Why should juveniles not be tried as adults?
Should ... children are not mature enough. Much like why we don’t allow kids to make certain decisions in life like adults, they shouldn't be held to the same standards of accountability either. In the literal sense of the word, juvenile justice is ...
Is it acceptable for juveniles to be tried as adults?
Once a juvenile has been tried as an adult, they will likely be considered an adult in court if they commit crimes in the future. Based on recent cases, almost all states now allow juveniles under the age of 18 to be tried in court as adults. This will depend on the circumstances and factors listed above.
Why are some juveniles charged as adults?
Why are Some Juveniles Tried as Adults? Juvenile cases that involve serious crimes are sometimes tried in adult criminal court. If a young person has a long history of trouble, he or she may also be tried as an adult. A process called a ‘waiver’ happens when a judge waives the protection offered by a juvenile court.
What does trying a juvenile as an adult mean?
Trial as an adult is a situation in which a juvenile offender is tried as if they were an adult, whereby they may receive a longer or more serious sentence than would otherwise be possible if they were charged as a juvenile.. Where specific protections exist for juvenile offenders (such as suppression of an offender's name or picture or a closed courtroom where the proceedings are not made ...
Why should juvenile not be tried as adults?
Prosecuting Youth as Adults Puts Them At Risk Many youth in the justice system have experienced or witnessed violence and trauma. Youth in the adult criminal justice system face a higher risk of sexual abuse, physical assault, and suicide.
What are the benefits of trying juveniles as adults?
List of the Pros of Trying Juveniles as AdultsIt offers a suitable penalty for severe crimes that some juveniles commit. ... It reduces the chance that a repeat offender will commit multiple severe crimes. ... It treats teens who are almost adults as part of the adult system for the purpose of justice.More items...•
How does trying juveniles as adults reduce crime?
Young offenders will receive sentences in the adult criminal system which are harsher and more proportional to their crimes. The threat of this harsher punishment will result in lowered juvenile crime rates.
Why should juveniles be treated differently than adults?
As you can see, the difference in terminology between adult and juvenile court indicates that juvenile offenders are often treated more leniently. This is because there is a strong inclination to rehabilitate juveniles, instead of merely to punish them. Adults are punished for their crimes.
Should juveniles be treated as adults pros and cons?
7 Top Pros and Cons of Juveniles Being Tried As AdultsIf they are convicted as juveniles, they would gain freedom from the system at age 25. ... Deter and minimize crimes committed by minors. ... Brings justice to the victims. ... Correct a case of blind justice. ... Trial by jury. ... Minors will be put at risk.More items...•
Should juveniles be treated as adults debate?
A juvenile delinquent should be tried as an adult as punishment acts as deterrent to crime. Juveniles are sane enough to differentiate between good and bad. Therefore, children can commit crimes as they have decided to choose the wrong path.
Can juveniles be treated as adults?
According to the 2015 Act, juveniles charged with heinous crimes and who are between the ages of 16 to 18 years can be tried as adults. For a Child in Conflict with Law (CCL) to be tried as an adult, age on the date of the offence decides whether the accused was an adult or a child.
What are 3 causes of crime for juveniles?
Childhood psychological trauma, violence, imitation of criminal authorities, etc, are also cited as reasons for juvenile delinquency. Below we will try to review the factors named by the respondents from Kutaisi and explain the circumstances that can cause the crime in minors.
What factors are to blame for juvenile?
Family characteristics such as poor parenting skills, family size, home discord, child maltreatment, and antisocial parents are risk factors linked to juvenile delinquency (Derzon and Lipsey, 2000; Wasserman and Seracini, 2001).
Why juveniles offend at a higher rate than adults?
It is argued that a range of factors, including juveniles' lack of maturity, propensity to take risks and susceptibility to peer influence, as well as intellectual disability, mental illness and victimisation, increase juveniles' risks of contact with the criminal justice system.
What is the youngest juvenile to get the death penalty?
The youngest person ever to be sentenced to death in the United States was James Arcene, a Native American, for his role in a robbery and murder committed when he was ten years old.
How the status of juveniles differ from that of adults?
The system in juvenile court is much more focused on the best interests of the child, and trying to make sure they are rehabilitated prior to becoming an adult. There is much more emphasis on treatment, therapy, and education rather than just punishment.
What are the advantages of juvenile?
A few of the documented benefits of juvenile detention centers include: protection from physical and sexual abuse by keeping them apart from adult offenders. rehabilitation through psychological counseling, substance addiction treatment and access to education. structure and routine to facilitate rehabilitation.
Why is it important to study juvenile delinquency?
Delinquency research serves two vital purposes: to generate or develop theory, and to test theory.
Why is rehabilitation good for juveniles?
Effective rehabilitation is important because it helps to eliminate the vicious cycle of recidivism and proper rehabilitation can lead to juvenile delinquent population not resorting to adult criminal activity.
What are the reasons adults pointed to as promoting juvenile delinquency?
Leading Contributing Factors To Juvenile DelinquencyPoor School Attendance. Poor school attendance is one of the top factors contributing to delinquency. ... Poor Educational Standards. ... Violence In The Home. ... Violence In Their Social Circles. ... Peer Pressure. ... Socioeconomic Factors. ... Substance Abuse. ... Lack Of Moral Guidance.
How old were juvenile homicides in 2016?
In 2016, approximately 9% of the known juvenile homicide offenders were under the age of 15. Within that same data set, 79% of the offenders were either 16 or 17 years old at the time they committed the crime.
What is the juvenile system?
The juvenile system focuses on providing youth offenders with counseling, vocational development, and school access which allows them to continue with their studies. There may be some mental health supports available as well.
How many murders did juveniles commit in 2016?
From data released in 2016, the OJJDP reports that known juvenile offenders were involved in approximately 700 murders in the United States. That represents about 7% of all the known murder offenders which are in the country.
What are the options for juvenile judges?
Their options include house arrest, curfew, counseling, or treatment in residential programs in addition to juvenile facilities which are similar to jails or prisons.
How old is too old to be charged with a murder in Wisconsin?
There is a case of a 10-year-old girl in the state of Wisconsin who was charged in 2018 in the killing of a 6-month-old, and state law requires anyone who is age 10 or above to have their case brought in adult court.
What did the Supreme Court say about the band?
The Supreme Court of the United States declared that all states must retroactively apply a band on mandatory death-in-prison sentences for juveniles. Justice Kennedy at the time even wrote that children who commit heinous crimes are capable of changing.
Why do people transfer cases to adult court?
By transferring the case to the adult court system, it provides an opportunity for the community to weigh in on what they believe the outcome of the case should be. If they feel like it is improper to have the case held there, then they can take permitted actions as a juror to make that preference known.
Why were juvenile courts created?
The reason that juvenile courts were originally created in the nineteenth century was because society recognized that juveniles did not have the cognitive development that adults had, would benefit more from rehabilitative services to prevent recidivism, and needed more protections.
Why is the increase in juvenile court law important?
The increase in laws that allow more juveniles to be prosecuted in adult court rather than juvenile court was intended to serve as a deterrent for rising youth violent crime. As such, it is important to evaluate what happens to juveniles who go through the adult court system to determine if they are “deterred” from future crime. A comprehensive literature review was completed by the University of California, Los Angeles (UCLA) School of Law’s Juvenile Justice Project in July 2010 that reviewed the impact of juvenile cases prosecuted in adult court. The report, The Impact of Prosecuting Youth in the Criminal Justice System: A Review of the Literature, ultimately found that there has been little to no deterrent effect on juveniles prosecuted in adult court, and in many states, recidivism rates have actually increased.
What was the difference between juveniles and adults in the 1700s?
In the 1700s, laws did not distinguish between juveniles and adults within the criminal justice system . According to a PBS Frontline online article, “ Child or Adult? A Century Long View ,” children as young as seven years of age were charged, tried, and sentenced in adult criminal courts. This posed many problems, given that there were typically no distinctions made between age, gender, and mental illness, so prison and jail populations were mixed with juveniles and adult criminals. See Center on Juvenile & Criminal Justice, “ Juvenile Justice History .”
How much of the time are juveniles rearrested?
Statistics compiled from 15 states revealed that juveniles prosecuted in adult court and released from state prisons were rearrested 82 percent of the time, while their adult counterparts were rearrested 16 percent less. Id.
Why is recidivism so high?
These higher rates of recidivism can be attributed to a variety of reasons, including lack of access to rehabilitative resources in the adult corrections system, problems when housed with adult criminals, and direct and indirect effects of a criminal conviction on the life chances of a juvenile. Id.
What is the legal age for juvenile court?
Seven states use age 16 as the upper age for juvenile court jurisdiction (Georgia, Louisiana, Michigan, Missouri, South Carolina, Texas, and Wisconsin). In only two states—New York and North Carolina—age 15 is considered the upper age of majority for juvenile court.
What age can an adult be charged with a crime?
Every state determines at what age an adolescent is no longer considered a “juvenile” and becomes an “adult” for criminal justice purposes. Once the “juvenile” reaches the statutorily defined age and is accused of a crime, that individual will automatically be charged in the adult criminal system. According to Juvenile Justice Geography, Policy Practice & Statistics (GPS) information from 2015, the overwhelming majority of jurisdictions (41 states and the District of Columbia) define age 17 as the highest age that an individual can have a case originate in juvenile court. Juvenile Justice, Geography, Policy, Practice & Statistics, “ Jurisdictional Boundaries .” Seven states use age 16 as the upper age for juvenile court jurisdiction (Georgia, Louisiana, Michigan, Missouri, South Carolina, Texas, and Wisconsin).
What does it mean when an adult commits a crime and is punished for the same?
Arguments also run through that when an adult commits a crime and is punished for the same, he or she will remember throughout the period of his/her sentence, the reason why he/she has been punished. He/she can thus feel remorse for his/her actions.
Why are juvenile delinquency punishments less harsh than adult delinquency punishments?
Their young age acts as a deterrent for placing them in a trial that an adult would be placed under, and that’s the reason why juvenile delinquency punishments are often less harsh than an adult’s would have been had he/she committed the same crime. Is that the right attitude to adopt or are we merely giving them a reason to commit more crimes ...
Why are juvenile courts necessary?
This pointer overrides the present juvenile system law completely which states that juvenile courts are necessary because children cannot be tried in the same manner as adults are tried. Here are a few pointers that will help you understand why eradicating the juvenile system might be considered a negative factor.
What age do you have to be to be a juvenile?
Before getting into the debate at hand, we need to understand certain basic themes first. Juveniles are children who fall under the age of 18 (though in some states in the USA, this age is either set a little higher or a little lower) and have committed a crime.
What is the age limit for a child to be considered an adult?
Many also believe that the age limit is quite high (18). At this age, a child is no longer a child and can be considered an adult.
How old are kids when they commit a crime?
On most occasions, you’ll find that the kids who have committed a crime are very young — as young as 9 and 10. It is an understood and proven fact that at an age like this, it is impossible for them to have the mental ability of a normal adult that is required to plan and execute a crime, and moreover to understand the consequences of it. So all in all, it is due to this ‘yet to develop the thought processes of an adult’ that demands us to treat them differently.
Why is it unfair to treat adults with no responsibilities?
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.
Why do juveniles get tried as adults?
Most often when a juvenile is tried as an adult, it is because they have committed a very serious crime. For example, serious crimes include:
What factors should a court look at when deciding that a juvenile should be tried as an adult?
The most common situations where a juvenile is tried as an adult include: The type or nature of the crime is so serious that it is believed that the juvenile should be treated like an adult;
What Are Some Penalties for a Juvenile Crime?
These can include short jail time in a juvenile detention center, smaller fines, and sometimes community service or alternative sentences. Alternative sentences could include things like counseling or rehabilitation. House arrest is also sometimes an option for juveniles when the crime is not very serious.
Should I Hire a Lawyer for a Juvenile Criminal Law Case?
It is recommended that you contact a criminal law attorney in your area that specializes in juvenile criminal law cases. If a juvenile has committed a crime, the consequences could be very serious. A lawyer can give you advice on how to best handle your case. They can also represent the juvenile in any court appearances.
What is the power of a prosecutor to decide whether a juvenile will be tried as an adult?
When prosecutors have the ability to make the decision it is often called “prosecutorial discretion.” Prosecutorial discretion is the term used when the prosecution can use their own judgment and opinion to make a decision.
How old do you have to be to be tried as an adult in California?
For example, in California, any juvenile over the age of 14 can be tried as an adult. However, in other states, a minor as young as 13 can be tried as an adult. Some states do not allow a minor below the age of 15 to be tried as an adult. The law in your state sets the minimum age for a juvenile to be tried as an adult.
What is the juvenile rule?
The juvenile has been tried by a court as an adult before. This is sometimes called the “once an adult, always an adult rule.”. Once a juvenile has been tried as an adult, they ...
Should Juveniles Be Tried as Adults?
Since the juvenile court was started more than a hundred years ago, a basic assumption underlying the juvenile court has been that juvenile offenders shouldn't go through the adult criminal courts. 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. During the 1980s and 1990s, the public called for getting tough with juveniles and trying them as adults. Many states passed laws making it easier to try certain youthful offenders as adults; some states considered the radical proposal of abolishing juvenile courts.
Why should we get rid of juvenile courts?
Supporters of getting rid of juvenile courts center their arguments on the need to punish juvenile criminals and a concern for juveniles' rights.
What is the purpose of juvenile court?
The purpose of the juvenile court is to treat, not to deter. Changing the social environment in which juveniles live is a more effective way to reduce juvenile violence than punishing juvenile offenders in adult courts.
Why are juveniles at risk of violence?
In addition, there are indications that very poor urban communities put youths at greater risk for involvement in violence. Some neighborhoods also provide special opportunities for learning or participating in violence.
When did the public get tough with juveniles?
During the 1980s and 1990s, the public called for getting tough with juveniles and trying them as adults. Many states passed laws making it easier to try certain youthful offenders as adults; some states considered the radical proposal of abolishing juvenile courts.
Does juvenile court deter violence?
The juvenile court fails to deter juvenile violence.
Should juvenile courts be abolished?
Juvenile courts should not be abolished. Many experts believe abolishing the juvenile court will only make matters worse. The premise of the juvenile court is sound—since children have not fully matured, they shouldn't be held to the same standards of accountability as adults. The purpose of the juvenile court is to treat, not to deter.
Why do we try juveniles as adults?
The purpose of trying juveniles as adults is to impose harsher sentences in hopes that the fear of the harsher sentences will make juveniles think twice about com mitting the crimes but studies are showing that this is really not what is happening (PBS, 2012).
What is a juvenile waiver?
Judicial waiver means the juvenile court judge has the authority to send the case to criminal court rather than have it tried in the juvenile court system . This process is also knows as certification, remand, or bind over for criminal prosecution (Griffin, Addie, Adams, & Firestine, 2011).
What is statute exclusion?
Statutory exclusion means that a case starts out in criminal court rather than juvenile court. The juvenile court system is bypassed completely even though the offender is a juvenile. This is also known as legislative exclusion (Griffin, Addie, Adams, & Firestine, 2011).
How old do you have to be to be tried as an adult?
To understand the reasoning for this, one would need to look at the brain and the learning patterns of the human race. Most states have minimum age requirements for an adolescent to be tried as an adult, as stated above these ages vary from 10 to 15. During these years, the adolescent is still maturing and learning from the environment around them which can help shape the person they are to become. A person does not fully mature until they reach adulthood (Feldman, 2011).
What is concurrent jurisdiction?
Concurrent jurisdiction means that both systems work together and the prosecutor decides which avenue is the appropriate avenue for prosecution. This is also known as prosecutorial waiver, prosecutor discretion, or direct file (Griffin, Addie, Adams, & Firestine, 2011).
Why should murder be punished as an adult?
The crime of murder should be punishable as an adult because of the severity of deliberately taking another personââ ‚¬â„¢s life. A person that is capable of deliberately taking another life, regardless of age is not capable of rehabilitation. There are cases of self-defense and accidents that would not be considered deliberately taking a life and should receive case by case consideration. Another case that should be tried as an adult is a case involving deliberate physical assault or injury. Again, if they are to the point they can deliberately cause physical harm and injury to another, they are most likely past rehabilitation and need to be handled as such.
When did the juvenile justice system start?
Guidelines that govern the justice systems came into play in 1974 when the Juvenile Justice and Delinquency Prevention Act were enacted. Since its origination there have been many attempts, successful and not, to amend it. It sets standards for state and local juvenile justice systems, provides direct funding for states, research, training and technical assistance, and evaluations. It was put in place to protect youth (Center for Children’s Law and Policy).