The Influence of Prison Gang Affiliation on Violence and Other Prison Misconduct - Essay Example

Is the Criminal a Man or a Boy? Two men, Jory Asby and Jeremy Pechanaec, stopped at Scorchers Bar and Grill after completing their shift at the Cleveland Clinic Hospital Research Department. As they celebrated a co-workers birthday, one of the members of the party went to the ATM machine to withdraw some cash. While he was at the ATM machine, he was being watched by four men; twenty seven year old Reginald Day, twenty five year old Cornelius King, nineteen year old Perry King, and seventeen year on Rafael King. They were watching the transaction as they made plans to rob the two men. After Jory and Jeremy left Scorchers the four men followed them to their car, where they attacked and robbed them. The scene turned violent when the men shot both Jory and Jeremy at point blank range. The suspects fled in a stolen car. Jeremy was shot in the head and shoulder and later passed away. Jory, shot in the back of the head, remained in critical condition at Metro Hospital, with bullet fragments lodged in his body. Seventeen-year-old Rafael King turned himself in the next day, and the police soon arrested the other three suspects in connection with the shooting. Rafael King was the youngest of all the suspects in the case, but had a long criminal history from the time he was twelve-year-old boy. Rafael is now awaiting trial for his role in this violent incident. The question has been raised whether Rafael should be tried as an adult or be given the considerations afforded a juvenile. When making the decision as to the appropriate court to try teenagers that are under eighteen, we should consider a certain set of standards before trying them as an adult. One of the first considerations that are examined in the case of a juvenile, potentially tried as an adult, is the type and severity of the crime. Cases that are exceptionally violent or result in a death are often the ones most likely to be sent to adult court. Children as young as 12 years old have been tried as adults in some states, and "nineteen states allow capital punishment for 16- and 17-year-olds, and more than 70 juvenile murderers are on death row" (Grace). According to Hernandez, "If a juvenile commits one of 30 felony offenses spelled out in the law, ranging from murder to witness intimidation, the law allows prosecutors to send the case to adult court" (3). This is an indication that the public is willing to lower the age requirement when a capital crime or serious offense is involved. According to Steinberg, "Most reasonable people agree that a small number of offenders should be kept out of the juvenile system because they pose a genuine threat to the safety of other juveniles, because the severity of their offense merits a relatively more severe punishment, or because their history of repeated offending bodes poorly for their ultimate rehabilitation" (1). The severity of the crime brings in several aspects and considerations. As Steinberg points out, housing a criminal that is capable of heinous violence is beyond the capability of the juvenile holding system. They are minimum-security facilities that are not designed for maximum security situations. There can be no reasonable expectation that the public will spend the millions of dollars required to overhaul the juvenile jails and make them more secure. It is more likely that they will continue to transfer these cases to adult court, where they can be housed without being a threat to the juvenile population. While the current crime and its magnitude is a prime consideration, the juvenile criminal's prior record needs to also be examined. If there is a long history of criminal activity that includes violence, then this could be a candidate for a transfer to an adult court. The philosophy behind the juvenile court system was to provide an environment where a youthful offender could be rehabilitated and reenter society as they grew into adulthood. State laws call for juveniles to be released at the age of 18 or 21 years old, and the juvenile records are sealed. In this way, the offender is given a second chance and will not have his actions as a child follow them throughout life. This is a basic Christian belief that advocates restorative justice, rather than retributive justice. Retributive justice has as its goal the "fair, uniform, and deserved punishment for all offenders" with little or no concern for the rehabilitation of the young offender (Cahill). A teenager who has a long record of criminal activity, or violent crimes, has already been in and out of the juvenile system several times. This is the case of Rafael King, and now he faces a murder charge. There has been no success at rehabilitation and there is little hope of any future change. The system must make a choice. They can send the offender back to juvenile court where they will soon be released back into the public, where they will in all likelihood offend again. This places the public at greater risk. Alternatively, they can send the offender to adult court where the teenager will probably incur a much longer sentence than they otherwise would. This serves the goal of retributive justice, as well as protecting the public from a potentially violent offender. Another primary concern to be considered when determining the treatment of a youthful offender is whether or not they have a gang affiliation. Gang affiliation is a predictor of the offender's behavior in prison, and once again there is a concern for the security of the prison population when a gang member is involved. Gang members are significantly more likely to be disruptive while incarcerated than non-gang members. Research has consistently shown that "street gang membership does indeed increase delinquency and criminal behavior above the level that would be found among delinquent individuals not considered to be members of gangs" (Gaes et al. 3). This behavior and delinquency does not stop at the door of the jail and continues while locked up. According to Gaes et al., studies report that, "gang members were far more likely to commit prison rule infractions, especially drug and fighting infractions, than non-gang inmates" (2). Drugs are a significant problem when introduced into a juvenile facility. They may aggravate already marginal behavior patterns, or lead to further violence. The propensity of gang members to re-offend, and especially in prison, and the violence they bring into the environment makes them a prime candidate for being transferred to adult court. A final consideration that should be afforded the youthful offender is the attitude that they bring to court. Victims of crimes, and especially violent crimes, often want little more than for the offender to offer a sincere apology and ask for forgiveness. It is in the nature of most Americans to be forgiving and try to find a way to put the incident behind them. If the offender is truly remorseful, offers restitution, and makes a sincere apology to the court and to the victim, this should weigh in favor of the offender's chance of being tried as a juvenile. However, if there is no sign of remorse, this should contribute to the chances of being tried as an adult. A youthful offender that shows real remorse is less likely to return to the system as a recidivist. However, if there is no remorse, and there is no punishment in the way of restitution, then there is a better chance that the teenager has not learned their lesson and will probably return to the criminal court system. Unfortunately, if they are tried as juveniles they may be released prematurely and be back within a few years. This time the crime may be more severe and inflict a greater harm on society. By transferring these 'hard cases' to adult court, the offender can be given a longer sentence and be monitored through the system of parole hearings. As the child grows into an adult, they may change their attitude and be released back into society as a healthy adult and productive citizen. In conclusion, it is a great tragedy when a child commits a crime that society can only view as the action of an adult. There are no easy answers, or simple solutions, as we are presented with a case where everyone loses. The victim loses their well-being or possibly their life. Parents lose a child. Society loses a future productive citizen. Yet, prosecutors and judges have an obligation to protect society and keep it as safe as possible. In some cases this requires them to lock a young teenager in a jail setting that was designed for adult. The older men that he was in the company of when the fatal shooting occurred probably heavily influenced the actions Rafael King. This is probably true of many juvenile offenders. Therefore, this decision must be made with care and consideration. The nature of the crime must be considered to assure it rises to the level of an adult mind. The offender's previous record needs to be examined to see if there is any hope of rehabilitation. Gang membership will be closely associated with disruptive behavior in jail, and the gang related candidate should probably be kept segregated from other juveniles and placed in adult court. Lastly, the court needs to consider the attitude of the offender. A criminal who pays restitution and is honestly remorseful will probably be a better behaved inmate and have a better chance of being rehabilitated. We live in a country where there is a tradition of forgiveness and second chances. Before we send a youthful offender to the hardship of an adult prison, we should consider these factors very carefully. In the case of Rafael King, he fits the profile of a teenage offender who has run out of chances and should be tried in adult court. Works Cited Cahill, Michael T. "Retributive Justice in the Real World." Washington University Law Review 85.4 (2007): 815-70. Gaes, Gerald. "The Influence of Prison Gang Affiliation on Violence and Other Prison Misconduct." White Paper Federal Bureau of Prisons (2001): 1-47. Grace, Francie. "Court Scrutiny For Teen Executions." CBS News. 13 Oct. 2004. CBS News. 15 Apr. 2009 . Hernandez, Raul. "Juveniles Tried as Adults up 170% -D.A. Cites Gang Prosecution." 17 Feb. 2008. Ventura County Star News. 15 Apr. 2009 . Steinberg, Laurence. "Should Juvenile Offenders Be Tried As Adults? A Developmental Perspective on Changing Legal Policies". Paper presented as a part of a Congressional Research Briefing entitled “Juvenile Crime: Causes and Consequences, January 19, 2000. Washington: The John D. and Catherine T. MacArthur Foundation, 2000 Read More