This paper argues that children under 18 years of age should be tried exclusively as minors within the juvenile justice system rather than in adult criminal court. The author contends that society recognizes age 18 as the threshold of maturity and legal responsibility across multiple domains—voting, contracts, medical decisions—and should apply this standard consistently to criminal proceedings. The paper examines the rising rates of juvenile delinquency, family and parental influences on youth behavior, the waiver process that transfers cases to adult court, and status offenses unique to minors. It emphasizes that juvenile detention systems offer rehabilitation and second chances, while adult incarceration provides no corrective benefit for developing minds and effectively ends the lives of young offenders before they have matured.
When a child commits a serious crime, does he or she instantaneously become an adult? Or does he or she continue as a developing person, despite the significance of his or her actions? These are the questions dominating our court system today, as juvenile delinquencies continue to make headlines. Some people believe that children should be tried as adults for certain severe crimes. Others contend that children should be tried as minors because they are not yet adults and, therefore, should be treated differently. This is a significant argument because how we choose to punish juveniles impacts both our present and future social order. Adolescents around the globe are being tried in different ways in court, and it is inconsistent and unjust to penalize them differently for the same offenses.
I believe that, without exception, children under 18 years of age should be tried as minors. Our culture has established 18 years old as the age of maturity. When an individual turns 18, he or she is expected to know right from wrong and to understand his or her responsibilities in the community. The responsibilities to vote, sign contracts, make out wills, sign leases, and make decisions about medical treatment are not granted until age 18. By 18, a person has sufficient experience and cognitive development to know what he or she should and should not do. Then why are those under 18 tried as adults? A person under 18 is a child and should be treated as such by the courts.
When juveniles receive a life sentence in an adult prison, they never get a second chance; their lives are effectively over before they have truly begun. When they commit wrongdoing and are appropriately punished in the juvenile system, they should learn that their actions were wrong and avoid repeating them. Juvenile detention helps juveniles recognize their faults and gives them a second chance, whereas adult prison serves no rehabilitative function for a developing child. Adults have already had their chance; they should understand the difference between right and wrong by adulthood and therefore deserve an adult sentence. The distinction between juvenile and adult culpability must be maintained.
In recent years, juvenile delinquency has become a major concern globally. Juvenile crime is not only increasing but also becoming more diverse in nature. According to the Ministry of Public Security, the rate of juvenile delinquency rose from 6.36% in 1998 to 7.93% in 2003. The types of juvenile delinquency allegations increased from 98 categories in 1998 to 120 by the end of 2003—an increase of 22.45% (Florida Department of Juvenile Justice, 2012). Juvenile crime is a complex social problem with numerous contributing factors.
Recent research reveals that deficiencies in family education are strongly involved in juvenile delinquency. Parents are the first teachers of their children, so the family environment plays a significant role in the development of adolescents' values and behavior. As Rolf Loeber notes, "Poor parental child-rearing practices cause children to grow up as delinquents or delinquent parents produce delinquent children" (Loeber, 2012). The vital role that parents play in teenagers' mental and behavioral development cannot be overstated. While there is no simple solution to this predicament, parents bear responsibility for loving the children they have brought into the world and protecting them from negative influences.
Some juvenile cases are transferred to adult criminal court through a procedure known as a "waiver," in which a judge removes the protections that juvenile court typically provides. Typically, cases subject to waiver involve more serious crimes or minors with histories of repeated offenses. Although being tried in adult court provides juveniles with certain constitutional protections, it also carries significant disadvantages, including the possibility of harsher punishment and incarceration in an adult correctional facility.
In some circumstances, it may be beneficial for a juvenile to be tried in adult court. Potential advantages include the right to a jury trial, the possibility that juries in adult court may be more sympathetic to a minor's circumstances, and the possibility that overburdened courts may dispose of a case more swiftly with a lighter sentence. However, these advantages are outweighed by the damage caused by exposing young offenders to the adult criminal system.
"Conduct illegal only for minors and historical handling approaches"
"Why juvenile justice differs structurally from adult criminal courts"
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