Teen Court And The Young Offenders Act example essay topic

Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capitol crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes. Many people claim that the child did not know any better, or that he was brought up with the conception that this behavior is acceptable. Although there is some truth to these allegations, the reality of this social issue is far more complex.

Therefore we ask the question, Should childhood offenders of capitols crimes be treated as adults? To begin with, numerous reasons for why a child acts in the manner he exhibits and why he continues to exert such dangerous and even fatal schemes. Recent research shows that factors ranging from inherited personality traits to chemical imbalances and damages suffered in the womb can increase the odds that a child will become violent (Johnson 234). Experts argue that no one is predestined to a life of crime. They believe that influences such as repeated abuse, extreme neglect, poverty, media violence, and easy access to guns play the major role in molding children into criminals. The father of serial killer Jeffrey Dahmer wonders, 'If potential for evil is in the blood that some of us pass on to our children' (Wartik 23).

In the quiet New York town of Savona, Eric Smith, age thirteen, intercepted four year old Derrick Robie on his way to a park recreation program and offered to show him a shortcut. Hesitatingly, Derrick set off with Eric. He never made it to the park. That same day the little boy's savagely beaten body was discovered outside the park area (Wartik 98).

Jon Venables and Robert Thompson of Liverpool, England, made international headlines in November of 1994, when they were convicted of murdering James Bulger, age two. The two boys, both ten at the time of the slaying, lured James away from his mother in a shopping mall, took him to a nearby railroad track, beat him brutally and left him to be cut in half by a train (Wartik 56). Many experts do not accept that biology alone creates children who kill. They believe that violence is a learned behavior. Being abused or witnessing domestic violence is an environmental factor in juvenile violence.

Being maltreated or neglected is another factor. A large percent of murderers come from rough childhood's. Birth complications raised the likelihood that a child would have a criminal record by the time he was eighteen. Upbringing is also a key in molding young children (Wartik 45). In a 1988 study of serial killers, it was discovered that more than a third exhibited such destructive behavior as fire setting, cruelty to animals, and property destruction among youngsters. This same year, in a study of thirteen Murderers, ages thirteen to seventeen, it was found that more than half of these juveniles had signs of major brain dysfunction, resulting from falls, accidents, or other traumas (Wartik 34).

Furthermore A mother's use of recreational drugs, alcohol, or tobacco during pregnancy has also been linked to her child's risk of future criminality. Antisocial children seem to have slower brain-wave activity and lower heart rates than their well-behaved peers (Wartik 67). Media violence is another factor in fostering aggression. That is, the violence that children are surrounded by everyday, including television violence, and witnessing abuse in the home and on the streets affects the child (Wartik 78). A fifteen year old boy from Savona shot his brother dead in a quarrel over a bottle of cold medicine (Wartik 104). Deanna Cre min of Somerville, MA was found dead behind an elderly housing complex.

Her body was found half naked and strangled. She was a seventeen year old high school junior. It is believed that she knew her killer (Johnson 59 A). However, the truth behind the question of Biology or upbringing lies somewhere in between. Biology and the environment interact to turn a child bad.

Stories of juvenile murderers often counteract, 'It was a wonderful family, this was just a wicked kid,' but scratch the surface and you " ll usually find a lot has happened to that child (Wartik 65). Even young children remember experiences that they have had. In some cases, these traumatic experiences have long term effects on the child. Violence increases a child's fear of becoming a victim, forcing them to respond aggressively to any action laid on them (Toch 213).

'It is easy to think the infant or toddler is too small to understand violence, in fact, specifically that the experience is likely to take on particularly sinister and magical dimension. ' Beverly Jackson of Zero to Three / National Center for Clinical Infant Programs in Arlington, VA says, 'And where violence is wholly unexpected, is combined with the actual loss of a parent or caregiver who is the center of the baby's world, the depression of a loved one or caregiver due to the loss, the fear of going outdoors, the belief that parents cannot be trusted to protect them, the impact is all the more severe. ' (Robinson-Briggs 120). The effects of violence on children can be intense. It can manifest post-traumatic stress disorder (PTSD).

In many cases witnesses and victims of violence later become perpetrators of it themselves. 'The damage doesn't end when the bullets stop flying' (Robinson-Briggs 103). The earlier a child enters into the juvenile justice system, the more likely he is to continue a criminal career (Hyde 71). The law believes that children need different treatment and help when they have committed a felony.

In most cases, they are not considered criminals. The court does not see itself as taking away the freedom of juvenile; therefore, children do not have many of the same rights in court that adult criminals have (Strouse 189). Moreover A juvenile has the right to remain silent when he is arrested. He also has the right not to answer any questions from the police without a parent or guardian present (Strouse 202-3). Two Dartmouth High School students and a third teenager burst into a government class armed with a bat, a billy club, and a hunting knife. Police say they attacked freshman Jason Robinson, sixteen.

One went after him with the bat, and as the teacher wrestled with the assailant, a second plunged the knife into Robinson's abdomen, killing him. 'Young people,' according to the U.S. Supreme Court in 1975, 'do not shed their rights at the school house door. ' Students are able to sue their school if their rights are violated (Olney 7). It has been estimated that nine percent of eighth grade students carry a gun, knife, or club to school at least once a month. In fact, approximately 270,000 guns go to school every day (Toch 45). The problem of violence in school has increased to the extent that many schools have drive by shooting drills.

Other precautions that have been taken are: Fencing in campuses, installing metal detectors, and locker searches (Toch 78). Many students have a bad impression of when it is 'okay' to hurt, or even kill a fellow peer. They feel it is okay to shoot someone: 'Who has stolen from you'. Or 'Who has done something to offend or insult you'. Twenty percent of High School students agree with this theory (Toch 67). If a juvenile delinquent is a person who commits an unlawful act, or is it a person who has been caught committing an unlawful act?

This is the question (Hyde 28). The definition of a juvenile delinquent is a person within a certain age bracket who commits acts that are forbidden by law. Often, there is confusion about whether it is better to raise or lower the juvenile age limit (Hyde 27). If a juvenile does something that would be a crime if an adult did it, he will be treated as a 'delinquent' rather than a criminal. Yet, Several offenses are considered juvenile delinquency even though they are not crimes and would not be noticed if an adult committed them (Strouse 202-3).

A juvenile can be arrested for trivial felonies such as: Running away from home, being a regular truant, disobeying his parents and being beyond 'lawful' parental control, for being generally 'incorrigible' and ungovernable, for staying out after curfew as well as other offences. (Strouse 202-3). Additionally there are three major types of prevention's for juveniles, they are as follows: the Juvenile Court, Teen Court, and The Young Offenders Act (YOA). Juvenile courts act in the 'best interest of the child,' They often decide on punishments that are at least as serious as the sentences of adult criminals (Strouse 191).

Juvenile Courts also believe that an adult judge can handle any matter, and that rehabilitation was much more important than punishment. They believe that a minor who would cheat or steal or harm others should be removed from contact with society (Olney 89). It appears that juvenile Courts are unfair to the children they have rehabilitated. For instance A minor was not permitted to have a lawyer defend him in a juvenile court proceeding. Minors are not getting fair notice of what they were accused of doing (Olney 89). Another form of delinquent prevention is Teen Court.

After the case is referred to Teen Court, a coordinator holds a meeting with the defendant and his family. They receive information on the court process and a court date. The proceedings are similar to adult court. Teen Court is intended to stabilize first time offenders.

The juries, along with all other members of this court, are made up of teens. One reason is because teen juries tend to be tougher on defendants than juvenile court judges. Teen Court members believe that 'In any age of uncertainty and cynicism about the goals and efficiency of juvenile justice, Teen Court has the potential to become a model for the juvenile justice policy in years to come' (Williamson 187). Teen Court is not designed to determine guilt, district courts do this.

The teen members hear the case and settle on an appropriate sentence (Williamson 210). One final method of juvenile control is The Young Offenders Act or YOA. Some say this act has no effect on youths. Never has it dealt with children under twelve and pampers young adult's ages sixteen and seventeen who primarily should be considered adults. This act has caused an increase in crime by youths. The only benefit of the YOA is that it is very stern with juveniles and treats them as adults (Carmina ti 145).

By analyzing this research, it is obvious those juveniles are treated differently than adults. Sometimes they are sentenced too leniently, other times too harshly. The punishment should fit the crime, regardless of age. If a capitol crime is committed by a juvenile, he should be punished as if he were an adult.

Bibliography

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