Sentencing Juveniles Essay

The argument of sentencing juveniles for heinous crimes has been an issue for many years. Some believe that the sentencing of juveniles sufficient in trying to rehabilitate them and some feel sentencing is insufficient. Some crimes, like murder, are so heinous that no matter what the person’s age is that they deserve to lose their freedom. It is believed that juveniles are not ready to take the blame for their actions like an adult would because they are not mentally able to handle the judicial systems. Imprisonment is traumatic, and I am sure more so for juveniles; everyone must be accountable for their actions especially in order to learn from their consequences they receive. Laws should not be adjusted for anyone and not for any reason.
A child is protected from the extreme aspects of the justice system until they reach the age of eighteen. A juvenile is not thought to be mature enough to understand their actions even when they commit murder and sexual assaults but thought to be able to be rehabilitated.
Juveniles are treated with different laws, known as Juvenile Law, and the laws are very different compared to the same laws for adults when it comes to committing crimes; these crimes are generally heard in a juvenile court of law. The Laws for governing juveniles are mostly legislated and controlled by the individual states. By the doctrine of parens patriae, “The power of the state to act as guardian for those who are unable to care for themselves, such as children or disabled individuals.” (Cornell) For example, a judge under the state’s authority can change custody or any other ruling that affects a child well-being, no matter if the parents agree or not. This is used in determining the outcome of a juvenile court case; if the child will be questioned, taking into custody, etc. The courts can determine whether an act committed by a juvenile will
be thought of as civil or criminal. Depending on the crime, a judge can suspend driver’s license, community service, counseling and paying fees. In some cases the juvenile receive probation, confinement at home, group home, and confinement in juvenile corrections facility. In extreme cases, a juvenile will be sentenced to an adult prison. The goal of this system is to rehabilitate the juvenile, and with their sentencing they also may have work with social workers and keep in contact with a probation officer. All of these measures are to help the juvenile change their life and not to commit any more crimes. The problem is that all of these processes are not working. Juvenile are continuing with their lives of crime and ending up in adult prison as adults.
With all the positive processes the states and government have in place to protect juveniles from lives of crime, it is not working. It is thought that juveniles are not capable of being held responsible for the behavior, so it is best not to punish but rehabilitate. Many use the argument of cruel and unusual punishment for their basis on trying juvenile as adults. This is found in the Bill of Rights, but this was intended to protect against horrific and torturous sentences, which according to the Institute of Civics are like “burning at the stake, drowning or crucifixion.” (Institute) As of today, cruel and unusual punishment has expanded to make the sentencing for a crime to match the crime. Cruel and unusual punishment is also being used to challenge conditions of the prison facilities and the fact that there is overcrowding in the prisons. There is also the argument used today of the brain of a child is not fully developed and they are not able to make proper judgments so they should not be made responsible for their actions. Using the escape of the brain not being fully developed so the juvenile should not be accountable is using science to protect children.
Committing a crime cannot be explained and pardon by science nor can it be corrected by science. Everyone is different and learn differently, children learn differently than adults. Juveniles do not need to be put in prison with adults, but they do need to treat juveniles with the same consequences as adults. There is no reasoning for rape, murder or other heinous crimes when committed neither by a juvenile nor by an adult. There is proof that putting juvenile with adults in prison, juvenile institutions does not rehabilitate, but in some juvenile cases this has been the sentence for harsher punishments for a severe crime. All criminals should receive counseling, training for employment and probation. Juveniles are not the only criminals that need rehabilitation. Consequences are not just strictly punishment; they must include a way to learn from the mistakes as well as receive a punishment. Intervention is another way of helping the juveniles learn and make better choices in their lives. Intervention, according to Juvenile Crime Law “a multi-systematic interventions including mentorship, working with families, cognitive behavior therapy and the use of positive role models” is believe to be a productive way to help the juveniles. The juveniles are willing to change but there not enough trained professionals to offer services such
as these needed services. There are many social issues that explain why juvenile commit crimes like children’s’ brains are developing faster in today’s society because of access to more information and the family members and the lifestyles the family leads will affect the choices the juvenile makes. These issues are placing the blame on someone or something else and removing the blame from the juvenile. The law should not protect anyone from consequences of their actions, especially due to the fact that everyone has a sense of right from wrong no matter the age. Everyone is accountable for their actions without regard to age when it comes to crimes. Even with the arguments of individuals about the development of the brain of a juvenile, there are some states that have determined that a child, age 13 and up, are legally responsible for their repeated actions or heinous crimes. It is also more common for these juveniles to be charged and tried as an adult. In 2005, the US Supreme Court ruled to protect anyone under the age of eighteen for being put to death for their crimes. In 2010, the US Supreme court ruled that anyone under the age of eighteen cannot be sentenced to life in prison without parole, except when found guilty of homicide.