In recent discussion of Juvenile Justice, a controversial issue has been whether juveniles should be tried as adults in adult courts for heinous crimes they have committed. On one hand, some argue that they should not be tried as adults and do not deserve harsh sentences but as children seeking help. On the other hand, however, others argue that those who commit such heinous crimes ought to be punished no matter the age. The juvenile court was created to handle juvenile offenders on the basis of their youth rather than their crimes. The purpose of juvenile court is treatment and guidance rather than punishment. Juveniles don't have the knowledgeable or moral capacity to understand the consequences of their actions; similarly, they lack the same capacity to be trial defendants. Juveniles today are more knowledgeable and cultured at a younger age; they understand the implications of violence and how violent weapons are used. It is irrational to argue that a juvenile, who sees the effect of violence around him in the news every day, does not understand what killing really is. The fact that “adolescent killers” know how to load and shoot a gun or use a knife to kill is an indicator that they understand exactly what they're doing.…
The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…
Many in the criminal justice field view deterrence at the juvenile level, from future criminal ideations, as the answer to much of the crime problem. If this tenet is followed then it makes sense to try to deter the unlawful behavior in juveniles before they turn into the next population of adult convicts. Many say that the answer is to give juvenile offenders harsher penalties including the use of adult sanctioning and more punitive practices. Others advocate for treatment and protection from the adversarial nature of the adult system in the spirit of the, not so long ago history of our juvenile…
Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…
"If we are to teach real peace in this world...we shall have to begin with the children."…
If one is old enough to do the crime, are they truly old enough to do the time? If so, does that time include being placed within a facility originally designated for those at a different age and mental capacity? There are countless disputes and problems regarding the justice system and its decisions. Among those decisions is the decision to sentence a juvenile as an adult and place them within a adult prison, rather than in a juvenile detention center. Just as in most things in life, the justice system is not black and white. Some agree with juvenile incarceration and others reckon children should be treated true to their age and as what they are, children. These academic journals, articles and opinion pieces attempt to make some sense of…
In this paper, I will look at current scholarly thought to determine the effectiveness of trying juveniles as adults in a court of law. In extreme instances, juveniles of a broad range of ages have committed violent crimes that the criminal justice system has determined to be impossible to have been committed by the accepted frame of mind of a juvenile. These juveniles were tried in adult court and sentenced accordingly. The purpose of my research is to examine juveniles who have been tried as adults and to discuss its strengths and weaknesses. I will analyze the information that I gather and will provide a strong case that this practice is appropriate. Many people believe that some crimes are so terrible that the courts should focus on the type of offense and not on the age of the accused.…
In this society, there are adolescences that happen to slip through the cracks and stay in the system of justice for criminals all through their existence even if some are bailed out by efficient guidelines during crucial developmental periods. The regulation for juvenile misconduct could be managed on criminals up until 21 years of age when the court considers that the offender is emerging. Some issues related with young crime has to do with living in an insecure family environment and family hostility, deprivation, drugs, negligent peer cliques, frequent contact with violence, media violent behavior, and easy exposure to firearms.…
Juvenile incarceration has created a lot of uncertainties in the legal justice system. This is because it is often assumed that indeed there are several persons that are underage that at the time of the crime did not have the proper mental reasoning to appreciate that indeed they were committing a crime. For this reason, there has been several problems regarding Juvenile incarceration and it has been argued that there is a need to re-evaluate and ensure that indeed the problems that affect the system are given the proper judicial involvement and justice. . This paper is going to examine how different it is from adults and juvenile when it comes to…
Juveniles have been incarcerated in secure facilities since 1974. Juveniles are committing more heinous crimes and citizens have advocated for tougher penalties on crime. They want justice for the violence perpetrated on their families, businesses and communities. The Juvenile Justice system is charged with simultaneously protecting the public as well as reforming those juveniles who are convicted and sentenced to secure facilities. Barry C. Feld (1995) believes that there is a “desire to "get tough," fueled in part by frustration with the intractability of crime, that provides political impetus to transfer some young offenders to criminal courts for prosecution as adults and to strengthen the sanctioning powers of juvenile courts”(p.966).…
The “Juvenile and Adult Courts: A Comparative Analysis” paper will compare juvenile courts with adult courts. This paper will present an overview of the juvenile justice system, a point-by-point comparison between juvenile and adult courts. The adjudication process by which a juvenile is transferred to the adult court system. This paper will also discuss the implications of the following for youthful offenders: The trend of increasing the use of waivers, and the trend of remanding juveniles to adult court for processing. The last topic addressed in this paper will be the societal implications of abolishing juvenile court.…
In today’s society, there is a national debate about what to do with juveniles in the criminal justice system. This debate is a result changes in practice throughout United States. The United States made it possible to try juveniles as adults in court after the case of Kent vs. the United States in 1966. The change in legislation is relatively new due to the fact that juvenile courts have "for most of the past century, treated youngsters between 7 and 17 not as criminals but as delinquents." The United States choose to treat the kids as delinquents because there was a major focus on rehabilitation rather than punishment.…
In contemporary society, there is a debate over whether a separate justice system should exist for juveniles and adults. While some juveniles have demonstrated the need for a separate justice system for juveniles, others have proven otherwise. There are separate justice systems for juvenile and adult offenders because of the belief that the mind of juveniles can be reformed unlike adult offenders. However, the juvenile justice system is similar to the adult justice system in many ways. In terms of the rights of the offenders, both juvenile and adult offenders have the right to an attorney, the right to confront and cross-examine witnesses, the right to protection against self-incrimination, the right to notice of charges, and prosecution needs proof beyond a reasonable doubt…
In today’s society, there are not that many distinctions between juveniles and adults when it comes to the criminal justice system. The main distinction between an adult and a juvenile is of course the age and the types of sentencing a juvenile may receive compared to an adult. The juvenile justice system has a tiered affect when it comes to sentencing but it relies heavily on the maturity and intellect of the juvenile. Due to that reason, there will always be a separate juvenile justice system to ensure the juvenile truly understands the nature of the crime and the consequences.…
Juvenile courts arose as explicit attempt to control and regulate, and govern the intercity juveniles, whom engaged criminal activities. Between 1970’s and 1980’s every state legislature amended its juvenile code to facilitate the transfer and prosecution of juveniles in adult criminal courts. (Allen 2002) Juvenile regulations were revamped in the late 90’s during that time frame 68 percent of juvenile court cases were transferred as adult prosecutions. Landmark cases such, as Kent v. United States introduced new regulations, that stated every juvenile must first have a wavier hearing, including the right to be represented by an attorney during the hearing. Also, alternative treatments and programs were developed to the best interest of the child. Merrill and Frater suggested, “The making of laws creating juvenile courts and detention homes which place offending children apart from the criminal group has been co-incident with the growth of erroneous idea that social relations are the one absolute factor in the development of character.” (Brown, pg.363). Community programs and parental involvement with delinquent juvenile can steer them way from criminal circles. An absent parent as well as the environment play a huge role in the juvenile decision making in criminal circumstances. Although it’s the parent’s duty to rear their children, juvenile courts must provide the correct…