However, the Supreme Court of the United States cannot ignore international standards completely either. There are several reasons for this. The world is becoming more and more globalized. Large numbers of immigrants have flocked to the United States in the last several decades and likewise American military and the FBI increasingly carry out operations in the territories outside the jurisdiction of the United States. And sometimes persons who are citizens of other countries, either captured outside the U.S. Or within its territory, are tried in American courts. In these instances, it is not easy to ignore international laws and concerns.
The United States is also a signatory to numerous international treaties pertaining to the question of cruel and unusual punishment. If the United States is a signatory, then it is unconstitutional to ignore those treaties. For example, the United States is a signatory to the United Nations Convention Against torture (U.S. Signs UN Convention Against Torture"). The United States has not signed any international treaties banning the execution of juveniles or persons who have committed their crimes at juvenile age, but it would be unwise not to take international concerns at all. Criticism of the American laws concerning juveniles does not come from America's enemies but from America's closest allies. As a beacon of democracy and civilized behavior, the United States cannot easily ignore the concerns of other democracies in the world. Nor can international actors dictate Americans laws. The Supreme Court should strike a careful and wise balance between considering international standards and ignoring them.
5. What crimes, if committed, should allow for a juvenile defendant to be tried as an adult? Are juveniles tried as adults too often or rather too infrequently?
Make a case for trying juveniles more often as adults. Alternatively, make a separate case for not allowing as many juveniles to be tried adults.
People, including juveniles, commit different kinds of crimes and under different circumstances. For this reason, drawing a clear line always has a potential to be problematic. One case cannot be applied to all cases. Therefore, it is best that the prosecutors and judges decide them case by case, considering the specific circumstances surrounding such cases. Otherwise, saying that this or that crime justifies executing a juvenile is likely to raise more questions...
Juvenile Justice System currently faces a number of challenges in dealing with delinquency. Many of those problems are underlying problems such as mental health issues, child abuse, child neglect, lack of funding, and the disconnection between professions dealing with children, all of which contribute to delinquency. The high incidence of child abuse and child neglect, in particularly, have been directly linked to delinquency and must be sufficiently addressed. In the
Juvenile Justice System - Contemporary Juvenile Justice System and Juvenile Detention Alternatives" by William W. Patton (2012) The Fourteenth Amendment to the U.S. Constitution extended the protections afforded by the Bill of Rights to all American citizens, including juveniles. Today, juveniles in the United States, though, are considered special cases that require a different adjudicative approach than that provided adult offenders, but it has not always been this way. In
Juvenile Justice System Ireland The objective of this work is to examine the juvenile justice system in Ireland and then to compare it with the juvenile justice system of the United States. Additionally, the strengths and weaknesses of the juvenile justice system in Ireland will be examined as well as what improvements might could be made to the system, what the U.S. could learn from Ireland, and what aspects of each
Juvenile justice system is more than a century old, there are still significant controversies involved in terms of public policy and specific penalties. This is especially the case with severe crimes that, in adult courts, would result in life without parole or the death penalty. In the juvenile system, public policy has at best been somewhat confused regarding the best way to penalize youthful persons who engage in severe criminal
Juvenile Delinquency and the Juvenile Justice System Juveniles are represented either in the legal system through the juvenile family court designed for children many years ago or by the criminal court system meant for adults. The criminal court system is opted for children suspected of committing serious crimes although transfer is possible from juvenile justice system into adult court system. This legal system has been the source of problems for all
juvenile justice system in America. The writer discusses the start of the system and the major changes that have taken place in the system over the past 100 years. There were four sources used to complete this paper. Following events such as Columbine the American public began to demand a re-evaluation of the juvenile justice system in this nation. What many people do not know is that the American juvenile
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