Should juveniles be tried as adults. Sentencing Juveniles as Adults is Not Always The Best Policy 2022-10-10
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The question of whether juveniles should be tried as adults is a complex and controversial issue that has been debated for many years. On one hand, some people argue that juveniles should be treated as adults in the criminal justice system because they are capable of committing serious crimes and should be held accountable for their actions. On the other hand, others argue that juveniles are not fully developed mentally and emotionally and should not be held to the same standards as adults.
One argument in favor of trying juveniles as adults is that they are capable of committing serious and violent crimes. There have been cases where juveniles have committed murders, sexual assaults, and other violent crimes, and many people believe that these individuals should be held accountable for their actions. They argue that allowing juveniles to be tried as adults serves as a deterrent to other young people who may be considering committing crimes.
Another argument in favor of trying juveniles as adults is that it can provide a sense of justice for victims and their families. When a juvenile commits a serious crime, the victim and their loved ones may feel that the punishment does not fit the crime if the juvenile is not held to the same standards as an adult. Trying juveniles as adults can help to ensure that justice is served and that the perpetrators of these crimes are held accountable for their actions.
However, there are also strong arguments against trying juveniles as adults. One of the main arguments is that juveniles are not fully developed mentally and emotionally, and therefore should not be held to the same standards as adults. The human brain continues to develop and change until a person is in their early to mid-20s, and this can impact decision-making and judgment. Therefore, it may be more appropriate to treat juveniles as minors who are in need of rehabilitation rather than punishment.
In addition, there is concern that trying juveniles as adults can have negative impacts on their development and future prospects. If a juvenile is tried as an adult and sentenced to prison, they may be exposed to more hardened and experienced criminals who can have a negative influence on their development. This can lead to a higher risk of recidivism and a greater likelihood of future criminal behavior.
Overall, the question of whether juveniles should be tried as adults is a complex and controversial issue that requires careful consideration. While there are valid arguments on both sides, it is important to weigh the potential consequences and impacts on both the juveniles involved and the broader community. Ultimately, the decision to try a juvenile as an adult should be made on a case-by-case basis and take into account the specific circumstances and characteristics of the individual in question.
19 Advantages and Disadvantages of Juveniles Being Tried As Adults
Last month, two Whitman High School students—Andrew Klepper, 15, and Ryan Baird, 14—allegedly beat and sexually assaulted a young woman. So what if an adult and a juvenile were to commit the same crime yet were sentenced differently simply based on the fact that one is a child and one is an adult? For youth offenders the rates range from a low of 0% after 1 year to a high of 41% after 5 years when following up if they were sentenced to a youth facility. In some cases, minors are dangerous, and their actions get overlooked. Prison can become a place where youth really learn what it means to become a criminal. There is a risk that they may never change while in jail and ultimately lose the opportunity to prove that their minds can be rehabilitated and changed for the better.
If a juvenile committee an adult crime, then he or she can be tried as an adult. Youth who commit such crimes are criminals and their age should not allow them to get away with it and continue on that path. It creates more opportunities for youth to become repeat offenders. This number is down 58% since 2008, so it remains very high. With teens committing crimes it should be the same. According to Regoli 2019 , keeping juvenile offenders in adult facilities poses genuine risks to the safety and well-being of those involved. Many legal and juvenile experts have argued that trying juveniles as adults will only make things worse.
Young offenders may not fully understand the gravity of their violent crimes and the impact they can have on victims. If they fail to do so, the children will not understand it. If the point of juvenile courts is to deter and rehabilitate juveniles so that they can succeed as adults, then it is important to evaluate the success of that mission when a juvenile is charged as an adult in the criminal justice system. Transferring them to the institution can help them become more of a positive person inside and out. They should have to serve time for their offense, but jails are not always the answer. The Pros of Juveniles Being Tried As Adults 1.
ARTICLE: In the last six or seven years, states have begun to consider new approaches to juvenile offenders, backed by research showing that incarceration actually increases the chances a young person will commit another crime. Also, as juveniles, they are already subject to a lack of moral judgment and are often times heavily influenced by their parents. Many states passed laws making it easier to try certain youthful offenders as adults; some states considered the radical proposal of abolishing juvenile courts. There are some circumstances where the waiver is presumed, but discretion ultimately rests with the juvenile court judge to make the waiver. Not only were a growing number of kids leaving prison with psychological issues and a greater risk of committing more serious crimes, but the system was also extremely expensive.
The law was able to realize this and change for the better. Firstly, it is a problem to try juveniles as adults because their competency is not developed at the same level as an adult. In other words, Steinberg believes these juveniles are still developing, and their mentality is far more different than an adults. Some may have reverse waiver laws that allow juveniles who are charged in adult court to petition that court to have the case transferred to juvenile court; in these cases, the burden is on the juvenile to prove why the case should be transferred to juvenile court. That is, the judge waives any protection that a juvenile court provides to a minor offender, treating him as an adult that should be punished accordingly. However, in 2014, New York Governor Andrew Cuomo announced the formation of a state task force to evaluate and design a plan to reform the justice system in New York to raise the age.
Should Juveniles Be Tried As Adults For Violent Crimes?
Results of those policies demonstrate that they have failed as recidivism rates for juveniles increased when prosecuted in adult court versus juvenile court. Ultimately, these decisions led Congress to pass the Juvenile Justice and Delinquency Prevention Act in 1974, which still governs the juvenile justice system. That means most offenders do not need to list past convictions once they reach a specific age, like 18 or 21 in most instances. So the children who fall in the higher end of this range, should be punished in the same way as that of adults, it is argued. However, some teens have the maturity and judgment to make a reasoned decision. Cole, George and Smith, Christopher.
22 Should Juveniles Be Tried as Adults Pros and Cons
Trial by jury In a juvenile court, the judge makes all the decisions. The lack of understanding about what is happening and the consequences of their behavior might lead to high risks for them. Many people believe that convicting Lionel Tate as an adult is unfair because he still is a child and children will always be children. They say that if the child is fair because it sets a examples to other children. His conviction was eventually overturned on appeal, which led him to receive 10 years of probation and one year of house arrest. Young defendants may simply not have what it takes—by the standards established in the Constitution—to be able to defend themselves in criminal court.
Is convicting juveniles as adults a better solution? That means a lengthy sentence for something as simple as stealing a backpack or being in possession of certain drugs could create long-term consequences for the entire family to manage. Guidelines that control the justice systems came into play in 1974 when the Juvenile Justice and Delinquency Prevention Act was enacted. The criminal justice should tried children as adults for committing felonies because a crime is a crime regardless of the age of the individual. It eliminates the juvenile threshold for consequences associated with severe crime. The economic burden of court costs, legal fees, restitution, and visitation can have long-term consequences for everyone involved. At such a time, when they have no responsibilities, and mature or responsible behavior like supporting a family is not expected from them because they lack that power to understand the consequences of their actions and delay their needs it is considered unfair to treat them in the same manner as that of adults.
There are fewer opportunities for rehabilitation in adult court. Malvo received a sentence of four life sentences for his conduct at the time. The punishments and sentences that are meted out by juvenile courts are not usually appropriate to the kind of crime that has been committed Cole and Smith 398. When a case falls under one of the statutory exclusion laws, it is mandated that the case be filed in adult court rather than in juvenile court. More Resources INFOGRAPHIC: This graphic illustrates the challenges that remain to reduce racial and ethnic disparities and confinement of youth who commit less serious offenses. There are many supporters and critics of the practice of trying kids as adults. There are a lot of pros and cons that this issue holds, as is clearly seen in the points that have been put forth.
