profile Jacob Ind). His attorneys contended that he was acting in self-defense, claiming that the murders were the climax of years of insult by his parents. On June 17, 1994, he was convicted and handed a mandatory sentence of lifetime without parole. This is just one of many life experiences of juveniles sentenced to life without parole in the U.S. There have been many other instances where the juvenile was not the real murderer, but was however given the lifetime without parole sentence. In those instances the defendant would have been convicted of felony murder, in which the defendant could have just been an active participant in a crime during which a murder was committed and consequently, spend life in jail without parole. Felony murder came into play in the case of Devon and Jovon Knox, in July 2007, the 17-year-old twins set out to steal a car together (Sentencing Juveniles). During the car jack, one of the brothers shot and killed the car’s owner. The panel could not decide which brother pulled
“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The
This research is based on several journal articles, online databases, and textbooks. The information extracted from these sources of content is used for the analysis of this study. Furthermore, the information gathered from this research is specifically used to focus on the difficulties that juveniles face when sentenced to life without parole. Instead of having the opportunity to serve their sentence through probation or parole, some juveniles are sentenced to face irreversible damages. Thus, it is imperative to understand that there are programs through community corrections that benefit juveniles far more than life without parole. The information gathered provides society with a better understanding of the sanctions in the Juvenile Justice
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
Today, we live in a society faced with many problems, including crime and the fear that it creates. In the modern era, juveniles have become a part of society to be feared, not rehabilitated. The basis of the early juvenile justice system was to rehabilitate and create safe havens for wayward youth. This is not the current philosophy, although the U.S. is one of the few remaining countries to execute juveniles. Presently, our nation is under a presidential administration that strongly advocates the death penalty, including the execution of juveniles. The media and supporters of capital punishment warn of the "superpredator," the juvenile with no fear, remorse, or conscience. Opponents of this view encourage
The data for this project was collected by administering an anonymous survey to incarcerated juveniles at (name of facility), the (name) receiving center and at the NAACP office in Sacramento, California. The survey asked for gender and parental status (incarcerated versus not incarcerated). Participants were given a paper survey and a pencil to complete the survey. See Appendix for a copy of the survey.
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.
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian
On any given day in America, 10,000 kids are being housed in adult prisons and jails. Additionally, another 200,000 are tried in the adults courts each year. Among Americans, this is a very controversial topic. However, in the past few years the number of vicious crimes being committed by juveniles is on a steep and steady rise. The lines between right and wrong are becoming more and more blurred for young minds. Many argue that sending kids to adult prisons or jails is useless and cruel. However, since juveniles have started being tried as adults in certain situations, the rate of crime among them has significantly decreased.
Since the Juvenile Justice Court (JJC) was first established there has been a debate on when, and whether or not, Juveniles should be treated as adults when they commit heinous crimes. Prior to the establishment of the JJC, parents were responsible for the actions of their kids under the age of seven; juveniles were tried as adults. By establishing the JJC, teenagers were given privileges they previously had not held; such as being treated as delinquents rather than criminals when committing crimes that adults commit. Moreover, the Supreme Court has continued to give rights to juveniles by limiting the type of punishments that can be granted to juvenile delinquents. In the 2005 Roper vs. Simmons case, the Supreme Court ruled it unconstitutional for a juvenile delinquent to be given the death penalty. In the 2010 Graham v. Florida case, the Supreme Court ruled that it was unconstitutional to assign life without parole to a juvenile charged of a non-homicidal charge, and must be given an opportunity to prove themselves as mature and able of rehabilitation. Even further, the Supreme Court ruled that it was unconstitutional to sentences juveniles under the age of eighteen to life without parole in the 2012 Miller v. Alabama case. Because of court decisions like these, juvenile delinquents no longer have to face the consequences of their actions. The justice system was set in place in order to maintain justice and order. If it refuses to do that then a messages is being sent to
The criminal justice system conducts trials, determines guilt, and decides what kind of punishments to give to adults who have committed some sort of crime. Adults, however, are not the only ones who commit crimes. Kids under 18 can commit crimes too. In 1899, the juvenile justice system began to form. People thought that kids should be treated differently after committing crimes. Being younger, they were believed to be more able to rehabilitate than adults, the criminal justice system was believed to be too harsh for them, and some believed that juvenile’s behavior was based strongly on their parents and the society they lived in. In a peer reviewed article titled Are we criminalizing adolescence? there is a statement that in a constitutional sense, youth are different than adults. In this essay, I will talk about what the juvenile justice system is, what it does, how it is different than the criminal justice system, and how some people believe it should change.