Week 4 dis lit

Tamara

Should the U.S. justice system treat violent juvenile offenders as adults? Should Juveniles who are tried as an adult be transferred to adult prisons? There are benefits of trying a juvenile as an adult and there are problems transferring them to an adult prison. The benefits of trying a juvenile as an adult are, the harsher punishment the less likely it will be committed again and the problems with transferring a juvenile to adult prison are; it sends a message of lost hope, they are more likely to commit another crime when they get out the adult prison, and their sense of right and wrong it's different from adults.

In a few states like; Georgia, Louisiana, South Carolina, and Texas juvenile courts may hear cases involving juveniles. As long as, the offense occurs prior to their seventeenth birthday. Offenders over the age of seventeen will be tried as adults. Every state allows children under 16 to be tried as adults. '' Kent Scheidegger, legal director of the conservative Criminal Justice Legal Foundation, reported to USA Today, “the vast majority of teenagers, even young ones, know enough to be tried in adult court. The notion that teenagers are not capable of understanding what is going on I find not credible in the case of mentally normal teenagers” ("Many teens tried as adults with little understanding of process," 2003).

In America, around 10,000 children are placed in adult jails or prisons on any given day. “Children are five times more likely to be sexually assaulted in adult prisons than in juvenile facilities and face an increased risk of suicide.” ("Children in adult prison," 2021) These juveniles lose more than their freedom when they enter adult prisons; they lose out on the psychological benefits offered by juvenile-detention facilities. It is argued that sending a juvenile to an adult prison will make them feel as if they have no hope for their future. Studies show the adolescent brain does not process jail time the same way adults would, because they are not fully developed and the rehabilitation process in prison will not help them.

My argument is and will remain that juveniles should be tried as adults, but not transferred to adult facilities. There are too many risks in sending juveniles to adult facilities, but there are rewards to trying them as an adult. The Criminal Justice System can try these juveniles as adults, in hopes of deterring others from committing the crime. The Criminal Justice System should not transfer them to an adult prison because they will lose themselves.

Children in adult prison. (2021, January 13). Equal Justice Initiative.

https://eji.org/children-prison

Many teens tried as adults with little understanding of process. (2003, March 2). Latest

World & National News & Headlines - USATODAY.com. https://usatoday30.usatoday.com/news/nation/2003-03-03-juveniles_x.htm

Samantha

This week we discuss an issue that has gained massive media and research attention over the years. The age of criminal responsibility is determined by the country or state. For instance, in England the age of criminal responsibility is ten years old (Youth Justice Legal Centre, n.d.). Whereas, in the United States, each state has their own set age for criminal responsibility. Some states have no minimum age though most have an age of 18. Utah State has their criminal responsibility age at 18. This is interesting to compare to the age in which juveniles can be transferred to adult court which is age 14 in Utah under certain crimes (Interstate Commission for Juveniles, 2021). This means that children can receive sentences from an adult court, even though there are masses of research suggesting that juveniles lack the ability to make rational decisions with a full understanding of their actions.

Competency to Stand Trial and Decision Making

Competency is a fundamental aspect of criminal court proceedings. Competency is often raised when the mental health of the individual is in question. However, it is also explored when the individual may lack the ability to fully understand the consequences of their actions and the purpose of the court. For instance, it is likely that a juvenile can give a simple and brief explanation to how a courtroom works due to tv shows and movies. However, how likely is it that they fully comprehend the roles and regulations of the court? Evidence suggests that juveniles lack the ability to make rational decisions and to fully comprehend the purpose of the court proceedings (Fortunati, et al., 2006). If the individual cannot aid in their defense and does not understand the charges and procedures, they cannot be found competent to stand trial. Depending on the age of the juvenile, among other considerations, competency is a primary concern when determining adult criminal proceedings.

Impulsivity

Research shows that the brain functioning in adults and juveniles is different. Due to the developmental differences in the brain, adults and adolescents act differently. Adolescents do not have a developed Frontal Cortex, which controls active reasoning. The Amygdala is developed in adolescence, which explains why impulsivity is frequent in adolescents as the amygdala is responsible for immediate and emotional reactions (American Academy of Child & Adolescent Psychiatry, 2016). This basically means that adolescents act without thought of consequences. With the inability to think through decisions, adolescents brain development should be severely considered in retrospect to criminal court proceedings.

Conclusion

Certain crimes result in juveniles attending adult criminal court. The state determines which crimes and at what age a juvenile attends criminal court. The debate is whether juveniles should be sent to adult criminal court. Their competency, decision making abilities, and impulsivity suggest that they should not be tried as adults.

References

American Academy of Child & Adolescent Psychiatry (2016). Teen Brain: Behavior, Problem Solving, and Decision Making. Retrieved from https://www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/FFF-Guide/The-Teen-Brain-Behavior-Problem-Solving-and-Decision-Making-095.aspx

Fortunati, F., Morgan, C. A., Temporini, H., Southwick, S., Coric, V., & Feuerstein, S. (2006). Juveniles and competency to stand trial. Psychiatry (Edgmont (PA: Township)), 3(3), 35-38.

Interstate Commission for Juveniles (2021). Age Matrix. Retrieved from https://www.juvenilecompact.org/age-matrix

Johnson, S. B., Blum, R. W., & Giedd, J. N. (2009). Adolescent maturity and the brain: The promise and pitfalls of neuroscience research in adolescent health policy. The Journal of Adolescent Health: Official Publication of the Society for Adolescent Medicine, 45(3), 216-221. https://doi.org/10.1016/j.jadohealth.2009.05.016

Youth Justice Legal Centre (n.d.). Age of Criminal Responsibility. Retrieved from https://yjlc.uk/resources/legal-terms-z/age