Delinquent Juveniles Should not be Tried as Adults - Essay Example

? Delinquent juveniles should not be tried as adults Prosecuting and sentencing delinquent juveniles is a major problem with the criminal justice system. Juveniles have been tried as adults for felonies. Majority of the states have enacted laws that allow juveniles to be prosecuted in adult courts. Juveniles lack the mental capacity to control emotions and form intent while committing crimes. This practice is inhumane and violates the basic rights of children. Sentencing juveniles like adults increases the chances of repeated and more serious crimes. Initiation of early intervention programs and counseling will effectively deter juvenile delinquency. Delinquent juveniles should not be tried as adults Introduction The criminal justice system experiences many problems that hinder it from reducing the crime rates in the US. Despite the efforts that have been made in policing, prosecution, and sentencing of the criminal acts, the criminal justice system has remained ineffective in deterring crimes. One of the major problems with the criminal justice system is trying and sentencing of criminal juvenile offenders as adults (Siegel & Worrall, 2012, p. 315). Juvenile offenders lack the mental and emotional capacity to form intent and understand the consequences of committing crimes. According to the legal definition, a delinquent juvenile is a child who commits criminal acts that are punishable by law. According to the sociological perspective, a delinquent juvenile is just a child with antisocial behaviors in the society. The criminal justice system should aim at rehabilitating the juvenile offenders and not punishing them. Judges, lawyers, and prosecutors obstruct the processes that must be followed in trying the juvenile offenders. Almost all States have amended the laws to make it easier to sentence the juvenile offenders as adults (Siegel & Worrall, 2012, p. 315). In the US, juveniles between the age of 13 and 15 years have been prosecuted as adults. The convicted juveniles continue to serve life jail imprisonments without any possibility of parole. The criminal courts have ignored any consideration of the age of the juveniles, the life history of the juvenile offender, and the motive of the crime. Lack of legal representation of the juvenile offenders during the trial and constitutionality of the harsh punishments has made the criminal justice system ineffective in prosecuting the juveniles. Juveniles have been prosecuted for joint crimes with adults in crimes that may not have involved the use of violence or physical injury of the victim. According to the US laws, juveniles of 14 years lack the legal capacity to hold a driver’s license, to seek employment, or enter in to legally binding contracts on their own. Children are required to attend school and receive adequate protection of the government in protection of their rights. The above concept of the law has been ignored by the criminal justice system, since juvenile offenders lack the cognitive and mental capacity to reason and form intent while committing criminal acts like murder and assault (Albanese & Dammer, 2011 p. 265). Young teenagers experience varied emotions and behavior swings due to high vulnerability to pressure and social stress and, therefore, lack the mental ability to resist the risk taking behaviors like drug abuse. Juvenile offenders experience low social status in the society than adults. In 1994 alone, 2.7 million juveniles were arrested by the police for engaging in numerous crimes including violent crimes, status offenses, and non-violent crimes. In the same year, over 12,000 delinquency cases were referred to adult criminal courts by a process known as certification. The waiver of jurisdiction allows the juveniles of the ages of 16 and 17 years to be tried as adults in the adult criminal courts (Smith & Cole, 2008, p. 398). According to a Supreme Court ruling in the case of Stanford V Kentucky (1989), juveniles as young as 16 years can receive death penalties for juvenile criminal acts. About sixty percent of the juvenile crimes include property crimes, while 10 percent are delinquent cases. State laws have different laws for holding the juveniles accountable for criminal acts like felonies. The minimum age is 7 years, but some States have varied the age to 10 years (Benekos & Merlo, 2009, p. 205). Juveniles have no rights of legal representative in criminal cases and the right to confront witnesses. Many delinquent juveniles have been denied the opportunity to cross-examine the witnesses and protection of hearsay evidence. Trying the delinquent juveniles as adults does not achieve any deterrence (Albanese & Dammer, 2011, p. 264). For instance, the transfer Statute of Idaho in 1981 that required criminal juveniles to be prosecuted and sentenced as adults increased the level of crimes in Idaho. The juvenile arrests increased, since the harsh penalties did not have any impact in controlling the emotions and irrational behaviors of the juvenile offenders (Smith & Cole, 2008, p. 398). Holding juveniles in the same detention facilities with adults is a violation of their basic human rights. The Juvenile Justice and Juvenile Delinquency Prevention Act (1974) require the status offenders to be detained in different facilities away from adults. Juveniles confined in adult jails are exposed to more hardened and serious adult offenders. Delinquent juveniles convicted for life sentences without any parole have no hope of rehabilitation and reintegration in the society (Benekos & Merlo, 2009, p. 204). Such juveniles experience psychological damage after mixing with the adult and serious offenders in the adult jails. Juveniles prosecuted as adults are more likely to commit more serious crimes than juveniles rehabilitated in the juvenile courts (Benekos & Merlo, 2009 p 204). Unlike adults, juveniles are more vulnerable to coercive interrogation techniques used by the law enforcement authorities. Societal beliefs require juveniles to respect and obey adults, so this increases the chances of self-incrimination and false confessions of guilt. Juveniles have limited language skills and hardly understand the rights during the trial process and, consequently, have higher chances of conviction when tried as adults (Welsh & Siegel, 2012, p. 246). Research findings Since 1990s, many States have enacted laws that enable juveniles to be tried as adults. In 2003, many States adopted the legislations that permit delinquent juveniles to face the adult criminal justice system for felonies (Smith & Cole, 2008, p. 398). Prosecutors can now try juveniles as young as 14 years as criminal adults in particular circumstances. In Indiana and Vermont, juveniles have been prosecuted as adults (Siegel & Worrall, 2012, p. 315). Michigan’s Juvenile Waiver law of 1997 grants the judge the powers to decide whether the juvenile will be tried as an adult or a child depending on the criminality history. California Proposition 21 that was passed in 2000 allows prosecutors to directly commit juveniles accused of felonies to adult courts without the judge’s discretion (Welsh & Siegel, 2012, p. 537). Majority of the juveniles sentenced for crimes have dysfunctional family history like physical abuse or parental neglect (Siegel & Worrall, 2012, p. 312). Most of their parents are drug addicts, sex workers, and alcoholics. In 2005 alone, more than 800,000 children were documented to be victims of parental neglect and physical abuse in the District of Columbia and Puerto Rico. The International Covenant on Civil and Political Rights (ICCPR), which the US ratified in 1992, prohibits sentencing of juveniles to life imprisonment without parole. Sentencing juveniles like adults contravenes the Eighth Amendment of the US constitution that prohibits cruel punishments. Possible solutions There are numerous solutions that administrators and the criminal justice system policymakers can use to reduce the high rate of juvenile offenses. Delinquent juveniles should not be tried as adults since it is inhumane and violation of their basic rights. Early prevention and detection of antisocial behavior will reduce the chances of the juveniles engaging in felonies like rape, murder, assault, and violent robbery (Reid, 2012, p. 453). Home visitation programs by the social workers should be initiated in the places where parents have a higher risk of abusing the children. Parenting skills and family therapy programs should be incorporated in the home visitation initiatives (Reid, 2012, p. 453). The US government should eliminate the risk factors that lead many juveniles to commit felonies. Some risk factors include gangs in the streets, media violence, and drug abuse. The teenagers should be assisted in their socialization process in order to deter away from negative social pressure and negative peer influence. Juvenile should be tried in the juvenile justice system after making consideration for family history and psychiatric evaluation of the juvenile offender (Welsh & Siegel, 2012, p. 178). Behavioral change programs like inter-personal skills training and self-esteem skills should be considered in the juvenile correctional facilities. Individual juvenile offender counseling should be initiated in the juvenile courts (Reid, 2012, p. 453). The US government should provide more recreational facilities for the idle juveniles in order for them to desist from the negative peer pressure. The importance of respect of the rule of law and good behavior should be incorporated in the school curriculum (Welsh & Siegel, 2012, p. 557). Conclusion While unique differences of delinquent juveniles are well understood, the criminal justice system prosecutes the juveniles as adults. The research indicates that most delinquent juveniles have dysfunctional backgrounds and poor emotional development. Children neglected or abused by their parents have a higher likelihood of becoming delinquent. Delinquent juveniles prosecuted as adults experience psychological suffering and are more likely to commit serious repeated offenses than juveniles tried in the juvenile court system. References Albanese, J., & Dammer, H. (2011). Comparative criminal justice systems. Belmont: Thomson. Benekos, P., & Merlo, A. (2009). Controversies in juvenile justice and delinquency. New Jersey: Anderson Publication. Reid, S. (2012). Criminal justice essentials. West Sussex: John Wiley. Siegel, L., & Worrall, J. (2012). Essential of criminal justice. Belmont: Thomson. Smith, C., & Cole, G. (2008). Criminal justice in America. Belmont: Thomson. Welsh, B., & Siegel, L. (2012). Juvenile delinquency: theory, practice and law. Belmont: Wadsworth. Read More