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Should Minors Commit Violent Crimes Be Tried As Adults?

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Should Minors Commit Violent Crimes Be Tried As Adults?
As more minors are committing violent crimes, (Greenwald, 1983) the question arises, Should minors who commit violent crimes be tried as adults? Based on the following scenario one would agree that minors who commit violent crimes should be charged as adults. In the case of a Middlesex teenager and his girlfriend, his punishment was severe and ultimately cost him his life. His girlfriend’s punishment was not quite as severe (unknown, www.clarkprosecutor.org, n.d.). According to the Journal of Criminal Law and Criminology, if a minor knows right from wrong and it can be proven they should be charged (Greenwald, 1983). One could conclude from that journal that minors should endure the punishment that goes with the crime; however, there is a …show more content…
Department of Justice, a juvenile should be charged according to their crime. If they committed a juvenile crime than a juvenile sentence is appropriate. If they commit an adult crime then an adult punishment is appropriate (Redding, 2010). As per the Journal of Criminal Law and Criminology, when it comes to death sentences minors are challenging the decision and saying that capital punishment is unconstitutional. Minors would argue that it violates the Cruel and Unusual Punishment Clause of the eighth amendment. (Greenwald, 1983) This 0Cruel and Unusual Punishment Clause restricts the severity of punishments that state and federal governments may impose upon persons who have been convicted of criminal offenses (Greenwald, 1983). In the United States during the late eighteenth century, English common law rules were applied when sentencing a child. Under these rules children seven and under were not capable of forming criminal intent and therefore not liable for their actions. With ages seven to fourteen, they were still considered unable to form criminal intent (Greenwald, 1983). However, if the child could distinguish right from wrong and understood that the act they committed was wrong, then they could be tried as an adult. Children 14 and older were fully capable of forming a criminal intent and therefore tried, convicted, and sentenced to death. (Greenwald, 1983) According to the Journal of Criminal Law and Criminology there were …show more content…
O. (2001). ucsdguardian.org. Retrieved from Paying Time For Committing Crime: http://ucsdguardian.org/paying-time-for-committing-crime/
Estudillo, M. O. (2001, February 27). www.gale.cengage.com. Retrieved from Juveniles Should Be Tried as Adults in Certain Circumstances : http://www.gale.cengage.com/pdf/samples/sp740776.pdf
Greenwald, H. B. (1983). Capital Punishment For Minors: An Eighth Amendment Analysis. The Journal Of Criminal Law & Criminology, 74 (4), 1471-1517.
Griffin, P. (2011). Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting. Washington, DC 20531: Office of Justice Programs.
Law, U. S. (2010). THE IMPACT OF PROSECUTING YOUTH In The Adult Criminal Justice System. Washington DC: US Department of Justice, Office of Juvenile Justice and Deliquency Programs.
McElroy, D. S. (2000). Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Washington, D.C: The Bureau of Justice Assistance.
Redding, R. E. (2010, June). Juvenile Transfer Laws: An Effective Deterrent to Delinquency? Retrieved from U.S. Department of Justice :

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