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Juveniles rights
Juveniles to treat like adults
How crime and violence influences juvenile
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In the article it states, “The court said that minors who commit terrible crimes are less responsible than adults: They are less mature, more susceptible to peer pressure, and their personalities are not yet fully formed.” In this quote the author is reasoning against life without parole because they are less mature and not fully developed. Although all crimes deserve proper punishment, juveniles should not receive life without parole because they are still developing and this punishment leaves no room for a second chance
The matter by which juveniles are processed and handled in the criminal justice system vary on the model and philosophy being used in the proceedings itself. If Parens Patriae, or the Treatment Model was being used, The state would deal with juveniles differently than it would adult offenders, in a much more gentle and caring way, which would be considered informal and flexible. The judge would act in a very calm and caring manner, and would attempt to probe the roots of the child's difficulties. The Treatment Model views child delinquency as some sort of underlying personality problem.
“The court consistently held that children are entitled to the same due process as adults. With that understood, however, the Court has also consistently held that, from a developmental standpoint, youth are different from adults, which greatly impacts how courts should treat them in a whole host of areas, such as waiver of rights, culpability, and punishment” (National Juvenile Defender Center). This shows that the juvenile delinquent cases before In Re Gault were not highly regulated. The Court believed that handling juveniles needed to be very different from the way the courts handle adult cases. In Re Gault changed that.
In Miller v. Alabama, the United States Supreme Court declared that mandatory juvenile life without parole sentencing schemes violated the Eighth Amendment’s ban on cruel and unusual punishment (Rhodes, 2012). This all stems from a night back in 2003, when Evan Miller, Colby Smith and their neighbor Cole Cannon got into a fight at some point during the day. Evan Miller was 14 years of age at the time and Colby Smith was 16 years of age at the time. Later on that evening, Evan Miller and Colby Smith robbed Cole Cannon of $350 and stole his baseball card collection.
Should the Not Criminally Responsible Law Remain in Canada? As of 1992, the Canadian Criminal Justice system introduced a new Law to its Criminal Code. NCR stands for “Not Criminally Responsible.” It is defined in section 16 of the Criminal Code."
Many people have disregarded the fact that children too can commit despicable crimes; crimes that not even adults would think about committing. Juveniles have had their era in in being able to manipulating courts to give them a lighter sentences for their so-called “mistakes”. These juveniles have made puerile excuses to try and exonerate their actions by blaming their impulses, rather than taking accountability for them. 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
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
According to the book Corrections The Essentials by Mary K. Stohr and Anthony Walsh, a sentencing disparity occurs when there is a wide variation in sentences received by different offender that may be legitimate or discriminatory. A disparity is legitimate if it is based on crime seriousness and/ or prior record. If it is not then it is considered discriminatory. Sentencing guidelines can help attempts to address these disparities by determining how long a person should go to jail for each crime they committed.
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.
This is simply because the juvenile justice systems seems to focus more on rehabilitation rather than punishment. I understand that juveniles’ minds are not fully developed therefore that is why they may not comprehend all of theirs actions and what consequences there are for participating in criminal mischief/activity. Rehabilitation gives juveniles a chance to learn from their mistakes and actions. Although I understand and highly agree with the rehabilitation process, I think stricter/serious punishments should be completed first, and then the rehabilitation process should start. The reason I think this is because juvenile offenders may not be deterred from crime if they are not held accountable for their actions.
It has an opposite effect on young offenders. Hence, raising the age for juvenile crimes allow young offender have more time to focus on rehabilitation. Cohn,
They say this because if the juvenile courts are accommodating than the minors may not understand the severity of their actions opposed to if they were to be put through a one-size-fits-all method that they may respond better. However, if minors are tried in juvenile court it may be more effective. They should do this because there they can be given methods of rehabilitation that may help them. In conclusion, juveniles should not be treated the same as adults when it comes to committing crimes so that they have a better chance to rehabilitate. Minors should not be treated the same as adults when it comes to committing crimes.
Heroes have always stood out in time as wondrous beings. In literature they possess certain special traits. These traits are ones such as courage, strength, selflessness and intelligence. Theseus an Athenian hero possess some of these great qualities,“... he was as compassionate as he was brave and a man of great intellect as well as great bodily strength” (133).
In “On Punishment and Teen Killers”, by Jennifer Jenkins, she reveals how she was a victim of a teen murderer and believes that actual science supporting teenage brains does not negate criminal culpability. She argues, “If brain development were the reason, then teens would kill at roughly the same rates all over the world”, (Par 6). Jenkins believes that supporting evidence on teenage brains does not serve as an excuse to not sentence juveniles to life without parole. She also believes that some teens will never change and find redemption for their actions. Her point is valid in that juveniles cannot be excused for their crimes, however Jenkins lacks the insight that much like how the brain changes through age, a teenager can transition from immaturity to maturity.
(1988). Juvenile Delinquency: Theory, Practice and Law (3rd ed.). United States of America: West Publishing Company. Wright, W. &.