Should children who have committed horrendous crimes be tried as an adult?
Juvenile delinquents can be tried as adults in criminal court by being “transferred” to adult court from the juvenile justice system. Upon transfer to adult court, juvenile defendants lose their legal status as minor children and become fully culpable for their behavior. If a child is convicted, they could be sentenced to juvenile detention until they reach the age of 18. Since the death penalty is a punishment for adults in some states, it does not apply to a child who was under the age of 16 when the crime occurred due to the case of Thompson v. Oklahoma. Today, over 2200 juveniles nationwide have been sentenced to life imprisonment without the possibility of parole.
There are five major ways that children can be prosecuted in adult court:
Judicial Waiver:
45 states allow juvenile court judges the discretion to have a youth's case tried in the adult criminal
court.
Direct File or "Prosecutorial Discretion":
15 states allow prosecutors the discretion to have a youth's case tried in the adult criminal court.
Mandatory Waiver:
15 states require juvenile court judges to automatically transfer a youth's case to adult criminal court
for certain offenses or because of the age or prior record of the offender.
Statutory Exclusion:
29 states automatically require a youth's case to be tried in the adult court based on the age of the
youth, or the alleged crime, or both.
Age of Majority Statutes:
Three states automatically prosecute 16 and 17 year olds as adults – Connecticut, New York, and
North Carolina. Ten states automatically prosecute 17 year olds as adults – Georgia, Illinois,
Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, South Carolina, Texas, and
Wisconsin.
A writer for the
Time magazine article gives insight on both sides.
The writer argues that children should not be sentenced as adults question whether a child is aware of their wrongdoings. A child's prefrontal lobe is not fully developed until the age of 20. Children are unable to fully understand the consequences of their actions.
Those who argue that children should be tried as adults state believe children should be held responsible for their actions. They believe that "light sentences don't teach kids the lesson they need to learn". It is also argued that children today are much more smarter at a younger age, therefore they understand violence and violent weapons. If they know how to load and shoot a gun, they know what they are doing.
Those who argue that children should not be tried as adults believe that the juvenile system can help turn lives around. A young person coming from the juvenile system will turn out way better than someone coming out of an adult facility. They feel that children also lack intelligence to even stand on trial. Most of the blame should be put on the parents of the children. They should have not been able to obtain a deadly weapon in the first place. The Time magazine writer also stresses that the system is full of racism. "Statistically, black juvenile offenders are far more likely to be transferred to adult courts... than their white peers who've committed comparable crimes."
The writer of this article, Laurence Steinberg, makes it very clear on his beliefs that children should not be tried as adults. A boy who pleaded guilty gave his understanding of what would happen if found guilty. He simply stated, "It's like when you do something bad and your mother sends you to your room for the whole
weekend." It is a simple argument, children can commit the same crimes as adults but they cannot think like adults. The law states that defendants
in criminal cases must be "competent to stand trial". Just like an mentally unstable person would not be able to stand trial neither should a person who has reached a developed mentality.
The studies conducted show that many children do not understand the role of the jury and judge. They do not know the difference between the prosecuting and defense attorneys. And they do not understand their rights even when explained to them. Most children confess quickly thinking that there will be a reward for doing so.
He also obtained research that shows "60 percent of youths in the juvenile justice system, compared to 20 percent in the general population, have mental disorders such as depression, anxiety, and suicidal ideation."
I honestly cannot make a set decision on my opinion. Some of the cases that I have come across are so crazy that I believe children should receive a life sentence. There are others where I believe that the child was not aware of what they were doing therefore rehabilitation would be the perfect choice.
However, I do not condone a child entering an adult prison at a young age if tried as an adult. Anything can happen in there, for example, sexual abuse. A solution to that would be keeping them in the juvenile system under rehabilitation until they reach the legal age, 18, and then be transferred to a prison to finish out their full sentence.
After thoroughly thinking about it I thought that that would be stupid as well. Say if a 12 year old was tried as an adult and received a life sentence. He would spend his 6 years in the juvenile system and in rehab then transferred to prison. If he did not have psychological problems before he definitely will now. He just spent 6 years trying to get his thoughts together and become mentally stable. Being transferred will trigger a mental breakdown. Not only will it not be something he is used to but it is a whole new environment.
This subject takes a toll on many people, especially the parents of these young children. A child's environment does have a lot to do with these circumstances, which is out of their control. Their whole upbringing and train of thought is instilled by their parents, therefore should we blame the parents?
To check out some active court cases regarding children go to
http://www.justice4juveniles.com/.
