Should Juvenile Offenders Be Tried as Adults - Essay Example

Juvenile Offenders: Should They Be Tried as Adults? Part One: Why I am writing this paper The purpose behind my writing this paper is because I wish to understand, as well as inform others of, the constant debate currently behind whether or not juvenile offenders should be tried in court as adults. Each state is different in their laws, and each court therein tends to differ in their punishments and their ideas of who gets punished and who does not, and I would like to know why some judges make the decisions that they do, while other judges and court systems opt for something else for their offenders. I also want to know why these decisions need to be made to begin with. Furthermore, I want to know the reasons behind not trying juvenile offenders as adults. So often do juvenile offenders getting off with lesser punishment because of their age, while their older counterparts are currently sitting in prison on a life sentence. Regardless of how young they may be, they are almost getting away with the crimes that they commit, and all it comes down to how old they are. When it comes to criminal acts, I do not think that age should be a matter, but clearly others, mainly those that have the ability to do something about it, seem to think that the younger the offenders are, the less they are capable of going through in regard to punishment for their actions. However, I feel that if they are old enough to commit the crime, then they are old enough to take on the punishment. I want to understand as to why the court systems have to contemplate this matter. Part Two: What I Already Know In regard to juvenile offenders being tried as adults, I know that, in most cases, they are tried as teenagers, depending on their crime and age. A fifteen-year-old that robs a store either gets time in a juvenile detention facility or probation mixed with community service. A fifteen-year-old that murders someone goes through a long court term as the court system tries to decide on whether or not he is old enough to understand the nature of his crime, therefore being old enough to handle his punishment. I know that, depending on the age and crime, different court systems decide on different punishments. If someone commits a crime such as murder or rape, their chances of being tried as an adult are greater. Court systems try to rehabilitate teenagers, giving them the chance to improve themselves and their actions, which is why many juvenile offenders are given time in a juvenile detention center or probation instead of prison time - at least for the smaller crimes. In terms of murder or rape, many courts will try to make it so that they are punished as though they were adults, though they might spend the first part of their sentence in a juvenile detention center. Part Three: Should Juvenile Offenders be Tried as Adults? In a country that prides itself on its criminal justice system to bring about justice in the aftermath of wrongdoings, it seems to do a bleak job at keeping some of the more hardened criminals out of prison and off the streets - all because they are considered to be too young to be tried as adults. While an adult is punished according to the extent of their crime, whether it be a misdemeanor or first-degree murder; when a teenager is punished according to their crime, again, whether it is a misdemeanor or first-degree murder, their punishment is often based on their age. Many people believe that teenagers are much too young to go through the harsher punishments that adults receive, while others believe that if the teenager is capable of committing the crime, then they are capable of taking on the consequences. Both sides of the argument bring about a variety of heated debates, though the question somehow always remains unanswered as to whether or not juvenile offenders should be tried as adults. In 1992, a fifteen-year-old boy and two other teenagers that were over the age of sixteen tortured and beheaded an eight-year-old boy in California. The two older teenagers were given life sentences, while the fifteen-year-old, whose sixteenth birthday was only three weeks away, was tried by a juvenile court and confined to a juvenile detention facility until his twenty-fifth birthday. This was done because “critics of adult sentencing of juvenile charge that incarceration in a juvenile has a markedly better effect than incarceration in an adult prison (“Should Juveniles,” 2007).” A teenager who is old enough to understand and comprehend the differences between right and wrong, and is capable of committing such a horrific crime, is thought to be too young to undergo the punishments for their crime, whereas adults are perfectly fit. Considering teenagers as criminals is a rather new concept in the criminal justice system, since “people neither expect children to be criminals nor expect crimes to be committed by them, the unforeseen intersection between childhood and criminality creates a dilemma that most of us find difficult to resolve (Steinberg, 2001).” The ignorance of court systems and parents alike have blinded them to the possibility that children and teenagers can commit crimes. Age really has very little to do with the actions that people are willing to take, especially if they are subjected and influenced by others that engage in the same activities. However, now that is has been brought to light that teenagers are completely capable of engaging in the same criminal activities as their older counterparts, court systems should be able to accommodate for their criminal actions as teenagers. While many states’ court systems are making it easier to try teenagers as adults, they are not exercising these abilities as much as they should be. Regardless of age, any crime is an adult crime, and the criminal, teenager or adult, should be punished as an adult. There had been an incident in California in which a fourteen-year-old boy killed a six-year-old girl; the claim had been that the death was an accident, that the boy has been imitating wrestling. Be that as it may, the boy still took the life of another being, after not ceasing to practice these deadly moves on her, causing damage to the outside and inside of her body. Due to his young age, people expected him to get a slap on the wrist and be told not to do it again. However, he was sentenced to life in prison, with the logic behind the decision being that “this boy will spend the rest of his life in jail and that he will not stand a chance in jail. What chance was this little girl given? Her life was cut short due to this boy who was just out of control (Carter, 2001).” Although this crime had been unintentional, it all comes down to the fact that someone died at the hands of someone else. It is unfortunate that a fourteen-year-old boy was sentenced to prison, but it was devastating that a six-year-old had her life taken from her so soon because of his actions. To pursue a life sentence for this boy was a very intelligent move. He took a life, an adult crime, and now he needs to pay as an adult. Murder and rape are perhaps the only two criminal offenses that teenagers have the chance of being tried as an adult for. The juvenile court considers the age of the juvenile offender, then looks at the many variables in the crime, such as the mental state of the offender, their part in the crime (as criminal sentences vary on first, second, and third degree murders), their criminal past, and the circumstances behind the act. In many cases, the juvenile court will pass the case onto an adult-centered criminal court, something that has been an option since 1992 (“Should Juveniles Ever”). Indeed, in many states, such as California, many juvenile offenders, based on the severity of their crimes, do not even experience a juvenile court, as they are sent straight to one that deals with adult criminals; numerous states have adopted that anybody of the age of thirteen can be tried as an adult, depending on their crime. There are very few circumstances in which a teenager should be given a separate punishment from an adult offender. Crimes such as robbery, car theft, or misdemeanor acts are usually tended to in juvenile courts and with the strong chance that the juvenile offenders will be left off with little to no punishment. Oftentimes, they are given the same punishments as adults, though they do their time in a juvenile detention facility. These are the crimes that criminal justice systems believe can be rehabilitated out of offenders, as opposed to murder and rape. However, there are still people that do not believe that children and teenagers belong in adult prisons. According to Young and Gainsborough (2000), “the increased prosecution of juveniles in adult court is another failed ‘get tough’ policy which is unjust and harmful to children and does nothing to increase public safety.” On the contrary, and according to Laurence Steinberg (2000), those that are tried as adults are less likely to recommit the crime in the case that they are released. Public safety is indeed increased when juvenile offenders are tried as adults, for they are either taken off the streets, or they are punished enough to the point where the harm of their actions is made clear to them. Simply telling them that what they did was bad and not to do it again is not enough for the message to sink in; after all, teenagers need to be told multiple times to keep their room or do their homework. The same idea can be applied to them decreasing their involvement in criminal activities: punishment needs to be administered, simple words will do little good. Part Four: Conclusion When a teenager is so willing to go through with the act of a crime, regardless of what that crime is, they should be put through the consequences of that crime. Since age does not matter when it comes to committing a crime, it should not matter when deciding on the punishment. If a teenager can commit the crime of an adult, they should receive the same methods of punishment. Especially for crimes of a more harsh degree, such as murder or rape, juvenile offenders should be punished as adults to keep them off of the streets; cases like these take longer time in which to rehabilitate the teenager, making it more likely for them to commit the same crime in the future. To avoid further criminal acts, and as the best way to rehabilitate, juvenile offenders should be tried as adults. Works Cited Carter, K.C. “Should Juvenile Offenders Be Tried as Adults: Minors or Not, No Excuse for Murder.” Talonmarks.com. Cerritos College: Talon Marks, 14 March 2001. Web. 12 April 2010. “Should Juveniles Be Tried as Adults?” Socialissues.com. WiseTo Social Issues, 2007. Web. 12 April 2010. “Should Juveniles Ever Be Treated as Adults?” Abanet.org. Dialogue on Youth and Justice, n.d. Web. 12 April 2010. Steinberg, Laurence. “Should Juvenile Offenders Be Tried as Adults?” Northwestern.edu. Juvenile Crime: Causes and Consequences, 19 Jan 2000. Web. 12 April 2010. Steinberg, Laurence. “Should Juvenile Offenders Be Tried as Adults? - Rehabilitation at Issue.” Findarticles.com. Reference Publications, January 2001. Web. 12 April 2010. Young, Malcolm C. & Gainsborough, J. “Prosecuting Juveniles in Adult Court.” PrisonPolicy.com. The Sentencing Project, January 2000. Web. 12 April 2010. Read More