In recent discussion of Juvenile Justice, a controversial issue has been whether juveniles should be tried as adults in adult courts for heinous crimes they have committed. On one hand, some argue that they should not be tried as adults and do not deserve harsh sentences but as children seeking help. On the other hand, however, others argue that those who commit such heinous crimes ought to be punished no matter the age. 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. Juveniles don't have the knowledgeable or moral capacity to understand the consequences of their actions; similarly, they lack the same capacity to be trial defendants. Juveniles today are more knowledgeable and cultured at a younger age; they understand the implications of violence and how violent weapons are used. It is irrational to argue that a juvenile, who sees the effect of violence around him in the news every day, does not understand what killing really is. The fact that “adolescent killers” know how to load and shoot a gun or use a knife to kill is an indicator that they understand exactly what they're doing.…
I do think that inmates should be afforded the same due process as the general public. Due process is protected under the Fourth and Fifth Amendment. The Fifth Amendment stated, “No person shall be…deprived of life, liberty, or property, without due process of law (Cripes, pg. 201)”. It does not excluded races, nationality, social status, gender or location of the person (i.e. inmates) as part of the writing. Therefore, inmates are allowed due process however since they are in prison the extent of liberty and property are limited. Often inmates’ reference due process concerning the disciplinary action taken by official which infringe on their liberty and property. For example, in Sandin v Conner, the reduction of the inmate liberty was found…
As the number of prisoners increase within the prison systems today, a question has risen on should prisoners lose their constitutional rights while in prison. Constitutional rights are the rights that are granted to the citizens by the government. These rights can’t be taken away legally. The way a prisoner is treated is not based on their behaviors or what crime they’ve committed, but is left up to the administrators of the prison. “In the late 1960s and early 1970s, the federal courts began to oversee state prison systems and develop a body of law dealing with prisoners ' rights. During the 1980s, however, a more conservative Supreme Court limited prisoners…
“Inmates of American prisons do not have the full constitutional civil rights of an ordinary citizen, but they do receive some protection under the Constitution. Among these rights are the right to a punishment that is not cruel and unusual, due process, the right of access to parole and the right not to be discriminated against.” (Faranda)…
After analyzing dozens of proposed state amendments that have been a part of recent Florida elections, I began to notice patterns in the decisions and began studying the process. The amendment proposals I viewed had been passed, denied, and even overturned by the courts. First I viewed the debate and proposed 2014 amendment of medical marijuana in the Politics in Florida book (Ch. 2, Pg. 58). After, I viewed another 2014 amendment that was less debated upon, being the Water and Land Conservation (Ch. 9, Pg. 300). Lastly I took a slightly different approach in selecting the Florida Marriage Protection Amendment, as this issue was heavily involved in the court system. Instead of analyzing the amendments themselves my goal was…
In this paper, I will discuss three forms of injustice or bias in the American corrections system as it applies to differing branches of government and criminal justice. First, intermediate sentencing for non-violent offenders and why it should be expanded. Second, Political bias in the judicial system in regards to light sentences to violent offenders. Lastly, I will discuss the pardon power of the executive branch politicians in our society and how it can be unjust due to bias.…
Several authors address the issues surrounding juveniles who are tried as adults (Hudson, 2009; Mason, Chapman, Chang and Simons, 2003; Nunez, Tang 2003) Hudson (2009) emphasizes that with the hope of eventual release juvenile offenders will be more inclined to better themselves and gravitate towards rehabilitation while incarcerated.…
This paper will first describe the racial distribution of serious and violent offending among juveniles in the United States. It will provide a picture of the short-term national trends for offending patterns by race and ethnicity and summarize research findings on racial and ethnic differences in chronic juvenile offending. Various explanations are given for the racial and ethnic differences. This paper will include recommendations for improving understandings of these differences and implications for guiding prevention and intervention efforts.…
For this particular assignment, the history of juvenile justice in America will be discussed and how parens patriae, the child saver movement, and the JJDPA were all instrumental in shaping it.…
Why is it important to consider arrest rate trends when attempting to examine juvenile crime trends?…
Edwin Desamour was driving with his 3-year-old son in their Philadelphia neighborhood when the little boy looked up and said, “Daddy, look at the moon! I want to go there,” so his father did what many parents would: he bought his son books on science and space and encouraged him to believe that his dreams can come true. Edwin’s son has been blessed with a vastly different childhood than Edwin had. Edwin grew up poor in a violent neighborhood in Philadelphia, surrounded by drugs, guns, and rimes. At age sixteen he was convicted of homicide. The time he spent with his father as a teenager came when they were assigned to the same cellblock in prison. Edwin was caught up in dangerous surroundings he did not chose, and his violent actions as an adolescent resulted in terrible loss, but he matured in prison and was determined to earn parole so he could return to his old neighborhood and make a difference in the lives of other young men (Edelman 1). Juvenile justice refers to teenagers going to jails for committing crimes like stilling, killing or abusing someone or even a school fight. Well for me juvenile justice is wrong because every person deserves a second chance because nobody is perfect. Kids are able to change after their first mistake. My topics are about students that regularly show up in the courtroom who shouldn’t be there and youths being treated like adults are it right or wrong? And my last topic is about the courtrooms are they being racist or are they obeying the law.…
Throughout history, rarely was there any emphasis on the special needs of juvenile offenders. Typically, adult and juvenile offenders who committed a crime were processed in a similar manner and were subject to similar punishments as the other. In the fifth century, it was determined that children of the fixed age of seven under certain conditions should be exempted from criminal…
According to Clay Thompson article, “The Lost Boys: California is Trying Kids as Adults-and Locking Them Up for Life. No One Knows How Many”, on the project censored website,“ In California alone minors as young as 14 are being punished into the adult criminal justice system. As a result children face adult punishments sometimes as severe as life in prison” (Thompson). We have age limits on things because it is quite obvious that youth are not fully capable of making the right decisions. For one, the brains of adults and adolescents are not developed the same way. Nor does it help to give a harsher punishment to an adolescent because the court thinks that a lesson will be learned this way. If we are sending our youth directly into the adult system then thats a sign of us giving up on them, and as a community we are failing. Rather than sending off a child into the adult world we must give them a second chance.…
In the United States we have two parallel systems that deal with individuals that commit crimes and or offenses against society. First we have the criminal justice system, a court which deals with adults who commit various crimes. Secondly, we have the juvenile justice system, a court designed especially for minors and is generally thought to help rehabilitate the offender. The salient difference between these two systems, as Mitcheal Ritter puts it, “is the use of distinct terminology to refer to their similar procedures. State and federal legislatures intended this terminological variation to avoid stigmatizing children as "criminals" and to dissociate the juvenile system from the criminal justice system” (Ritter 2010, 222).…
About 20 percent of teens each day are tried as adults. Some teens don’t realize how heinous these crimes they commit are. Depending on the crime, if it’s bad they should get a harsh penalty. Juveniles should be tried as adults because they should pay for their actions, they are mature enough to understand what they did and if they choose to follow grownups and their crimes they should pay the same penalty.…