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...
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,
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
Juvenile facilities provide intensive and specialized therapeutic programs with brilliant results. The juvenile placed in juveniles' corrections enjoy an education-centered curriculum and trained staff that functions exclusively with the juvenile offenders' population. On the contrary, those juvenile held in adult jails and prisons do not enjoy these services (Siegel 2009, 671). Understanding that juveniles hold different emotional, safety, social and physical requirements from adult offenders, guidelines requiring certified juveniles to
In principle, the United States should follow international treaties only if it is a signatory to that specific treaty. 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
For those adults and children that admit guilt both systems offer procedures that safeguard and protect their rights ( LaMance, 2011). There are also differences between the two systems these include; the underlying rationales of the juvenile system are that the youth are different in terms of development from adults and hence their behavior is malleable hence rehabilitation, treatment in addition to community protection are considered the primary and viable
Juvenile Detention Standards Juvenile Delinquency Identification The article by Livers & Kehoe (2012) is quite contemporary and that is one of the main themes of the article. The subject of their research lies in the standards of juvenile detention centers and facilities. They focus upon the history of corrections, the history of juvenile corrections, and the history of the standards of juvenile corrections. In American history, the history of juvenile corrections begins in
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now