Today’s court system has many difficult decisions to make everyday. One of the most controversial decisions is whether or not try certain juveniles as adults or not. On one hand, being tried as a minor is considered unconstitutional, while on the other side it seems necessary in order to protect society. Some of the factors the court considers when convicting a minor is “age, physical and mental maturity, past attempts and future potential for rehabilitation, harm suffered by the victim, use of a firearm, and public safety” (“) Many minors who have been convicted came from unstable homes, lived in poverty, or have been physically abused. (“Children” 1). Factors such as these make it hard for people to decide if minors should be tried as adults. However, before making a decision, it is important to learn all …show more content…
the facts first.
Pros
-Some argue that minors being tried as adults will actually benefit their chance at court, because minors are not given the right to a public trial by jury, instead their cases are decided by a judge alone. However, these trials are very similar to jury cases, evidence, testimonies, and witnesses are all included. (“Difference”1)
-However people who support it argue that if a person is old enough to commit a crime then they are old enough to face the consequences, and that public safety is a bigger concern than an individual’s life and choices. Mental Illness plays a big part opponents of minors being tried as adults claim that young minds are not mature enough to fully understand and grasp the consequences that may occur when they commit a crime. people who support children being tried in certain cases claim that if they are old enough to do such a damaging crime, then they are old enough to face prison. mental illness plays a big role in these court cases, and usually decides if an individual seeks mental help, or faces charges. Many claim that most children who commit violent acts suffer from mental illness. However only 4% of minors who get tired suffer from any type of mental illness. (“Mental” 1.)
Cons Opponents of minors being tried as adults say that their minds are not fully developed to know the responsibility of their crime. Being tried as an adult includes the risk of going to adult prison, which almost always guarantees abuse and failure later in life. Without education, these Juveniles have a very hard time adjusting to normal society, and usually have to commit more crimes in the future to survive. (“Be” 1) It is also extremely common for juveniles to be sexually abused while in adult prison, not only by inmates, but by staff too. In fact, 75 percent of all rape cases reported have been done by staff. Juveniles are also 36x more likely to commit suicide while in adult prison. (“The Steep”1)
Since more and more violent crimes from Juveniles have kept popping up, many courts have been wanting to lower the minimum age of eligibility for waiver into adult prison.
In most states, the eligibility age is at 16, but some states don’t have an age limit at all. There are many factors that may cause a minor to be tried as an adult such as: A lengthy juvenile record, being charged with a serious offense, such as homicide, or past rehabilitation efforts being unsuccessful. (“When” 1). Some argue that race and ethnicity have a big part of who does or does not get tried as an adult. A 2007 study found that minors who are black were about 10x as likely to be committed to adult facilities, despite the fact that half of those cases were related to “property, drug, or public order crimes, not serious violent offenses.” (“New” 1).
Conclusion
There are many different pros and cons for children being tried as adults depending on different morals, but by putting an end to juvenile crime before it even starts all of these problems with juveniles in the judicial system would be able to be avoided and society would be much safer and happier for
everyone.