Juvenile Offenders In The Court System

Improved Essays
For many years there has been arguments on how to effectively handle juvenile offenders in the court system. Regardless of the approach used, all parties seek to achieve the same outcome: decrease recidivism, improve the juvenile’s lives, and ensure the community is a safe place overall. However, with the public outcry and new laws being adopted, more juvenile delinquents are being bound over into the adult court system and sent to adult institutions. Throughout the years studies that have been conducted have proven sending youth as young as fourteen years-old to adult prisons is not the answer; this action is creating higher recidivism rates, violent youths, as well as a greater chance to be victimized by older inmates and staff. First …show more content…
First, is the automatic transfer law. The automatic transfer is a mandatory transfer to the adult system if certain criteria are met: age, violent felony, and previous criminal record. The second law is referred to as Judicial-discretion, which allows the juvenile judge to make the decision on whether to keep the case in juvenile court or transfer it into the adult courts. Lastly, there is a law referred to as prosecutorial-discretion. Prosecutorial-discretion revolves around the prosecutor deciding on where he would like to file charges. The prosecutor has the choice of indicting the defendant in juvenile or adult courts (Redding 2). With only three options on dealing with juvenile court cases it is easy to see how many kid’s slip through the cracks in the court system and end up in adult facilities. Especially, with the automatic transfer law, which is in over fifty-percent of the states. Unfortunately, the automatic transfer law leaves prosecutors and judges with their hands tied. No matter how they feel, they have no choice but to ship these children into the adult …show more content…
As previously stated, prior to the transfer and sentencing process the overall goal is to find the most appropriate solution to decrease recidivism and increase rehabilitation. Re-creating these young men into productive members of society is a vital objective. However, it is being proven that transferring of minors into the adult system is resulting in the opposite desire. “The Department of Justice has stated that almost two-thirds of released juvenile prisoner’s recidivate with three years of being reintroduced into society” (Tsui 645). The overwhelming statistic sets off alarms nationwide when it comes to youth corrections. Not only is the justice system failing to curb the predicament of preventing the youth from returning to prison, an all-access road down recidivism avenue is being paved. The revolving door does not seem to be closing anytime soon unless immediate action is taken; children in adult prisons is not the

Related Documents

  • Great Essays

    An estimated 250,000 youth are tried, sentenced, or incarcerated every year across the United States (campaign for youth justice). There is large controversy regarding whether or not children and young adults should be required to be sentenced as adults, regardless of their age and circumstance. This is believed to be the most logical way of approaching this matter because every case should undergo the same consequences despite the criminal’s circumstances. An opposing view would argue that it is necessary to take into consideration the situation of each criminal case before deciding on the punishment. They would also claim that children specifically, should be given another chance due to their lack of maturity.…

    • 1774 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    A young offender who serves their time and is then released back into society is far less likely to offend again when compared to a juvenile who has spend their entire young adult life in an adult facility (Reaves, 2001). If a juvenile is rehabilitated and becomes a contributing member of society, money is saved but more importantly a life is…

    • 1000 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The governor of Connecticut recently proposed raising the age of juvenile jurisdiction to twenty-one as a way of keeping young offenders out of incarceration. In the ensuing debates on whether this is a good idea or not, experts also disputed the appropriate cut off age for juvenile court. Carmen Daugherty, in her article “No One Younger Than 18 Should Be Tried as an Adult,” suggests eighteen as the age limit. She attempts to persuade readers that the practice of trying, sentencing, and incarcerating youth under eighteen in the adult criminal justice system should be terminated as it fails to meet the needs of adolescents. Daugherty appeals to logos to support her claim.…

    • 413 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Juvenile Transfer Laws Alonza Thomas was a 15 year old teenager with no prior convictions or a record. He decided to run away from home and found himself staying with someone he thought he could trust. Unfortunately, the man he was staying with demanded that Thomas was to rob a gas station to pay him back in return for staying in his house and eating his food. The man supplied Thomas with a loaded gun to rob a gas station.…

    • 1265 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Transferred adolescents are incarcerated at a higher rate than at the juvenile level while being subject to adult like sentencing and or pretrial detention [citation], losing access to resources vital to their overall development. Moreover, transferred adolescents face a higher risk of assault and emotional abuse while being housed in adult facilities [citation]. Automatic transfer laws suggest that rehabilitation can no longer be considered a priority if a minority adolescent and or if the traditional American way of life is at…

    • 525 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Juveniles sentenced to time in adult prisons have to encounter adults much older than them on a daily basis. Youth who are incarcerated in adult facilities are more likely to suffer from abuse from other inmates than those housed in juvenile facilities. This abuse can cause the juvenile to become emotionally and mentally ill. Juveniles who are held in adult prisons are eight times more likely to commit suicide, five times more likely to be sexually assaulted, two times more likely to be beaten by staff and fifty percent more likely to be assaulted with a weapon (Should Juveniles Be Tried as Adults? 15). Trying juveniles as adults subjects them to harsh conditions which they are not emotionally ready for.…

    • 1747 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Michon, mentions that when a juvenile commits a serious crime, or has been in trouble before judges use a waiver(n.p.). Waivers are what judges use to send juvenile offenders to adult court(n.p.). Sending juvenile offenders to adult court is said to be more constitutional, but juveniles get a more serious offense(n.p.). Michon, indicates that many people all over the country believe that juvenile crime is on the rise; and those same people are trying to lower the age limit to go to adult court(n.p.). For certain crimes, such as murder, sexual assault, drugs, and ect.…

    • 193 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The Criminal Justice Model

    • 1005 Words
    • 4 Pages

    Online Class Paper In 2010 the U.S Supreme Court ruled juvenile life sentences are illegal for crimes less than murder. More than 2,500 inmates are sentence to life as children, 128 have a chance to obtain release. Kenneth Young is trying to reduce his sentence for a mistake he made when he was fifteen years old. On Saturday July 1st, 2000 Kenneth Young committed an armed robbery with twenty-four year old Jacques Bethea.…

    • 1005 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Juvenile Recidivism

    • 1707 Words
    • 7 Pages

    The research gathered through professional interviews reflected that the act of incarcerating youth facilitates increased rates of recidivism. The six professional subjects interviewed for the purpose of this research commonly agreed on the notion that the youth more likely to be charged and incarcerated belong to underprivileged backgrounds, or have some sort of on going mental illness that has not been addressed. Most don’t have a proper support structure that ensures proper brain development and growth. Whilst living in economically poor neighborhoods, where the perception of criminal activity is already presumed high, many of these children build criminal affiliations. As Public Defenders serve the indigent communities, I was able…

    • 1707 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Overcrowded Adult Prisons

    • 208 Words
    • 1 Pages

    Across the globe correction facilities are overcrowded with adult offenders who account for the majority of criminal activities. Some of these individuals could probably benefit from restorative justice programs, however, community-based corrections will be the best solution for critically overcrowded adult jails and prisons. These institutions at some point will have no choice but to release nonviolent offenders on probation and parole. This is why restorative programs are put in place structured for reducing juvenile recidivism keeping them out of the adult prison population. Juveniles are still growing and have a chance in life if they were guided down the right path, however, in today’s society there are so many youth who are dealing with…

    • 208 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    However, community corrections programs have often failed to reduce prison populations. The juvenile court 's work is very difficult and involves some of the most emotion-laden and controversial issues in our society. As such, its decisions often find disagreement. The extent to which the court 's discretionary authority in individual cases should be expanded or restrained continues to be debated for all types of cases before the court , because these courts make decisions regarding so…

    • 719 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Juvenile detention is seen by many as a deterrence to a future criminalistic lifestyle. Striving for this goal costs our country nearly 6 billion dollars per year to fund (Aizer,…

    • 1911 Words
    • 8 Pages
    Improved Essays
  • Superior Essays

    Should juveniles be jailed for life? The young juvenile defendant wearing a tattered bright orange jumpsuit was glumly staring at his greasy sweaty hands. Beside him, his suave and professional lawyer was repetitively clicking his pen in nervousness. The judge was about to give the verdict.…

    • 1526 Words
    • 7 Pages
    Superior Essays
  • Decent Essays

    This particular reference differs in the fact that, it basis its research and analysis on the aspect of asking if juvenile offenders are even aware of transfer laws. Juvenile offenders are asked if they believe that these laws will be applied towards them and if, being aware of these types of laws have any effects on criminal behavior. I found this reference beneficial to my initial response because, it explains the differences between general and specific deference. This reference also applies several study results from applied research findings over the effects of deterrence on both the juvenile and public safety.…

    • 100 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    Juveniles should not be tried as adults for it is wrong to hold adolescents, under the legal age, to adult standards. If children do not even receive the same rights as adults in the first place, it makes no sense to try them in adult court. These juveniles should have the opportunity to be rehabilitated in a positive manner, for they tend to come from troubled households and violent neighborhoods. In over half of the cases these troubled kids don’t know any different way than a life of crime when surrounded by both social and environmental factors that influence their delinquent actions. One must commemorate that juveniles are mentally underdeveloped, and still have time to innovate if their issues are dealt with precisely and accurately.…

    • 1310 Words
    • 5 Pages
    Superior Essays