Youthful Offenders Crime In The U.S. example essay topic

OUTLINE I. Introduction II. Youthful Offenders. Mistaken Notion of LeniencyB. Proof of Increased Effort to Criminalize Youthful Offenders 1. Stronger Penalties 2. Prison Population.

Preventative Affects. Drug & Violent Crimes. "Get Tuff" Attitudes IV. Incarceration Issues. Conclusion Table of Contents Abstract... vs. Statement Of Purpose...

1 Youthful Offenders... 1 Drug & Violent Crime Cases... 4 Incarceration Issues... 6 Works Cited... 7 The American Judicial System: Does it favor the criminal? to Business Law InstructorforENG : March 26, 2000 The American Judicial System: Does it favor the criminal? Statement of Purpose As crime in America seems to be decreasing, reports from law enforcement experts state that: violent crimes are expected to increase (Butterfield 6).

Many people feel that the American Judicial System treats the criminal as a victim, therefor, favoring the criminal. The American judicial system, however, has taken an attitude that "Perpetrators not only deserve blame but are worthy of it, in the fullest, most human sense of the word" (Reidinger 98). Despite the popular belief that the American Judicial System favors the criminal, in reality, this system imposes strict penalties in the majority of criminal defense cases in this country. Youthful Offenders Crime in the United States appears to be increasing and gives the general public a mistaken notion of leniency toward youthful offenders. Underage students on college campuses, for instance, continue consuming alcohol at alarming rates; yet, some colleges merely fine students rather than demanding them to face their legal punishment. Most psychologists maintain the theory that a young child who commits a cold-blooded rape and murder cannot tell the difference between "fantasy and reality" leaving the public to feel this child has gotten away with murder (Adler n. pg.

). According to a report from the Justice Department, all states may now charge juveniles as adults giving judges and prosecutors the power to file major youth felony cases in adult courts (Adler). These new changes in law have, in fact, led to stiffer penalties and increase prison sentencing. The judicial system has also proven its effectiveness by the rise in the number of juveniles convicted as adults between 1985 and 1997 (Johnson 1 A).

In 1997, the state of Michigan also enacted a law that permits the state to prosecute children of any age as an adult when the crime is violent and has met certain criteria (Leinward 3 A). Most recently, California has claimed the "nation's toughest crackdown on juvenile crime" by allowing prosecutors rather than judges to make the decision as to whether children as young as 14 should be tried as adults (Booth A 03). Many states have approved that juveniles who commit minor offenses can be held liable for maximum penalties and mandatory jail sentences. Massachusetts, for instance, passed An Act to Provide for the Prosecution of Violent Juvenile Offenders in the Criminal Courts of the Commonwealth effective October 1, 1996, which allows for rapid prosecution of crimes committed by juveniles (Young 42). All [14-, 15- and 16- year-olds] charged with first and second degree murder will be automatically tried in adult court, and receive an adult sentence if convicted; a first-degree murder conviction results in life without parole; a second-degree murder conviction results in life with parole eligibility after 15 years. These sentences will be served in adult correctional facilities.

However, thanks to the state-based, nonpartisan group, Citizens for Juvenile Justice (CJ), juveniles convicted of murder will at least be housed separately from adults in "youthful offender units" until age 17. (43) The severity of the punishment juvenile offenders now receive, as a result of their crimes is a prime example of the decrease in juvenile crime in America. Proof of increased effort to criminalize youthful offenders can also be seen through prison population and arrests. As the number of children committing violent crimes in America increases, the number of arrests and imprisonment increase as well (Adler n. p. g). The Department of Justice conducted a special operation with the Miami-Metro Police Department from December 5, 1996 through June 1, 1997 called Operation Safe Streets / Clean Sweep, at which time, the Miami-Metro Police Department arrested a total of 3,353 juveniles for misdemeanor and felony charges ("Department" n. p. g). Across the country, the number of juveniles in the prison system has double since the 1990's (Johnson 1 A).

These rapid changes in laws combined with the strict sentencing seem to have proven there is an increased effort to criminalize youthful offenders. As juvenile crime grows at an alarming rate, many tend to wonder if strict laws and prison sentencing is enough to combat the problem. Criminologist have determined that those who work with their communities are less likely to commit crimes (Cole 17 A). General Colin Powell, chairman of America's Promise- -The Alliance for Youth, has waged a new battle on a new battle ground in the fight to save America's youth from becoming juvenile delinquents (Powell n. p. g). According to General Powell, "Today our society is materially richer, but it is easier than ever for our kids to go wrong -- in the suburbs as in the cities. Because many of the social structures that once kept our kids secure have broken down, we have today's appalling data on juvenile crimes, gangs, drug abuse, pregnancy and dropouts... it is just common sense that if we don't provide these young people with some kind of sanctuary -- I call them safe places -- and give kids something constructive to do once the last bell rings, they are going to be easy marks for drug dealer, gang recruiters, and other predators.

(Powell) The list of activist committed along with General Powell include President Clinton, as well as all other living former presidents, popular musicians, famous actors, and many world renounced and highly esteemed doctors, who want to see the American youth prosper not fail (Powell). Criminologists feel that youth who are, whether they are "at risk or not", have a better chance of becoming productive members of society and are less likely to be found in trouble with the law (Cole 17 A). Many lawmaker and law enforcement officials also believe that mentoring and reaching out to "at risk" youth are the best alternative to strict laws and over crowded prisons (Powell). Drug & Violent Crime Cases Just as many people feel the American Judicial System is far too lenient on juvenile of fenders, the same holds true for drug and violent crimes. Prosecutors strive for reduced sentences due to prison overcrowding, first-time offenders and non-violent criminals leave court rooms with "mandatory minimums" thanks to the "safety valve law" which took effect in 1995 (Sniffen n. p. g). These are some of the issues which may lead the general public to feel as though the American Judicial System has done little to combat the drugs and violence.

Allowing first time offenders and non-violent criminals to receive "mandatory minimums" helps to save the government money, as well as offers these low-level criminals the opportunity for rehabilitation (Sniffen). In actuality, the percentage of arrests leading to serious penalties have increased from 1995 to 1999 as seen in the chart below (Hansen 81). OFFENSE MEN WONENViolent 60% 49%Property 71% 57%Drug 88% 79% Lawmakers in America are making every effort possible to make punishment harder for convicted felons. Recently in the New Hampshire primary, a record was set: it was the first and possibly the last time prisoners could vote in the state presidential primary (Cole 17 A).

Although the inmates won a lawsuit entitling their to the right to vote through the New Hampshire constitution, the state is appealing the ruling and could possibly win the suit in the future (17 A). Many states forbid convicted criminals the right to vote. There are 45 states that do not allow prisoners to vote (17 A). Another way states have show their aggressiveness to criminals is by public notification. In the state of California's new crack down on crime, the names of juveniles "suspected" of crimes may be disclosed even before the juvenile has been charged (Booth A 03).

Many states also offer web sites which post names, addresses and even maps of sexual offenders living in their communities (Edry n. p. g). Although many civil libertarians argue that such web sites violate the privacy rights of the convicted offender, government officials maintain that families have the right to the knowledge to protect themselves and their children (Edry). "In 1986, anti-drug hysteria led Congress to pass legislation requiring stiff sentences for drug offenders" (Greider 42). It is clear that these long awaited strict laws have strengthened the American Judicial System. Incarceration Issues According to a recent poll posted on the Internet, 83% of people responding felt American tax dollars being spent for incarceration were helping to accommodate a "country club lifestyle" for incarcerated criminals (Wall n. p. g. ).

Many prisons, such as Raleigh Correctional Center For Women in Raleigh (RCCW), North Carolina, offer inmates such "luxuries" as cable television, weight lifting equipment and educational opportunities (Barefoot n. p. g). The United States Commission on Civil Rights believes that in order to avoid future incarceration problems, the American Judicial System must strive for the rehabilitation of convicted criminals (Cose n. p. g). Cable television and other simple luxuries are a large part of rehabilitation and in order to rehabilitate an inmate, you must educate, employ and reward inmates for achievement of their goals, according to Joy Barefoot, Superintendent of RCCW. Some funding for services inmates receive as reward for achievement of goals are provided from inmates who have earned work-release rights: the right to work for pay in a public job while serving prison time (Wall).

According to Barefoot, inmates help ease a part of the finical burden suffered by the government by paying rent for each week they have worked while in prison. Inmates work hard for the prison facility itself in order to keep the facilities running properly (Holland n. p. g. ). Inmates essentially provide all labor for cooking, cleaning and maintenance of the prison along with manual labor for highway construction and road side-clean-up crews (Wall). According to 1st Sergeant Holland of RCCW, "It takes a lot to keep a prison running and these inmates do all the labor; gourds are just guards". Although many people feel that incarceration is much like a luxury vacation, the facts remain that the American Judicial System continues striving toward rehabilitation of criminals to prevent increases in crime and prison population.

Despite beliefs that the American Judicial System shows favoritism to the criminal, lawmakers strong efforts to establish strict laws for the punishment of juvenile offenders. This system continues movements allowing the imprisonment of all aged offenders, as well as imposing harsh punishments to those who commit drug and violent crimes; proving the American Judicial System does does not favor the criminal.

Bibliography

Adler, Jerry. "Murder at an Early Age". Newsweek 24 Aug. 1998: web 10 Mar.
2000.
Alter, Jonathan. "Powell's New War". Newsweek 28 Apr. 1997 web 97 a / printed /us / na 0117.
htm. 11 Mar. 2000.
Barefoot, Joy. Superintendent, Raleigh Correctional Center for Women, Raleigh, NC. Telephone interview. 5 Mar. 2000.
Booth, William. "California Toughens Juvenile Crime Laws". Washington Post 13 Mar. 2000: A 03.
Butterfield, Fox. "Experts on crime warn of a ticking time bomb". The New York Times 6 Jan. 1996: 6.
Cole, David. "Denying felons 17 A. vote hurts them, society". USA TODAY 3 Feb. 2000: 17 A.
Cose, Ellis. "Locked Away and Forgotten". Newsweek 28 Feb. 2000: web 11 Mar.
Edry, Sandy. "Sex Offenders Online". Newsweek 31 Dec. 1998: web 1.
htm. 13 Mar. 2000.
Greider, William. "Mandatory Minimums: A National Disgrace". Rolling Stone 16 Apr. 1998: 42-50.
Hansen, Mark. "Taking a look at crime". ABA Journal Feb 1998: 81-82.
Holland, Lillian. Sergeant, Raleigh Correctional Center for Women, Raleigh, NC. Telephone interview. 5 Mar. 2000.
Johnson, Kevin. "Youth in Adult prisons double, Increase is reflection of states' hard line". USA TODAY 28 Feb. 2000: 1 A.
Lawrence, Jill. "Similar agendas, dissimilar approaches". USA TODAY 28 Feb. 2000: 11 A.
Leinward, Donna. "Michigan, Federal laws address children and guns". USA TODAY 1 Mar. 2000: 3 A.
Murphy, Caryl e. "Underage Students Still Have Easy Access to Bars, and Experts Decry a culture of alcohol". Washington Post 12 Mar. 2000: C 01.
Powell, General Colin. "Left To Myself". Newsweek 27 Apr. 1998 web 032 1.
Reidinger, Paul. "The making of a victim". ABA Journal Apr. 1996: 98.
Department of Justice Miami, FL. Executive Summary Department of Justice, 5 Dec. 96 through 1 Jun. 97. Sniffen, Michael. "Federal Drug Sentences Declining". Washington Post 13 Mar. 2000: C 12.
Wall, Lucinda. Former Inmate, Raleigh Correctional Center for Women, Raleigh, NC. Interview. 5 Mar. 2000.
Young, Rebecca. "Bad News In Massachusetts". ABA Journal Nov. 1996: 42-47.