Should Juveniles be Tried as Adults - Research Paper Example

Should Juveniles be tried as adults? I Introduction Reflection Thesis II Body Thinking Capa Negative BehaviorsSocial and psychological challenges Refute III Conclusion Should Juveniles be tried as adults? Introduction The issues of juvenile courts have led to significant controversies. Juvenile’s courts have been in existence or a long time. In most states, the court has permission to try all youth charged with law violation younger than age 18 at the time of offense, arrest, or referral to court (Children’s Action Alliance 7). The courts were established to try children below 18 years of age. The juvenile courts were put in place to ensure that juvenile offenders could not go through the adult criminal courts. For a long time, the court did not consider the crime committed by young individual. The basis for trial in these courts was on there are rather than the crime committed. However, in the 20th century, there has been a change on perception of these courts. For example, in the last two decades of the 20th century, there was rethinking on the roles of these courts (Khan 1). Hence, the topic has been controversial in the recent time. Some of the public were calling for establishment of tough law to the juveniles and even trying them as adults. The change in opinions made it possible for some states to make laws that ensured treatment of youthful offenders as adults. This has been done through the modification of the age of juvenile court jurisdiction (Children’s Action Alliance 7). The age reduction has been implemented in states such as New York and North Carolina. In these states, the age of jurisdiction by courts have been reduced to 16 years (Children’s Action Alliance 7). Other states have come up with recommendations of doing away with juvenile courts. On the other hand, there are those that have a strong opposition to trying juveniles as adults. The paper focus on reasons why juveniles should not be tried as adults and refute. Thinking Capacity Juveniles should not be tried like adults, as their thinking capacity is not full developed. Most of the practices in the society shows that those under the age of eighteen cannot in any way compared to adult. A research carried out has shown that teenager’s brains are not developed like that of adults (Khalid 1). In the society, there are restrictions on drinking, use of tobacco, voting, and some other social activities to youth under eighteen years of age (Baruwa 109). The restriction is due to inability of adolescents of making mature and responsible decisions to some of these things in society. Moreover, the restriction may be due to lack of experience of adolescents in life. The characteristics are an indication that adolescents are in the process of developing to maturity. The adult system fails to consider this lack of maturity. Therefore, the adult court system lacks the process in which the needs of juvenile offenders can be met (Baruwa 110). According to Baruwa such offenders will not get rehabilitative management that is easily offered in juveniles courts (110). Negative Behaviors Juveniles should not be tried the same way as adults as adult prisons are prone to negative behaviors. Placing young prisoners in adult facilities will significantly affect their lives. Most of the adult prisoners are associated with negative activities such as drugs and violence (Scott 1). Young prisoners are more influenced by harmful pressure than adults are (Scott 1). Sentencing youth in such facilities will make them try to fit in the new world as they face reality of a long sentence and the unlikelihood of going home. The age of youth is usually characterized with identity development. Therefore, the youth imprisoned in adult facilities will potentially adopt negative behaviors that are normal in adult prisons environment (Scott 1). The need for protection in such environment may make them adopt such behavior. As Scott notes, the fear for being victimized or assaulted in such facility produces a need for security and this make many young prisoners rely on gangs and weapons for survival (Scott 1). Hence, youth should be protected from such facilities. Social and psychological challenges Moreover, trying juveniles as adults will not address factors leading to crime in the group. Some of the youth may not have intended to cause crime in their area or neighborhood. Some of the youth have been shown to be faced by abuse, neglect, domestic violence, and poverty (Equal Justice Initiative (EJI) 1). The lack of intervention on these challenges makes children lack of hope in the future (EJI 1). As a result, failure by teenagers to manage the social and psychological challenges makes them engage in violent and destructive behaviors (EJI 1). Most of the youth come from abusive homes and violent neighborhoods (EJI 1). These leads to such people have a high likelihood of committing crimes in the society. As noted by Sampson and Raudenbush, social and physical disorder in an urban neighborhood when uncontrolled leads to serious crime (1). Therefore, addressing these challenges will help in preventing crime that imprisoning juveniles in adult facilities. For example, there can be provision of suitable schools system, more after school programs, and more counselors. There can also be ways of reducing the rate of crime and violence in the neighborhoods. Therefore, placing youth in adult prison will not be a acceptable alternative without addressing the sociological and psychological problems. The solution will be in addressing crisis that leads to adult delinquency such as domestic and community violence and poverty. Refute On the other hand, there are those that agree that juveniles should be treated as adults. They argue that the crime rate by young offenders has been on the rise. According to the justice department, over ten percent of the killing is committed by youth below 18 years of age (Khan 1). The increased rate of crime by young people has resulted to call to charge the youth as adults (Khan 1). Those in support argue that harsh sentence will lead to a reduced rate of crime by the group. There is an argument that youth has been taking advantage of court focus on small crime to commit violent crime (Estudillo 1). The argument is that an exceptional should apply in bigger crimes. Therefore, punishment of minor crimes may provide a way of preventing the youth from committing other crimes in the future. There is also an argument that today’s kids are smart. This makes them more aware than before of what is good and bad especially with the rise in technology. Therefore, trying such kids as adults whenever they commit a crime will not be a problem. Conclusion It is clear that the perception of juvenile offenders has been changing over time. In old days, juvenile offenders were not wholly treated as responsible for crimes in the society. Their involvement in such crimes was addressed through rehabilitation and counseling. However, recent changes have indicated the need for harsh sentences and imprisonment to stop the increasing rate of crimes in youth. However, there need to be a consideration when trying the youth as adults. This is because this may lead to increase of the problem rather than its reduction. This is because trying the youth has no thinking capacity as that of an adult. Secondly, the youth may be affected negatively in such environment due to negative behaviors in adults systems. Moreover, there is a need to address the main factors leading to youth involvement in crimes. Such factors may be the family, neighborhood, abuse, and poverty. Therefore, addressing these factors may help in preventing youth involvement in crimes. However, those in support argue that these measures will not lead to reduction in crimes. They call for harsh penalties and sentencing of youth in adults systems. Lastly, it is clear the benefits lied not in trying youth as adults but addressing some of the factors leading to crime in youth. As a result, the society will be free or experience reduction of the crime. Works Cited Baruwa, Buki. “Should Juveniles Be Transferred to Adult Criminal Court in the Criminal Justice System?” Tennessee Journal of Race, Gender, & Social Justice 2(2003): 101-127. Print. Children’s Action Alliance. “Prosecuting Juveniles in the Adult Criminal Justice System.” Njjn.org. Web 29 March 2014. . Equal Justice Initiative. “Children in Adult Prison.” Eji.org. Web 29 March 2014. < http://www.eji.org/childrenprison>. Estudillo, Onelia. “Juveniles Should Be Tried as Adults in Certain Circumstances.” Cengage.com. Web 29 March 2014. < http://www.gale.cengage.com/pdf/samples/sp740776.pdf>. Khalid, Asma. “Should Young Murder Suspects Be Tried As Adults?” Wbur.org. Web 29 March 2014. . Khan, Huma. “Juvenile Justice: Too Young for Life in Prison?” Abcnews.go.com. Web 29 March 2014. < http://abcnews.go.com/Politics/life-prison-juvenile-offenders-adult-courts/story?id=11129594>. Sampson, Robert and Raudenbush, Stephen. “Disorder in Urban Neighborhoods—Does It Lead to Crime?” Ncjrs.gov. Web 29 March 2014. . Scott, Gary. “Prison Is Too Violent for Young Offenders.” Nytimes.com. Web 29 March 2014. < http://www.nytimes.com/roomfordebate/2012/06/05/when-to-punish-a-young-offender-and-when-to-rehabilitate/prison-is-too-violent-for-young-offenders>. Read More