67 Of Juvenile Defendants In Adult Courts example essay topic

A juvenile is defined as not yet adult; young, childish, immature. In the United States, definitions and age limits of juveniles vary. The 16-20 year old age group has one of the highest incidences of serious crime (ojjdp. org). In 1994, juveniles accounted for 19% of all violent crime arrests in The United States.

Although juvenile arrests for violent crimes declined 3% from 1994-1995 (the first decrease in almost ten years), the number of juvenile violent crime arrests in 1995 was 67% above the 1986 level. Among juvenile offenders, males make up 85% of the total arrests for violent crime index offenses (Colorado. edu). Females make up 34%. Boys ages 12-17 are one and a half more likely to be victims of violent crimes than girls.

Minorities play a key role in juvenile crimes. African American juveniles were six times more likely than Caucasian juveniles to be victims of homicide in 2002. Between 1996 and 2000, the number of female juvenile arrested for violent crimes such as murder, robbery and aggravated assault increased 25% with no increasing arrests of male juveniles for the same offense. Female juvenile arrests for property crimes such as burglary, motor vehicle theft and arson have increased 21% while male arrests decreased 4% (Hoffman, 2001). Female involvement in crimes has evolved into a significant trend. However, young females are far less likely than males to violate the law.

Some of the contributions to the increase in female delinquency are that female delinquent behavior is related to weak bonds with parents and school. Most female violent behavior is learned behavior and so unfortunately violence is the only or the most effective way to achieve status, respect and other social and personal needs. The initial causes of violence are found in the early learning experiences in the family which includes weak family bonding and ineffective monitoring and supervision. Involvement with delinquent friends is the strongest and most immediate cause of serious violent behavior for females. It is within this group that violence is encouraged. The problems encountered by an adolescent female at school causes stress and conflict.

If supervision and monitoring are not available to help the female, the likelihood of violence will occur (Barbour, 1999). When a juvenile commits a crime, the court where the juvenile will be in becomes a factor. Some juveniles are held in a juvenile court while others are waived and sentenced to an adult court. The organization- Prosecutors of America (POA) agree that juveniles should be tried in adult courts. The organization believes that allowing the juveniles to be released after spending a few years in juvenile correctional facilities would be a crime in itself, to the victims and to society. The maximum punishment that criminals prosecuted as juveniles can receive is time at a juvenile correctional facility until age 21, regardless of their age when they committed the crime.

POA feels that for a 17 year old murderer to serve a maximum four year sentence would be not only an insult to the victims but also a hazard to society. Under this policy, young offenders could be back on the streets at the age of 21 ready to commit more crimes. POA believes that longer and harsher sentences are possible only through the adult criminal justice system. Allowing juveniles who commit violent crimes to serve short sentences in juvenile correctional facilities simply doesn't do justice to society and to the victims involved. POA gives examples of why juveniles should be tried in adult court. For a young man who repeatedly stabs a classmate, for two minors who premeditate a violent sex assault and robbery, for a 17 year old serial sniper who shoots innocent people and for juveniles who commit serious brutal crimes, a few years at a correctional facility is an unjust punishment that fails to serve the victims and safeguard society from danger (ojjdp. org).

Prosecutor James Back strom of Dakota County Minnesota said adult courts are a suitable alternative to juvenile courts. Youths convicted of homicide in juvenile courts often serve only a short sentence before they are released. "When talking about violent crime by kids 16 and 17 years old, they should be prosecuted as adults. You can't have a system that looks at the best interests of a child when these kids are not committing minor offenses-they " re committing murders". (Colorado. edu).

The organization that is against trying juveniles as adults is The Sentencing Project (TSP). The Sentencing Project is a national non profit organization which promotes sentencing reform and the use of alternatives to incarceration through program development and research on criminal justice issues. TSP suggests three questions that should be asked in discussions about trying juveniles as adults. First, at what age does an individual become competent to stand trial that is competent enough to participate effectively in his or her own defense? Second, at what age does an individual reach the level of adult responsibility and culpability that is a level of maturity sufficient to appreciate the wrong of his or her actions and accept responsibility for what has taken place? Finally, at what age do individuals cease to be good candidates for rehabilitation?

These three questions all lead to the problems that TSP feels juveniles have when prosecuted as adults. New transfer laws and prosecution policies have resulted in many more children being prosecuted as adults. It is estimated that more than 200,000 children a year are now prosecuted as adults in criminal court (Hoffman, 2001). The problem is that children who are transferred to adult court are disadvantaged in comparison to juvenile court.

Children prosecuted in criminal court are at a disadvantage compared to adults in the same courts. Some trial experience sows how this is so. At arrest, children readily "confess" to police and to over implicate themselves. Children appear to contradict themselves in the statements they give and as a result are easily "impeached" or confused when questioned before a judge or jury.

At bail or bond hearings children who are rarely employed and seldom own property are often held on low bail amounts which most adults could more easily pay. In crowded probable cause and preliminary hearing courts, public defenders or assigned counsel seldom spend sufficient time with their young clients who have difficulty remembering names and addresses and sorting out facts that are important to the adults defending their case. In trial preparation, interviewing children takes more time than adults. Many attorneys do not have the time required. Children frequently eliminate information they think is damaging and exaggerate whatever they think helps. They try to protect parents or elders.

POA would think the complete opposite of this problem. POA would not believe in juveniles "protecting" others in society. They feel that society should be protected by the juveniles. This would be an example that was previously mentioned of the juveniles being a hazard to society.

POA feels that despite a person's age that if a crime is committed than he / she should suffer the consequences even if that person is under age 18 and should be tried in adult court. Protecting others or by saying juveniles do not understand certain things that adults would understand is giving them the benefit of the doubt and that shouldn't happen. If a juvenile feels that he / she is old enough to commit a crime, then he / she should suffer all consequences in adult court. More problems that TSP suggests that juvenile suffer when tried in adults court is unjust treatment. In 1999, 7,400 offenders under age 18 were admitted to state prison, more than double the 3,400 admitted in 1985. In 2000, more than 8,500 juveniles were held in adult jails, either tried or awaiting trials as adults (Armstrong, 2001).

They are at risk. Children incarcerated in adult faculties are 7.7 times more likely to commit suicide, 5 times more likely to be sexually assaulted, twice as likely to be beaten by staff and 50% more likely to be attacked with a weapon than children incarcerated in juvenile institutions. Adult convictions also carry long term consequences for juveniles. Whether convicted or not, children convicted in criminal court may suffer long term political, legal and socioeconomic consequences. They may be subject to criminal court jurisdiction for any subsequent offense committed as a juvenile. Their convictions become a matter of public record and they may have to report their conviction on job applications once they are enough to seek employment.

Certain states ban ex offenders with felony convictions from particular types of jobs which may possibly limit future employment opportunities for youth. Adult convictions may also result in the loss of voting rights before a juvenile is old enough to vote. POA feels if a juvenile thinks they are old enough to commit a crime then he / she should be old enough to live up to what they did. POA does not see age as a factor like TSP does. POA feels that a crime is a crime and no matter what the age is of the person is who commits the crime, all legal actions should occur. TSP does not think trying juveniles as adults is good because it increases racial disparity.

Minority youth are arrested at higher rates than white youth and that minority over representation increases as the juvenile moves through the juvenile justice system. 67% of juvenile defendants in adult courts are African American whereas 31% are White. After sentencing, 77% of juveniles sent to adult court are minorities. 99% of all youth transferred to adult court for all crimes 1999-2000 were youth of color (Barbour, 1999). The case that has me thinking is the one of Nathaniel Brazill who in 2000 shot his teacher in the head in Florida. The then 14 year old Brazill was sentenced to 28 years in prison.

Brazill testified how he pulled the. 25 caliber handgun out of his bag and pointed at his teacher (Barry Grunow) because Grunow wouldn't let him speak to two girls in his class. Brazill wanted Grunow to take him seriously but he did not intentionally pull the trigger. He thought that the safety was on. However, prosecutors argued that Brazill brought the gun to school because he was angry about being suspended by another teacher for throwing water balloons. They said he was upset for failing Grunow's class.

Whatever the reason may be, the fact of the matter is that an innocent person died and someone needs to suffer the consequences. I believe that 14 years old is an age where a teenager should know right from wrong. Ethics is something that starts at home when growing up. Some may argue what if a person doesn't have a stable upbringing?

There are other alternatives such as school clubs, community organizations, church and other positive things. Many may argue that 28 years is "too long" for a 14 year old to serve. So then, what is "too short?" If Brazill was maybe 24 or 40 then maybe this wouldn't be an issue. Some would feel that he has lived most of his life and so spending the rest of his life in prison would be okay. To send a 14 year old to prison until the age of 42 is unjust to some.

They feel he would miss growing up, high school, interacting with others his age, etc. I think maybe he should " ve been interacting with others his age before deciding to even take a gun to school. He is old enough to know that a gun is trouble. He had to know that what he did called for punishment. I agree with POA that if he does go to juvenile court and serve maybe 7 years for killing a teacher than that is suppose to be okay?

If Brazill was old enough to shoot and kill someone than he is old enough to be punished in an adult prison just like any other minor.