Over time, most courts have taken the position that the juvenile record of a defendant can be taken into consideration by a judge when considering an appropriate sentence for a now adult offence. As such, this case is groundbreaking in the way that juvenile records are considered in court proceedings (People,…
In the “State of Oregon v. Kipland Philip Kinkel,” the defendant is appealing his sentence of 111 years and eight months. The defendant was charged and pled guilty to four counts of murder and twenty-six attempted counts of murder, in 1998. During the sentence hearing, the defendant claimed that his actions were caused by a mental disease, and that this…
Sane Enough to Die Imagine a state of paranoia so great that it starts to seem as if one’s own thoughts are not their own, or auditory and visual hallucinations that continuously speak of the inferiority of the masses, creating an intense sense of superiority in oneself. Such experiences are just a few of the possible symptoms of schizophrenia, a fairly well recognized psychological disorder present in today’s society. Psychological disorders are an incredibly real issue in the modern world that do not receive nearly enough consideration and understanding. It is this issue of mental illness that creates much controversy and indecisiveness in establishing legal guidelines for determining mental competence in the eyes of the law. Specifically, the Supreme Court case of Ford versus (v) Wainwright attempted to establish the constitutionality of executing someone deemed psychologically unfit after the trial process, as well as adequate procedures for doing so.…
The news Headlines today are blowing up with the craziest stories “Boy Charged with killing 8-year old girl over the argument about puppies” (ABC news). Kids are being convicted of murder and tried as adults but they are juveniles so the question is “What is the fine line between intentional and unintentional killing?” The difference between being tried as adult and being tried as a juvenile? How does the justice system treat those with mental disorders? In Just Mercy, written by Bryan Stevenson there were many cases of children committing crimes that involve murder and are sent to death row, or imprisonment without parole.…
Children committing heinous crimes are not a rare occurrence anymore; the upsetting reality requires new tactics for dealing with young juveniles. Some Americans believe children should be tried as adults, yet others feel that they are too young to understand their wrong doings. In most conditions minors are quickly told they are too young or too old for something, however before being sent to an adult facility we need to contemplate all aspects of the case in order to decided whether or not being tried as an adult is necessary. Regardless of the crime, some people feel that an adult facility is not a suitable environment for children to serve their sentences.…
In the modern legal system, most jurisdictions view a person as an adult at 18 years of age. Until a person reaches this age, they are less likely to receive the full extent of a jurisdiction’s legal system. At certain parts in a child’s life, age can be used as a valid defense. If a person is under 7 years of age, they will not be charged in most jurisdictions. From the age of 7 to the age of responsibility, which is usually recognized as 16 but varies by jurisdiction, an offender can be tried in the juvenile system (criminal Law Today).…
While the “criminal is a child” approach to the juvenile justice system is appealing due to its forgiving nature and emphasis on rehabilitation rather than punishment, there are some cases in which this decision is not so cut-and-dry. One of these instances of a legal “gray area” is the case of Marin Sinzer, who was charged for the murder of Tammy Shevin, 25 years after the crime was committed. The now 38 year old is petitioning to be tried as a juvenile, since he was only 13 at the time of the crime, a year younger than the waiver age at the time. While many proponents of the “criminal is a child” approach take that stance because of the physical and psychological dangers posed to juveniles who are placed in adult prisons, in this unique…
Statements of Interest The misconception of many is to assume that psychopathy and sociopathy are the same disorders. While they are very similar there are key characteristics which make them different. These mental disorders are classified differently in the DSM-5 “The diagnostic and statistical manual of mental disorders” in addition to that both are under the subgroup of antisocial personality disorder.…
Cesare Beccaria and Jeremy Bentham were the founders of the classical theory phenomenon (Piliavin, 1986). The concept was based on several principles, which entailed three main ideologies; free will, where actions are based on one’s own rationality (Burke 2014), more so punishment should apply to the crime as opposed to the criminal, as the theorists believed that a certainty in punishment would deter both the public and criminal (Akers 1999). The perspective adopted throughout will focus on the theories inability to justify the actions of violent homicide offenders, such as Jeffrey Dahmer, and how the high recidivism rates fail to support specific deterrence, even when making the punishment fit the crime. Free will assumes that all individuals…
There are always individuals whom do not believe that juveniles should be tried as adults. In an experiment with mock jurors, “younger defendants were perceived as less accountable and less competent” (Semple and Woody 302). Also in the experiment of Semple and Woody, the defendant’s age did not affect conviction judgements; younger defendants’ were given a shorter sentence than the older defendants’ (302). Even though they see that the person committed the crime they do not want to give the same long term consequences’. Also in Semple and Woody’s study, the severity of the crime was also taking into account for the juvenile offenders (302).…
The transferring of juvenile to an adult court system occurs when a juvenile case has to process in the adult court system due to their criminal charges. With the pressure of the community demands for a juvenile to be recognized and transferred to an adult criminal justice system. In doing so, the juvenile is then considered now as an adult, therefore he will receive the same disciplinary as an adult. The Supreme Court ruled in 2012 the case of Miller v. Alabama that a juvenile who committed a murder will receive their punishment based on their age and other factors. Nevertheless, the Eighth Amendment prohibits states from given a juvenile homicide mandatory life sentence without parole.…
In our criminal justice system, juveniles are treated far differently than adults, but many suffer similar issues. Amongst juvenile offenders, there is an overwhelming number of youths who have a mental illness, making it necessary for actions to be taken to help individuals. In the system, mental illnesses must be identified do crucial services can be provided to provide reoffending. Our juvenile justice system needs to identify the needs and concerns of mental illness, address the types that classify, determine the link of this to juvenile offenders, in order to study if they are being provided adequate services, as well as what needs to be improved and changed for the future.…
The juvenile justice population has a high rate of inmates with mental disorders. In the last few decades, mental illness diagnoses have greatly increased. Many ill youths enter the criminal justice system and are put into juvenile detention centers, the juvenile justice system’s version of jail, due to their disruptive behavior (Holman & Ziedenberg, 2006). Many troubled youth and their families do not have access to local mental facilities, or proper medication to aid them. Poor access to resources can greatly increase tensions, puts strains on families, and even can be physically threatening.…
Socio-Economic Factors Juvenile delinquency causes a disruption in the economic system by the increasing rates of criminal acts. Social scientist and legislators attempt to unveil causes and solutions to this national dilemma United Nations, 2003). Youth that experience educational, financial or poverty go into survival mode to get their needs met. Getting needs met are not by employment but in “street hustling” and ways to make a quick dollar. Role models are limited and unavailable to teach the youth about core values (about education that can lead to a good tax paying job).…
The decision of juveniles being tried as adults in the world of criminal justice has usually been an object of controversy. Some agree that an adolescent who commits a serious crime like murder deserves to be penalized exactly like an adult; while others declare that a minor should not face the same punishment as an adult. However, no matter how severe or appalling a crime may be, juveniles should not be tried as adults; the reason being that everyone should be granted the chance to learn from their mistakes. Juveniles should not be punished as adults, simply because they biologically distinct from adults. Teenagers are the midsection between children and adults.…