Juvenile Justice System: Should They Be Tried as Adults?

How would you feel if you were 14 years old and considered the youngest child sentenced to life imprisonment without the possibility of parole? Well, Lionel Tate is living that reality because in 1999 while wrestling he killed a 6 year old girl by putting her in a head lock and slamming her head into a table. He was convicted of first degree murder, even though the jury did not believe his actions of killing or injuring her where intentional. Considering this can happen to your family, do you think juveniles should be charged as adults?

I believe juveniles should not be tried as an adult. My primary reason is because they have the ability to be rehabilitated. Second, there are many dangers associated with juveniles in prison. Lastly, the harsh sentencing laws make it easier to try juveniles as adults.

The Juvenile Justice System was founded on principal that children are different from adults, and therefore should focus on rehabilitation, not punishment. In Pennsylvania, the juvenile justice system provides for the supervision, care and rehabilitation of juveniles by ensuring community protect accountability, and competency. Due to the fact that children are uniquely positioned for reform and redemption there is great potential for rehabilitation of juveniles. .According to Terence T. Gorski, who is an internationally recognized expert on substance abuse, mental health, violence, & crime and others qualified professionals; scientific studies have determined that the human brain undergoes continuous development up to the age of twenty-one. Adam Ortiz who is with the American Bar Association Juvenile Justice Center also states, "Because the brains of juveniles, particularly the frontal lobes, are not fully developed, youths lack the ability to perform critical adult functions, such as plan, anticipate consequences, and control impulses “Although juveniles should be punished for their crimes, they are not as responsible as adults. Therefore, this is why we refer to those under 18 as `minors ' and `juveniles ', because in many aspects they are less than adult." In my opinion, if we continue to focusing on punishment, we are failing to implement changed behavior, teaching new skills, and developing positive attitudes. Instead we are giving harsh punishments in accordance to the catch phrase an eye for an eye.

Since the adult system was not designed with the youth in mind, the negative consequences are overwhelming. Children in prison are more likely to commit suicide, be sexually abused, attacked, and beaten by staff than children in juvenile facilities. When juveniles are sentenced with adult convictions, there record becomes public and therefore opportunities for employment are impacted. They are more likely to re-offend due to the negative influences of the adult system. Most youth are denied education and rehabilitation services that are crucial to their development. This can increase the difficulties they will have if and when they return to the community. Youth are subjected to 23 hours a day in isolation with no natural light. Due to being under these conditions, it can cause anxiety, paranoia, and mental disorders.

Originally the law defined the difference between juveniles and adults by having separate justice systems. However, laws have changed over the last 10-20 years permitting juveniles to be tried as adults in every state. Commonly referred to as a “waiver” or “transfer” is a law that is utilized to bypass the juvenile court, by granting either juvenile judges or prosecutors the discretion to transfer cases to adult court. Although there are four methods in which a youth can be moved from juvenile jurisdiction to adult court, the most common is a judicial waiver. This is when a juvenile court judge has the authority to waive his court’s jurisdiction. In addition to these discretionary choices numerous states have mandatory transfer laws, which are based either on the juvenile’s crime or age. Lastly some states have set the age of juvenile court jurisdiction below age eighteen which juveniles are automatically sent to adult court regardless of their offense. While 40 states continue to demonstrate a commitment to use under age eighteen, using seventeen as the maximum age of juvenile court jurisdiction, ten states have lower ages. In PA the minimum age for transfer is 14 years old, but as of October 2010, the Pennsylvania Senate Bill 1169 was signed into law. With this bill it allows for a youth that was prosecuted in the adult system to be “decertified” and held in a juvenile facility instead of prison.

The old saying goes there are two sides to every story: therefore I bring your attention to the advantages for trying juveniles as adults. To allow one person one punishment and another alternative punishment for the same crime does not equal fairness. With that said, the following reasons support juveniles being tried as adults. First, most of the public wants violent juveniles tried as adults. In a 1993 poll, 73 percent of people interviewed favored trying juveniles in adult court rather than what they feel is “a lenient juvenile court”. Second, someone needs to stand up for victims rights. Currently, eleven states give victims the right to have their addresses kept confidential, twelve states have provisions in law providing victims the right to a separate waiting area, and most states give victims the right to be present at the juveniles proceeding. Lastly, we need to hold juveniles accountable for their actions regardless of age. Even though there are some points that I would agree with, ultimately I still stand firm with my position.

In conclusion, I hope that eventually the laws will reform to protect our youth by rethinking the sentencing laws, rising the age of juvenile jurisdiction, and providing provide them with the proper rehabilitation instead of punishment so that they can become responsible adults with in our society.

Works Cited

Campaign for Youth Justice.com. N.p., n.d. Web. 19 Sept. 2012. .
"Juvenile Justice." Juvenile Justice. N.p., n.d. Web. 19 Sept. 2012. .
"Juveniles Should Be Tried as Adults." Debate:. N.p., n.d. Web. 19 Sept. 2012. .
"LBJ School Releases First-Ever Comprehensive Policy Study on Trying and Sentencing Children as Adults, "From Time-Out to Hard Time: Young Children in the Adult Criminal Justice System"" Home. N.p., n.d. Web. 20 Sept. 2012. .
"Lionel Tate." Wikipedia. Wikimedia Foundation, 09 June 2012. Web. 19 Sept. 2012. .
"Juvenile Law Center." Navigating the Juvenile Justice System in Pennsylvania. N.p., n.d. Web. 20 Sept. 2012. .

Cited: Campaign for Youth Justice.com. N.p., n.d. Web. 19 Sept. 2012. . "Juvenile Justice." Juvenile Justice. N.p., n.d. Web. 19 Sept. 2012. . "Juveniles Should Be Tried as Adults." Debate:. N.p., n.d. Web. 19 Sept. 2012. . "LBJ School Releases First-Ever Comprehensive Policy Study on Trying and Sentencing Children as Adults, "From Time-Out to Hard Time: Young Children in the Adult Criminal Justice System"" Home. N.p., n.d. Web. 20 Sept. 2012. . "Lionel Tate." Wikipedia. Wikimedia Foundation, 09 June 2012. Web. 19 Sept. 2012. . "Juvenile Law Center." Navigating the Juvenile Justice System in Pennsylvania. N.p., n.d. Web. 20 Sept. 2012. .