Preview

Should Juveniles be tried as Adults?

Better Essays
Open Document
Open Document
2030 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Should Juveniles be tried as Adults?
Running Head: SHOULD JUVENILES BE TRIED AS ADULTS?

Should Juveniles be tried as Adults?

Should Juveniles be Tried as Adults? The law states that any person under the age of 18 is classified to be a juvenile and when they commit a crime they are tried in the juvenile court system. Although this is true with most cases there are times when the state will allow youths under the age of 18 to be tried as adults. This differs from state to state as each state has their own rulings. If a juvenile is tried as an adult they will stay classified that way and will be tried for any other offenses even if they are still juveniles as an adult. According to Stalans, & Henry (1994, p. 675-6) “they state that policymakers believe that juvenile justice system should take care of all problems that have to do with juveniles and shape them into productive law abiding citizens. In contrast the adult courts are aimed at punishing offenders.”
States have the option at what age a person is classified to be an adult and many had 16 years of age as the time that the person will be tried as an adult. Many states that do have the 16 year old as an adult are changing this from 16 to 18. According to Mosi Secret, (2011) in an article written in the New York Times (2011, p. 1) “as many states change the rule from 16 to 18 years of age New York may be the only state left where adulthood in criminal matters starts at the 16th birthday.” The reason for this change is that a consensus is emerging that the young delinquents have been mishandled by the adult court system. These changes were from studies showing that older adolescents differ from adults in making sound decisions and benefit more on treatment then incarceration (Mosi Secret, 2011, p. 1).
The issue about the age has been under debate in New York since the other states have changed their ages to 18 years to be tried as an adult. According to Mosi Secret (2011, p. 1) “New York led



References: Dozortseva, E. G. (2009) Forensic psychiatric and psychological assessment of minor Offender, Clinical and forensic psychology, Flesch, L. M. (2004) JUVENILE CRIME AND WHY WAIVER IS NOT THE ANSWER. Reaves, Jessica (2001) Should the Law Treat Kids and Adults Differently? Times USA from http://www.time.com/time/nation/article/0,8599,110232,00.html Secret, Mosi (2011) States Prosecute Fewer Teenagers in Adult Courts, New York Times, http://www.nytimes.com/2011/03/06/nyregion/06juvenile.html?pagewanted=all&_r=0 Stalans, L. J., & Henry, G. T. (1994). Societal views of justice for adolescents accused of murder: Inconsistency between community sentiment and automatic legislative

You May Also Find These Documents Helpful

  • Better Essays

    Jessica Wilde stated, “All crimes committed by juveniles should and must be treated in the same regard, it’s not to punish heinous acts, then to provide justice to the families of the victims” (Teens Should). Some argue that children should be tried as adults because they know what they are doing. According to some studies, brain development is not complete until the mid-20s (Merrefield 3). Others believe that by not punishing juveniles to the full extent of the law, it is implied that they are above the law and receive special treatment (Should Juveniles be Tried as Adults? 3). On the other hand, holding a twelve year old to the same standards as a thirty year old when they lack the same mental development is wrong (Should Juveniles be Tried as Adults? 5). It is proven that the cognitive development of a child is not complete until they are in their early twenties (Should Juveniles be Tried as Adults? 5). Although there may be a few downfalls to not prosecuting juveniles as adults, it benefits the youth of the nation far…

    • 1400 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…

    • 2342 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    Kupchik, A. (2006). Judging juveniles: prosecuting adolescents in adult and juvenile courts. New York University Press, 243-244.…

    • 1525 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Juvenile Justice System

    • 1217 Words
    • 5 Pages

    When we start to discuss juvenile delinquency and juvenile crimes it can sometimes become complicated because of age limitations that come within the bounds of the law. Each state has their own interpretation of what is considered a juvenile in the juvenile justice system. Juveniles in the State of Louisiana are defined as anyone who is older than age 10 and younger than age 17, where a 17-year-old is classified in the eyes of the state as an adult. In the State of Louisiana a 10-year-old juvenile may be charged for any crime that he or she may commit. In the juvenile justice system there are six categories in which are still used in today’s judicial system jurisdictions to describe the variety of children are subject to juvenile court jurisdiction (Schmalleger, 2011).…

    • 1217 Words
    • 5 Pages
    Better Essays
  • Good Essays

    "... almost every state has made it easier to try juveniles as adults. Congress provided additional encouragement to this trend in 1998 by making some federal grants contingent on states having policies allowing for the prosecution of those over the age of 14 as adults." (p. 4)…

    • 316 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Determining whether a juvenile is identified as a child or an adult is quite simple. If a juvenile is under the age of 18 then he or she is not an adult and if a juvenile has graduated from high school then he or she is identified as an adult. I believe that if a juvenile has not developed a certain level of intelligence or has not emotionally developed then they can’t be identified as an adult. In addition to that, although juveniles may have developed the sense of knowing right from wrong they may not know what’s right from wrong in the “adult world.” There have been laws passed to permitting juveniles to be transferred to adult court. The process with transferring juveniles to adult courts starts with the seriousness of the offense committed by the juvenile. If a juvenile has committed an offense such as armed robbery or murder then without a doubt there aren’t any excuses for…

    • 512 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong ("Cornell University Law School," n.d.).…

    • 1635 Words
    • 7 Pages
    Better Essays
  • Good Essays

    There are many laws that specifically prohibit teen and adolescent under the age of 18 from doing many things and are there to “protect” us. There is always a punishment when they are broken. The same should apply, if a juvenile is to commit a heinous crime like homicide or first-degree murder, they should be tried and sentenced for the crime. Therefore, I do agree that juveniles should be tried as an adult when they commit the same crimes as that of an adult.…

    • 755 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Juveniles Tried as Adults

    • 455 Words
    • 2 Pages

    “For over one hundred years, laws in the United States have distinguished juveniles who were charged with crimes from adult’s juvenile courts are structures to be less formal than their adult counter parts” (Huma Khan). No matter what the crime the juvenile is still a juvenile and should only be a tried as a juvenile. A juvenile court system allows for teens to be rehabilitated, one example is a boy named Tyheem J. Henery accused of beating another student to death and prosecutors want to try him as an adult. Officers from his detention center say he is model in mate and cab be rehabilitated. This proves that even the nastiest of young criminals are still too young to understand the…

    • 455 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In Kentucky, and in many other states as well, after the age of 18 you are considered an adult. This is the level of majority. If someone were to commit a crime at this age or older they would be tried as an adult. Children under the age of 18 cannot be sentenced to death or to life without possibility of parole. This is because children are physically incapable of making mature, responsible, well processed decisions. Opinions from one person to the next differ as there are several reasons concerning juveniles how they should be treated and tried in criminal cases (Southerland). The issue may be more of a debate as some people would say that kids do not have enough reasoning and lack common sense. Others, on the other hand, would say that juveniles have plenty of brains and common sense. There are strong reasons as to why juveniles should not be tried as adults and should not be eligible for life without parole.…

    • 1256 Words
    • 6 Pages
    Good Essays
  • Good Essays

    A movement has taken hold of our nation to change the juvenile justice system, and erase any distinction between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults and scrapping long-time efforts to help rehabilitate delinquent kids and prevent future crimes. It seems to be plain and simple, a minor in this country is defined as a person under the age of eighteen. How then can we single out certain minors and call them adults? Were they considered adults before they carried out an act of violence? No. How then, did a violent act cause them to cross over a line that is defined by age? The current debate over juvenile crime is being dominated by two voices: elected officials proposing quick-fix solutions, and a media more intent on reporting violent crimes than successful prevention efforts. Minors should not be tried as adults in our society today. This is obvious through looking at propositions by our government such as Proposition 21, statistics on juvenile crime and also from specific cases where minors where sentenced in adult courts.…

    • 2039 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Juvenile Justice System

    • 2095 Words
    • 9 Pages

    In today’s society, there are not that many distinctions between juveniles and adults when it comes to the criminal justice system. The main distinction between an adult and a juvenile is of course the age and the types of sentencing a juvenile may receive compared to an adult. The juvenile justice system has a tiered affect when it comes to sentencing but it relies heavily on the maturity and intellect of the juvenile. Due to that reason, there will always be a separate juvenile justice system to ensure the juvenile truly understands the nature of the crime and the consequences.…

    • 2095 Words
    • 9 Pages
    Better Essays
  • Best Essays

    Juvenile Death Penalty

    • 1324 Words
    • 6 Pages

    The law states that United States citizens become of legal age on their 18th birthday. They are free to vote, buy cigarettes, incur debt, make their own decisions, get married, and be subjected to all adult measures of criminal prosecution for their crimes. (Ironically they still cannot legally rent a car, in most states, or purchase/drink alcohol). However, the Judicial system can retract this standard age and prosecute offenders to adult culpability as young as 16 (Death Penalty Information Center). Determining whether an offender can be tried as an adult most certainly has guidelines. The factors vary by state, but based on the Supreme Court's direction in Kent v. United States, they generally include the following: the nature of the crime; whether the offense was committed in an aggressive, violent, or premeditated manner; the merit of the charges; the sophistication, maturity, and prior history of the minor; public protection; and the likelihood that the child can be treated and rehabilitated (Hurabiell,et al.).…

    • 1324 Words
    • 6 Pages
    Best Essays
  • Powerful Essays

    PSY328 final proposal

    • 1936 Words
    • 6 Pages

    Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…

    • 1936 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    In 1997, 22 states had provisions for transferring juveniles to criminal court which did not specify a minimum age. For those that did not specify a minimum age, the most common (16 states) was age 14. Two states, Kansas and Vermont, set the minimum age as low as 10. In many states, once a juvenile is tried and convicted as an adult, he/she must be prosecuted in criminal court for any subsequent offenses. In the United States, the courts see juvenile as juveniles, not adults, and they are under the Juvenile Justice and Delinquency Prevention Act of 1974, no matter what. Kansas and Vermont, their state has a lower age range then the United States, which is good, because crime comes in different ages, and the younger the age is, the more protection…

    • 413 Words
    • 2 Pages
    Good Essays