Consequently, these differences in mental abilities necessitate the fact that children or juvenile offenders should be tried separately from their adult counterparts because of their mental abilities. Those in opposition to the juvenile justice system and proponents of the eradication of the juvenile courts argue that a crime is a crime regardless of who commits it and that there should be a single justice system to try both juveniles and adults. However, this argument is not only chaotic but also faulty since it has been proven that children between the age of nine and ten years have a very different mental ability to that of adults. It is therefore impossible for children within this age to plan and carry out a crime and even understand its consequences (Borkar par, 4).
Consequences of Transfers:
An examination of the recent cases of transfer of juvenile offenders to the adult criminal justice system is a clear indicator of the necessity of trying juveniles differently and separately from adults. In most cases, juvenile offenders do not develop into adult criminals unless they are tried and punished as adults. Those in opposition to the juvenile justice system argue that punishing juvenile offenders in the adult criminal justice system is geared towards deterring these offenders and the next generation from criminal activities. However, the argument is false since recent research has proven that juveniles who are tried as adults commit more crimes upon their release. These offenders carry an enduring and potentially devastating stigma that makes them to commit more crime (Maroney par, 6). Therefore juveniles should not be tried as adults because it has been proven that increased transfers have never lessened juvenile crime.
Purpose of Juvenile Justice System:
Given that young offenders have a higher potential for change, juvenile justice system has been established in order to provide guidance and treatment rather than punish. When these offenders are given the necessary guidance and treatment, the rate of juvenile crime reduces as compared to when they are...
However, the prosecutor is not the only person who can seek a transfer. Juvenile court judges can also begin transfer proceedings (Michon, 2012). Furthermore, in some states there are automatic transfer laws, which require that juveniles over a certain age be tried as adults when they commit specific crimes, usually violent crimes like rape or murder. In states without automatic transfer laws, the defendant is entitled to a hearing
In addition, the threat of being placed in an adult facility not only doesn't lower crime rates among juveniles, but increases their chances of recidivism and violent behavior (Elikann, 1999). As one critic of the current laws stated: "This country's laws recognize that juveniles are too young to drink alcohol, vote, engage in legal contracts and enter into marriage, all because they are still developing mentally and emotionally" (Bilchik,
Juveniles In basic terms, handling juvenile offenders remains the key purpose of juvenile courts. Hence these courts are designed not to punish but to treat and guide. However, though juvenile courts have been in operation for over a hundred years, some juvenile offenders still find themselves being tried in adult courts. The question that arises in this case is; should juvenile offenders go through the same criminal justice system as their
Based on statistics, nearly one million eighth graders admit getting drunk and another 1.2 million twelfth graders are considered binge drinkers. Heroin use by young adults has doubled from 1991 to 1996 and even teenage compulsive gambling is on the rise (http://www.einstein.edu/e3front.dll?durki=8576,2004). Youth Gangs and Violence - The Starting Point It should be noted that violence started from the family affecting the whole society. What an individual has for a family, what
Children Being Charged as Adults The Negative Consequences of Treating Minors as Adults in Criminal Cases "Old enough to do the crime, old enough to do the crime;" this is an old, yet still very controversial statement when contemplating whether or not juveniles should be tried as adults in certain circumstances (Maroney 1). There are many who believe that anyone who knowingly commits a crime must suffer the same consequences, regardless of
Violent Minors Traditionally the rule is that anyone was under the age of 18 years old who commits a crime will be tried in the juvenile court system; however, under certain circumstances juveniles can be tried in criminal courts as adults. The designation of the age of the defendant defined as a juvenile or minor who could be tried as an adult is determined by state law, and this age varies
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