Persuasive Paper Part 1

Persuasive Paper Part 1: A Problem Exists
Children on Trial
Michelle Swearingen
Strayer University
Professor Laura Howard
English 215: Research & Writing
February 2, 2014

A common theory among many people is that if a crime is committed, punishment is deserved and that the punishment should fit the crime. What are the influencing factors when punishment is determined? Today, minors who commit violent crimes can be tried as adults or as a juvenile. The juvenile justice system provides a rehabilitation program for offenders of crimes. Often minors take advantage of the system because they understand once of legal age their records are expunged and they are no longer held accountable for the crimes committed as a minor. In order to protect victims and families, serve justice and prevent future violent crimes, the American justice system must impose tougher punishment on offenders of violent crimes which means sometimes children should be tried as adults.
From the 1980s to the 1990s there has been a surge in minors who commit violent crimes as shown in a research study conducted by the Amnesty International and Human Rights Watch Currently. The information was based on federal and state correctional data related to race, history and nature of crimes committed by minors. The study showed inmates under the age of 18 in state prisons has more than doubled from 1985-1997. The study also shows that 61% of those minors admitted were convicted of violent offenses1. The Juvenile Court Act was founded in 18992 when the idea of reforming minors took place and the majority of crimes committed by minors were of minor misconduct. The justice systems were separated because adults were treated as criminals and minors were treated for rehabilitation. , created to rehabilitate and protect minors. The courts intended the system to be more informal and treat the juveniles rather than punish them. This system was not developed to undertake the current rise of violent crimes committed by minors. Violent crime by juveniles is on the rise and the American justice system needs to adapt. Rehabilitation of minors who commit violent crimes may not be possible, many who are released from the juvenile courts recommit more violent crimes and often display no emotion or remorse.
The increased ability for modern juvenile delinquency presents heightened danger to society. The growing numbers of minors committing violent crimes shows that the rehabilitation of offenders may not be working. The juvenile system was created to rehabilitate minors who have the possibility of redemption, but not all minors are capable of remorse and forgiveness. In an article from The Crime Report, March 4, 2012 by Ryan Schill reported that Cameron Kocher, nine-years old, shot his seven year old friend because he was angry over a video game. Immediately following the shooting, Cameron told another playmate “If you don’t think about it, you won’t be sad.” Can lack of empathy and remorse be instilled through rehabilitation in a correctional facility? With the rise of violent crimes, juveniles account for the larger portion of violent crimes committed. This demands that the justice system hold minors accountable by enacting legislature and imposing great punishment on juveniles for violent crimes.
The federal government has recently been involved in the regulation of the juvenile justice system. Prior to 1938 states regulated the juvenile system standalone, until 1974 when the Juvenile Justice and Delinquency Prevention Act was enacted by Congress. This clearly redefined the definition of a juvenile, stated that prior to being tried as an adult, judicial approval was required, limited the number of crimes a minor could be tired for as an adult and provided federal prosecution for minors when being charged in a crime where the state had no jurisdiction. In the 1990s it became evident that the rise in minors committing violent crime demanded federal legislation operate at the state level. Congress then enacted the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) which was applicable to a smaller number of juveniles that commit crimes and meet certain criteria. This allows juveniles as young as thirteen to be charged as criminal (not civil crimes) for certain violent crimes such as robbery, murder and attempted murder.
Several states now support the practice of minors being charged in adult courts when charged with violent crimes and serving adult sentences when convicted. One question that is commonly asked is whether juveniles would benefit from rehabilitation more than adult punishment. Is the juvenile a product of their environment such as race, social and economic stature? Are we as a society responsible for the reform of such individuals? Can reform and rehabilitation of providing a stable, positive and nurturing environment help prevent them from committing future violent crimes? The idea is that punishment will deter the offender from committing other crimes for fear of punishment and that treatment will rehabilitate the individual so they know the difference between what is right and wrong and will not commit crimes based on their sense of morals. But for juveniles punishment is not often directly connected to the crime. If juveniles are unable to think logically and rationally, how is it possible they will process punishment or treatment in a rational and logical manner?
Committing juveniles of violent crimes in an adult system could provide benefits to communities in more than one way. It would allow us to take the violent offenders out of the communities that are prone to those types of crimes and allow the juvenile justice system to concentrate their efforts on those charged with less sever crimes and are more suitable to rehabilitation. While society cannot predict ones future actions, the courts are somewhat forced to do so when dealing with juveniles and deciding if they are tried as an adult. Usually this is based on the offender’s background and prior criminal history. While adults are punished because they deserve it when committing a crime, it seems to me that the standard for juveniles is that they are punished because it is believed they will learn from their mistakes.
Minors of violent crimes should be held accountable for their actions. The juvenile justices system is intended to deal with juveniles the focus of the system is and should be the rehabilitation. The juveniles that commit violent crimes should be tried as adults as they have committed adult crimes, crimes outside of the scope and intention of the juvenile system. Legislation should be reformed to bridge the gap that deems courts ineffective when the states are left to the prosecution of minors being charged with violent crimes. In other words, federal jurisdiction needs to be expanded by reforming the current legation to allow minors charged with certain violent crimes as criminals tried in federal courts as adults. This would not allow juveniles convicted to simply be released upon the age of eighteen.

References

Blumstein, Alfred, Future of Children Organization (2003) Youth, Guns, and Violent Crimes. . http://futureofchildren.org/futureofchildren/publications/docs/12_02_03.pdf
The Department of Juvenile Services, Maryland. History of Juvenile Justice in the United States http://www.djs.state.md.us/history-us.asp
Human Rights Watch Organization (HRW) (2005). United States: Thousands of Children Sentenced to Life without Parole, National Study by Amnesty International and Human Rights Watch Finds Majority Face Life for First Offense, October 12, 2005). http://www.hrw.org/news/2005/10/11/united-states-thousands-children-sentenced-life-without-parole
Schill, Ryan, The Crime Report, Inside Criminal Justice (2012). When Kids Commit Crimes, March 4, 2012 http://www.thecrimereport.org/news/inside-criminal-justice/2012-03-when-kids-commit-crimes
Strom, Kevin (2000) Bureau of Justice Statics, Juveniles, Profile of Sate Prisoners under Age 18, 1985-97 http://www.bjs.gov/index.cfm?ty=pbdetail&iid=1121. http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/.