By the nineteenth century, many child welfare advocates reformed the country’s view on children, and the states found it counter productive to convict children along with adults. States then recognized that minors are indeed young enough to be rehabilitated. Thus being said, the United States began discussing the idea of a separate justice system specifically for juvenile cases. In 1925 an official juvenile system has been established in the United States. “Juvenile courts do not exist to punish children for their transgressions against society…The aim of the court is to provide individualized justice for children…The delinquent is the child of, rather than the enemy of society and their interests coincide.” (Ogilvie at p.…
In 1961, while on probation from an earlier case, Morris Kent, age 16, was charged with rape and robbery. Kent confessed to the offense as well as to several similar incidents. Assuming that the District of Columbia juvenile court would consider waiving jurisdiction to the adult system, Kent's attorney filed a motion requesting a hearing on the issue of jurisdiction.…
Juveniles in the criminal justice system are a special population. Throughout history juveniles have been looked at as needing to be protected from the harsh realities that face adults daily. The juvenile justice system has primarily operated in a parens patriae capacity and protected the rights of those that were legally incapable of protecting themselves such as minor children and the mentally ill. From 1987-1993 the juvenile homicide rate doubled causing critics and conservatives to questions the approach of the juvenile justice community calling it ‘soft on crime’ Steiner &…
Every year, juvenile courts in the United States handle an estimated 1.7 million cases in which a youth was charged with a delinquency offense (“Youth in the Justice System,” 2012). Throughout most of history, youthful offenders were handled under the same laws and system as adults were. While deviance has always been around, societal intervention and participation in handling juvenile transgressors has gained the most momentum in the last 100–150 years (Whitehead & Lab, 2013). A separate juvenile justice system was established in the United States with a goal of diverting youthful offenders from the adult system while encouraging rehabilitation. Today, one would hear that the system’s goal is to react to juveniles in ways that protect the…
Robert Schwartz is the co-founder of the Juvenile Law Center in 1975 and has been the executive director there since 1982. This is a nonprofit public interest law firm that ensures the youths in foster care and justice systems are treated fairly and have the same opportunities in life in their adult years. Studies also show that the juvenile justice system protects the public much better than the criminal justice system. He argues that “kids are incompetent to be tried as adults, trying them as juveniles it not excusing the crime.” (Schwartz 2010). He thinks that at a young age a child could not process information and plan horrific crimes like an adult can. Youths struggle with impulsiveness, immaturity, undeveloped decision making, susceptibility to negative peer pressure and lack of future orientation. They do not have the common sense, problem…
One of the hardest decisions that judges have to make is sentencing a juvenile to be tried as an adult. With the increase in violent crimes in America today, juveniles are often found in the front line of media for violent crimes. Within society as a whole, those who are under the age of 18 years old do not function as adults, which is why the law protects children from the consequences of their actions. With the harshness and severity of crimes committed by juveniles…
The United States puts more kids behind bars than any other industrialized nation in the world. By 1997 more than 107,000 young adults were behind bars. High crime rates and and fears of so many teens serving this amount of time scared many adults, and parents thinking their children wouldn’t ever be set free to live a normal life. State’s were rushing to lower the age of which you can be tried and sentenced as an adult. One state, California passed a law, it was called Proposition 21. It required adult trials for 14 year olds, with murder and certain sex offenses only.…
A teenager should not be tried on the same level as an adult, if they can not do things an adult does. Juveniles are too young and know little about the world; therefore, they should not receive the harsh punishment that adults are being given. Since we are the parents of our kids “It’s why they can’t smoke, or drink, or go to R movies without our OK” (Lundstrom). Adults are lot older, intelligent, mature than teens; therefore, they should not be tried on the same level as adults. Although minors have some knowledge their brains are not matured like adults to make right and wrong decisions. It goes far as beyond to saying teens will not know what they did wrong until they are told. In the article “Juveniles Don’t Deserve Life Sentences” Gail Garinger states, “Brain imaging studies reveal that the regions of the adolescent brain responsible for controlling thoughts, actions and emotions are not fully developed. They cannot be held to the same standards when they commit terrible crimes.” This shows that teenagers are not capable of making decisions and they can not control what they do, even if it is wrong they will not know. Teens should not be charged as adults for the crimes they…
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.…
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).…
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.…
German Singer Q’orianka Kilcher once stated this quote about juveniles. “I think it's important for us as a society to remember that the youth within juvenile justice systems are, most of the time, youths who simply haven't had the right mentors and supporters around them - because of circumstances beyond their control.” This quote approaches one of America’s biggest question about juvenile justice. Should minors who have committed heinous crimes against the American Society be tried like an adult and given punishments like life in prison? This question was answered in a Supreme Court ruling that stated juveniles couldn’t be sentenced life in prison because minors were still minors, regardless of their crimes. However, despite this ruling,…
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.…
Controversies dealing with juveniles’ age in which they can be charged as adults, giving them life sentences in prison without parole, the application of neuroscience, and the roles both the federal and state governments have played in shaping the policies towards justice reform have been discussed at length for the better half of United States (U.S.) History (755). Dating as far back as 1825, the United States of America has delved into the topic of juvenile justice (755). Today, advocates of the youth and victims’ rights still provide strong interest in criminal justice reform. From lobbying for light sentencing standards for the youth, to making them accountable for their actions, the controversies and arguments towards reforming juvenile…