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Should juveniles be tried as adults law dictionary
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Kids ranging from 8-15 years are tried as a juvenile and to transfer the case into adult court, they would fill out an application to do so. Kids committing crimes such as armed robbery, rape, or even murder should be tried as an adult. This type of allegation will not go unseen just because he/ she is a child. Even though these criminals are children, they will not or should not be exempt from the law or juvenile justice system.
Society is too harsh on kids who commit crimes at a young age. These kids should not let one event from their childhood define their
Crimes are happening around us whether we pay attention to them or not. Those crimes as dangerous as murder are committed by all ages but should younger criminal in their juvenile age received the same punishment as older criminals. On June 25, 2012, the Supreme Court ruled that juveniles committed murder could not be sentenced to life in prison because it violates the Eighth Amendment.(On-Demand Writing Assignment Juvenile Justice) Advocates on the concurring side believes that mandatory life in prison is wrong and should be abolish. However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age.
Waivers to the Adult Court There are several different types of waivers that can be used in the juvenile justice system to transfer a young offender to adult court, but the five most commonly recognized are the judicial waiver, prosecutorial discretion, statutory exclusion, reverse waiver, and blended sentencing. Judicial waiver occurs when a judge decides that a juvenile offender should be tried as an adult based on the severity of the crime or the offender's past criminal history. The judge may consider factors such as the age of the offender, the nature of the offense, and the offender's likelihood of rehabilitation. Prosecutorial discretion is where in some cases, the prosecutor may have the discretion to decide whether to try a juvenile
In the late 1960s and early 1970s, the United States Supreme Court issued a number of decisions that expanded the rights of children in juvenile court proceedings. The Court began extending due process rights to juveniles in Kent v. United States. The Court no longer accepted the premise that children should not have constitutional rights because of the special nature of the juvenile court. According to the Kent Court, "the child receives the worst of both worlds: that he or she gets neither the protections given to adults nor the solicitous care and regenerative treatment postulated for children" "(Kent v. United States 383 U.S. 541 (1966)", 2015, para 35).
There are many children who recommit the crime after they are released from juvenile detention, and the ones released from jail are less likely to the crimes they did before. If the children are tried in adult court they are more likely to be sentenced to periods of incarceration. If a child is tried in adult court or in criminal court depends on what the crime was and how old the person offending was. The children who commit serious that aren’t tried in criminal court often reoffend and end up back where they were
By sending these juveniles to an adult court, they are facing the risk of being punished more harshly than they would have been if they were convicted in a juvenile court. Once a juvenile is involved with the criminal justice system, they are more likely to reoffend and continue being involved with the criminal justice system as they become
The criminal justice system was created in order to punish people who choose to break the law. Some people believe they are above the law and decided to do whatever they like regardless of the consequences. Children and adults are both responsible for the actions they commit. The criminal justice should tried children as adults for committing felonies because a crime is a crime regardless of the age of the individual. This can be fulfilled by punishing juvelives with the correct sentence, by seeing that they know their actions lead to consequence and they have the proper process for a teen to be tried as adult.
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.
There are differences between a juvenile court and criminal court in the United States. The focus of the juvenile justice system is on rehabilitation, in hope of deterring the minor away from a life of crime so they will not commit a crime again as an adult. In contrast, the criminal justice system focuses on the punishment and often bases the sentencing outcome on the criminal history of the youth. In a study conducted, Butler (2011) showed that the participants’ experience with adult jails and prisons show that those facilities may instill fear but are otherwise emotionally—and often physically—dangerous for youth. Many of the adult prisoners, who were minors when they enter the adult institution, felt they were forced to “grow
Juveniles should be tried as adults due to being aware of their crimes and having an intention to kill, however, brain development and maturity can play a role into the reason why teens kill. With being tried as an adult juveniles should be granted the opportunity of freedom pending on their rehabilitation status and if requirements are not met, convicts will have to complete the remainder of their sentence. People have long argued that juveniles who commit a murder should not be tried as an adult due the juvenile not being aware of their crime. Awareness, as defined by the Webster Dictionary, is “the knowledge and understanding that something is happening or exists”. Having the perception to comprehend the occurrence of an event is not a dumbfounded characteristic.
Those in favor of trying juveniles as adults believe that it deters and minimizes crimes being committing by all minors. That trying juveniles as adults will bring the greatest good to the most amount of people. According to an article posted by the American Bar Association by Nicole Scialabba, “the increase in laws that allow more juveniles to be prosecuted in adult court rather than juvenile court was intended to serve as a deterrent for rising youth violent crime.” It is no secret that youth commit crimes in our society. In 2014, law enforcement agencies in the U.S. made an estimated 1 million arrests of persons under age 18 (Office of Juvenile Justice and Delinquency Prevention).
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.
Juvenile Justice Should juveniles get treated as adults that’s one of the biggest controversy in our nation now days, with many juveniles committing crimes that are inconceivable according to their age. Judges have the last word on how to treat this young people. Many people argue that “the teens that are under eighteen are only kids, they won’t count them as young adults, not until they commit crimes. And the bigger the crime, the more eager this people are to call them adults” (Lundstrom 87). This is why people can’t come to a decision as how these young people should be treated like.
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.
