Therefore, a juvenile’s request to have their probation officer present is not a per se invocation of their right to remain silent. The Supreme Court held that the respondent clearly waived his Fifth Amendment rights, and the statements and sketches were given voluntarily so they should be admissible in court. This decision was held with a 5 to 4 vote from the court justices (Fare v. Michael C.,
The issue in this case revolves around the civil rights under the Constitution of the United States for a juvenile that is going through proceedings as a delinquent when there is a potential for incarceration. Gerald Gault was a 15-year-old that was accused of making an obscene telephone call to his neighbor, a Mrs. Cook, on June 8, 1964. Subsequently, Mrs. Cook filed a complaint with the police regarding the incident. Eventually that same day, Gerald Gault and Ronald Lewis, a friend, were arrested for the incident and transported to the Children’s Detention Home.
CASE: In re Gault, 387 U.S. 1, 28 (1967) The right to counsel when facing the prospect of institutionalization was clearly articulated in the case of In re Gault (Elrod & Ryder, 2014). The decision, in this case, was the turning point for the rights of juvenile within the United States Courts (In re Gault, n.d.). This was the first time that the Supreme Court held that children facing delinquency prosecution had several of the same legal rights as adults within criminal courts (In re Gault, n.d.). Rights included the right to an attorney, the right to remain silent, the right to notification of charges, and the right to a full hearing on the merits of the case (In re Gault, n.d.).
Similarly, he considers research that illustrate the net negative effects of youth incarceration, arguments that discourage shackling, fiscal arguments for the reaction of incarceration of the youth, and the significance of due process protections and quality representations for the accused youths for the
Juvenile justice: a social, historical, and legal perspective (4th ed.). Burlington, MA: Jones & Bartlett Learning. Legal Dictionary. (n.d.). Roper v Simmons.
Juvenile Justice Essay In the United States, there have been many cases where a juvenile would be found guilty and be tried as an adult. There are other cases where those juveniles are tried as adult forever. I am against charging juveniles as adults when they commit violent crimes, the juveniles lose many educational opportunities and the adult system is far too dangerous for the young juveniles. Juveniles are also young kids but only the fact that they do not get the same amount of education or experience that other teens gain.
There are approximately 1,200 people that are in jail for life for crimes they committed as children (“Sentenced Young”). More than 25% of those people “were convicted of felony murder or accomplice liability”, that is they were not the person who killed the individual and may have not even been there when the killing took place (“Facts and Inforgraphics”). The majority of the juveniles sentenced to live-without-parole come from states that’s the mandatory sentence regardless of their age or circumstances (“Facts and Inforgraphics”). California, Florida, Louisiana, Michigan, and Pennsylvania have the greater part of the juveniles sentenced to live-without-parole(“Facts and Inforgraphics”). 14 states have banned live-without-parole sentences
When kids that are only 16 and 17 are tried in adult court, studies have shown that these teens are more likely to commit crimes and serious offenses. For this reason some kids get into a cycle of trials, Juvy, and release because that is all they know how to do, because when they are released they don’t know how to live a normal life.
Why should teen felons get to spend their jail time in juvenile detention centers for committing the same crimes as adults? In today’s world, teens are increasingly committing violent crimes and being put in juvenile detention centers. Teens need to be tried as adults because it helps to bring justice to families of victims, and it also teaches the teens accountability. Charging teens as adults will also help reduce crime in the United States. Although many people feel that teens should not be given severe punishments because they are immature and innocent, they have not considered the problem teens are creating by committing these crimes..
There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law.
These three ethical issues that are rising in the juvenile justice system will be further examined. Should adolescents be held to the same level of accountability for their actions as adults? LaBelle
In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
In our society, crimes are being committed not only by adults but by juveniles as well. By law as soon as a person turns 18 they are considered to be an adult. So what if an adult and a juvenile were to commit the same crime yet were sentenced differently simply based on the fact that one is a child and one is an adult? Juveniles are committing violent crimes just as adults and should be given the equal treatment and sentencing as adults receive. Juveniles aren’t completely ignorant as everyone seems to think.
Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.
