The law defines a juvenile as a person who is not old enough to be held responsible for criminal acts. This age is, in most states and on federal level, set at eighteen years. However, some states like Wyoming, a juvenile is one under the age of nineteen years and in New York and Connecticut, a juvenile is defined as a person under the age of sixteen years. These age definitions determine whether a suspect will be charged in adult or juvenile court. In the past, children were considered as young adults and were expected to behave accordingly. Children over seven years of age who were accused of any crime were tried in adult courts. Later on in the nineteenth century, separate work farms and rehabilitation centers were created for convicted children.
Recently, a growing number of juvenile criminals are being tried as adults as a result of the public outrage against children who, in large number, are committing violent crimes. In response to this, many states have adopted laws that allow more children, as young as ten years, to be tried as adults. One example of such legislation is the Michigan’s Juvenile Waiver Law of 1997 which lowered the age at which a juvenile can be tried as an adult. This law removed some of the conditions under which a minor should be tried as an adult or a child. Some of the considerations that no longer carry weight include criminal history, psychiatric evaluation, and the nature of the offender’s action. The second example is the California’s Proposition 21, which was enacted in 2000. This act allows prosecutors to directly send juveniles accused of felonies to adult court. This law also forbids the application of ‘informal probation” in felonies, which was offered to first-time minor offenders who admitted their crimes and tried to make restoration. Lastly, the act demands that known gang members register with police agencies and increase the penalties for crimes such as vandalism. However, trying juveniles as adults is associated with so many problems. Most children come out of prisons with an increased knowledge of crimes and the eager to commit even more crimes.
Justice for juveniles is faced by numerous problems. In recent years, child soldiers are employed across the world, and are involved in evil acts. Many children commit crimes under threats against their lives, but some just commit these terrible acts as a way of living. The most difficult situation arises on how to treat those captured. Holding children accountable for their actions while still recognizing their lessened culpability is difficult. In finding justice, both the offender and the victim must be put into consideration. But the problem arises on how to respect the rights of the victims and evaluate the offender. As a result, the number of juveniles committing crimes keeps on increasing. A study conducted revealed that many youths prefer meeting their deaths in crime while looking for wealth to suffering in poverty while waiting to get jobs after their graduations (Pollock, 2012).
Racial disparities also exist in juvenile transfers. Research conducted by several scholars clearly reveals that black juveniles are likely to be taken to adult courts than white juveniles even if they have committed similar crimes. Many officers believe that black juveniles are more dangerous to the society than the white juvenile suspects and thus their cases are to be handled in similar manner like the adult cases. The belief of these officers is based on unfound facts something that ends up discriminating black juveniles. Further studies reveal that Hispanic American juveniles also have a high probability of ending up in adult courts compared to white juveniles. The study shows that white juveniles charged in adult courts account for only 10 percent of the juveniles convicted in adult courts.
Another problem that exists is that children in adult facilities suffer high rates of sexual and physical abuse. According to the latest statics from the department of children in adult facilities are five times more likely to be sexually abused and twice more likely to be mistreated by staff than those held in juvenile correction centers. Adult facilities do not offer education or other services that are appropriate to juveniles’ needs. As a result, these children are denied their rights as minors. Juveniles are forced to compete with the few facilities with the adults, a situation which deprives them of their right as underage people.
Conclusion
The decision to try juvenile suspects in similar manner as adult suspects has led to many people doubting the credibility of the juvenile systems. The decision to handle juveniles as adults has mainly been promoted by public opinions which term some juveniles as “Super-predator” implying that they are very dangerous to the society. This affects the reformation of the juveniles once taken to correction institutions as they believe that they will not be accepted back in the society once released from custody. According to Laurence, (2008), juveniles released from adult facilities are more likely to re-offend than those released from juvenile facilities. The racial disparities that occur in juveniles transfer to adult facilities have led to an increase in the number of children committing crimes. Construction of reformation facilities for juvenile criminals can be a solution to these problems. Rehabilitation programs need to be established and each and every member of the society should be responsible in transforming the youths.
References
Joseph, J. (1995). Black youths, delinquency, and juvenile justice. Westport, Conn. [u.a.: Praeger.
Laurence, S. (2008). Juvenile Justice: Vol.18 No. 2.
Malcolm C. Young and Jenni G. (2000). Prosecuting Juveniles in Adult Court: An Assessment of Trends and Consequences, Washington DC.
Pollock, J. M. (2012). Ethical dilemmas and decisions in criminal justice. Belmont, CA: Wadsworth Cengage Learning.
Thonden, Y. (1997). Juvenile injustice: Police abuse and detention of street children in Kenya: Human Rights Watch Children's Rights Project. New York.