Advantages and disadvantages of the juvenile justice system

¶ … Juveniles as Adults: Pros and Cons

Severe and continuing juvenile offenders are progressively being tried as adults in criminal court all over the country. These juveniles face incarcerations in adult correctional facilities and the dangers that come from being with an adult criminal population. This type of movement poses significant inquiries for policy makers. To what degree do trials in criminal courts and imprisonment in adult reformatories endorse or hinder community security and the answerability and reintegration of juvenile offenders? This research paper deliberates on the legal consequences of adjudication in criminal court and offers a comprehensive review of research discoveries on the preventive effects of transfer laws, sentencing patterns and conviction and recidivism rates in juvenile as opposed to criminal courts, and programming and conditions in juvenile as opposed to adult correctional facilities. The pros and cons of trying juveniles as adults are discussed along with the evidence to determine which side works best.

Introduction

In 1990, the amount of juveniles relocated to adult court had augmented by 2/3 over the amount relocated in 1986, and this figure has only increased given past and current legislative vagaries. Several states enacted legislation, lowering the minimum age to 12-14 at which juveniles may face the possibility of being tried as adults for severe crimes. These changes may raise an issue of competence. Children aged 12-14 may not have the mental competence to stand trial in an adult court, furthermore, if punished, they may not fare well in adult prisons, with violence against juveniles occurring within these facilities. Competence to stand trial was recognized by the United States Supreme Court in "Dusky v. United States (1960), the test must be whether he has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and a rational as well as a factual understanding of proceedings against him" (Cooper, 1997, pp. 170-171). The Dusky ruling is the current foundation for all state rulings regarding competence to stand trial.

Teens and children subjected to trials as adults are forced to undergo all criminal proceedings under the assumption they are competent and fit to stand trial. This may not be the case. Although some would suggest the harsher penalties and consequences of being tried as adult may rehabilitate the juvenile offender or even set an example for other potential juvenile offenders, evidence suggests otherwise. Little research is done acknowledging the possible incompetence of children and teens who are tried as adults. "However, the idea that adolescents may not be competent to stand trial due to cognitive or developmental immaturity has not previously been addressed in judicial practice" (Cooper, 1997, pp. 170-171).

Review of the Research

The cons of trying juveniles as adults are several. The current literature states how juveniles get transferred to adult courts to be tried as adults. "Blended Sentencing, occurs in approximately half the states, both juveniles and criminal courts are allowed to impose a juvenile or adult sanctions on certain juveniles (usually dependent on ages of juveniles and crime charged) (Bartol, 2011, pp. 190). While the process does not occur as frequently as one would imagine, it has increased over the years based on the growing number of cases and growing severity of crimes. There may be a link to the increase number of juvenile delinquents and the harsher sentences.

Rehabilitation of a criminal tends to be the main purpose of punishments and prison sentences. They are meant to teach the delinquent to understand that their criminal activities will be punished according to the law. However evidence shows rehabilitation of juveniles may not be as successful as anticipated. "There is plenty of research evidence to suggest that common -- and popular-approaches such as boot camps and prison sentences are not effective in reducing crime, though they may make politicians and members of the public feel good" (Bartol, 2011, pp. 191). Kids and teens when forced to go to adult prisons and face the consequences of being tried as an adult face a future of issues and possible mental breakdown.

Some defendants are not aware of what is going on and may confess to something they did not do out of pressure or coercion. "In one case for example, a lawyer familiar with our research was able to demonstrate that his clients did not adequately comprehend their rights prior to giving statements to the police. The statements were ruled inadmissible" (Bartol, 2011, pp. 192). It has been scientifically proven juveniles do not have fully mature brains until they reach adult age and are not fully aware of consequences when they perform actions. This is not to say juveniles should not receive punishment for their actions. But due to the growing case load of the juvenile and adult courts, it is safe to say something must be done to remedy the situation.

The pros of trying juveniles as adults vary. As previously mentioned, the public and politicians feel safer when they see juveniles who perform severe crimes treated as adults. Society believes in a punishment befitting the crime and as some news stories have pointed out, certain teens and children have committed heinous acts that people feel should be punished to the greatest extent of the law. Case in point, an 11-year-old who forced an 8-year-old to perform oral sex on him and two other boys. The act alone warrants one to consider how mature the mind of the child is if he was able to not only force the boy to perform these acts, but even understand what these acts stand for.

Punishing crimes of this nature, regardless of age promotes a strict, no tolerance policy that helps people feel as though they are being protected. Additionally juvenile courts offer less severe punishments than adult criminal courts with the option of expungement as they mature as seen in NYC for juveniles. Furthermore when a juvenile is tried as a juvenile there is a limit to how long the juvenile can be tried under the law. With severe crimes comes long court proceedings that may take longer than when tried as an adult. "Jurisdiction is initially determined by the juvenile's age at the time of the alleged offense. "Statutory provisions mandate when a juvenile ages out of the jurisdiction of the juvenile court or when a juvenile case is otherwise closed" ("Chapter 3: Juvenile Court Jurisdiction and Parties to Juvenile Proceedings").

Discussion

The Juvenile Justice System is a critical part in the Criminal Justice Systems for every country worldwide. Appropriate management of the Juvenile Justice system clearly indicates the state of the country in regards to its youth and youth delinquency. Juvenile delinquency has a varied and complex source. Juvenile delinquents may experience abuse or forced to grow up in a broken home prompting their need to act out in self-destructive ways. Families as well as the communities and the government must look for ways to incorporate methods on handling and raising children to promote a healthier and safe environment. As Ojo wrote: