TRYING CHILDREN AS ADULTS.   Term Paper ID:23149 Click to get this paper

Essay Subject: Social, legal & moral conflict over treatment of children charged with serious crimes. Examples, penalties, juvenile system, history, statistics, accountability.... More...

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Paper Abstract: Social, legal & moral conflict over treatment of children charged with serious crimes. Examples, penalties, juvenile system, history, statistics, accountability. Paper Introduction: This paper is a discussion of the issue of trying children as adults. Recent reports issued by the Justice Department have shown an alarming rise in juvenile crime, while the headlines have spotlighted particularly heinous acts performed by very young children. From the kidnapping and brutal murder of 2-year-old James Bulger by two 10-year-old boys in Liverpool in 1993 to the beating of a month-old infant by a 6-year-old boy in Contra County, California, in 1996, violent acts committed by very young children have severely tested the ability of the criminal justice system to establish impartial guidelines for dealing with young criminals. Historically, juveniles have always presented a difficult problem for the courts, which must determine whether there exists an arbitrary age at which a child can be held responsible for his actions and whether age alone should be the Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. P. A family torn fromwithin. Ewing (199 ) observes, "In moststates, juveniles under the age of seven are automatically presumed notresponsible for their criminal acts, including homicide. Kids who kill. California recently joined a number of other states in passing a lawrequiring juveniles charged with murder to be tried as adults if they areat least 14 years old. Four youths convicted of murdering boy,16. Intensepublic pressure led to his pardon after serving one year of his sentence. Pols, M. The 12-year-old isincarcerated in a state juvenile penitentiary, making him the youngestinmate in the United States to be sent to a high-security facility. When 5-year-old Eric Morse was thrown out of a window inChicago in 1995 for refusing to steal candy for two older boys, hismurderers, ages 12 and 13, were convicted of the maximum penalty allowedwithin the juvenile justice system in Illinois: juvenile prison until theyreach the age of 21, a maximum of nine years. Under existinglaws, he was sentenced to the maximum penalty allowed: five years' custodyby the New York state Division for Youth. A23. (1996, May 29). Juvenile justice in double jeopardy: Thedistanced community and vengeful retribution. New YorkTimes, p. Thus, childrensix years old and younger who kill may not be prosecuted at all, even asjuveniles" (p. 137). A1, A11. The father of the infant (who suffered severe, permanent braindamage) who was attacked in Contra County said of his son's assailant,"What that boy needs now is love and lots of attention" (quoted by Curtius,1996, June 7, p. Oneof the best-known such cases involved 16-year-old Richard Jahnke, convictedof first-degree murder for shooting his physically abusive father. Polier, J. British law allows them to beheld indefinitely "at her majesty's pleasure." On June 6, 1996, a 6-year-old boy believed to have been the youngestperson ever charged with attempted murder in the United States had thecharges reduced to assault with intent to injure in Martinez, California.The boy was accused of the brutal beating of a month-old infant during theburglary of a neighbor's apartment. (1992, October 26). Charles Patrick Ewing (199 ) writes, "The stakes are high whena court decides whether a juvenile murder defendant will be tried as ajuvenile or as an adult. This paper is a discussion of the issue of trying children as adults. 151). The jury deliberated 1 and a halfhours before returning a verdict of guilty on the charge of second-degreemurder. References Curtius, M. In 1978, the criminal record of one teenager inspired the New Yorkstate Legislature to pass the Juvenile Offender Law. Yet the courts arecurrently wrestling with the Contra County case; its outcome may setimportant precedents for criminal charges against very young offenders. One of the most shocking crimes in recent history occurred onFebruary 12, 1993, in Liverpool, England. His compassion echoes the views of one side in thedebate. Prior to 1899, young criminals weredivided into two classes under the law. Thelist illustrates the complexity of the problem, since it ranges from thecriminally related (killings connected with robberies, gang killings,thrill killings) to those related to child abuse and family stresses. Ewing, C. In the United States, juvenile offenders often benefit from courtconsideration of their youth in deciding on the severity of theirtreatment. 46-51.----------------------- 1 Boy's charges reduced in baby'sbeating. Sentenced to nine years to life, Smith will be kept underpsychiatric care as a juvenile until he turns 21, at which time he willcontinue his sentence in an adult prison. Recent reports issued by the Justice Department have shown an alarmingrise in juvenile crime, while the headlines have spotlighted particularlyheinous acts performed by very young children. Ewing (199 ) writes, "Today every jurisdiction in the United Statesallows at least some juveniles to be prosecuted as adults and, ifconvicted, punished as adult criminals" (p. Humes contends that the question shouldnot be whether or not to deal with more juvenile offenders as adults butinstead how to reduce the number of juvenile offenders in the first place,through social programs that reach youngsters before they become hardened,experienced criminals. Arrest rates for ages 1 to17 for violent crimes jumped 1 percent between 1983 and 1992, and thenumber of teenagers in the population is expected to increase 2 percentover the next decade. Time, pp. A new law in Oregon holds parents responsible for the actions ofchildren under age 15; a city ordinance in Silverton, Oregon, raises theage to 18. Violent children: A reference handbook.Santa Barbara: ABC-CLIO. on offenders before they become the'predators' we so fear" (p. 159). Edward Humes (1996, May 29) agrees: "Our national fixation withmeting out adult punishments to young criminals has blinded us to theunderlying crisis - the juvenile justice system's shocking inability toimpose meaningful penalties . (1996, May 29). Polier (1989)argues, "Greater justice for youth cannot be separated from America'spolicies that affect all youths in this country" (p. A23). (199 ). W. Thefather of a boy stabbed by four youths, who were tried as adults in 1996and convicted of first-degree murder, expressed his feelings on theverdict, "We don't celebrate the misfortune of others. Los Angeles Times, pp. Ewing (199 ) outlines some of the reasons that children kill. Los Angeles Times, pp. The Orange County deputy district attorney who is pressing foradult consideration "said Danny's quiet past and comfortable upbringingshould be no insulation against charges that have been used against streetthugs. Kinnear, K. A3, A23). The first institution providing separate facilities fordelinquents was set up in Cleveland in 1932. Ewing (199 ) notes, "While it is rarely imposed and even more rarelycarried out, the death penalty remains a legal option for punishingjuveniles who kill" (p. Until 1967, when the Supreme Court ruled on a particularly egregiouscase, juvenile courts did not routinely follow due process. Convicted forkilling a state trooper, Prejean had murdered a taxi driver when he wasjust 14 and served little more than two years for his crime. . Five justices of the Supreme Court ruled in1988 that execution of an individual who was under the age of 16 at thetime of the commission of a crime, however violent, constitutes cruel andunusual punishment and is therefore proscribed by the Eighth Amendment. (1995). 155). The bill passed the Senate but not the House. Mary Curtius (1996, June 7) writes, "The criminaljustice system generally assumes that anyone under 12 is not capable ofunderstanding the consequences of his acts, and it is rare for anyone underthat age to be prosecuted for crimes" (pp. Yet the 12-year-old girl who fatally stabbed a 13-year-old classmate to death in front of her school in Rochester, New York,in the fall of 1995, was charged only with juvenile delinquency. Judge Justine Wise Polier (1989), a veteran of the juvenile justicesystem in America, observes, "Born of generous impulses, justice for youthwas flawed from the outset" (p. Between the ages of 9and 15, Willie Boskett committed more than 2, crimes, culminating in aneight-day spree of robbery and the murder of two people. Los Angeles Times, p. A3. In the summer of1985, a bill introduced into the Illinois legislature attempted to reducefrom 13 to 1 the age at which a juvenile murder suspect could be tried asan adult. Generally a youth tried in juvenile court faces arather limited punishment if found guilty" (p. (1989). From the kidnapping andbrutal murder of 2-year-old James Bulger by two 1 -year-old boys inLiverpool in 1993 to the beating of a month-old infant by a 6-year-old boyin Contra County, California, in 1996, violent acts committed by very youngchildren have severely tested the ability of the criminal justice system toestablish impartial guidelines for dealing with young criminals.Historically, juveniles have always presented a difficult problem for thecourts, which must determine whether there exists an arbitrary age at whicha child can be held responsible for his actions and whether age aloneshould be the determining factor in sentencing. 51). Yet, even within the juvenile justice system, penalties can varywidely. A San Antonio juvenile court jury took fivedays late in 1995 to decide on her sentence: 14 years in custody of theTexas Youth Commission. A23). Numerous examples illustrate the wide range of penalties the courtshave meted out across the country in their attempts to deal with violentjuvenile crime. 'I feel very strongly about treating people the same'" (Olivo,1996, May 29, p. (1996, June 7). L. Tough justice for juveniles. The effectiveness of such legislation, along with proposedcurfews designed to keep juveniles off the streets after certain hours atnight and "boot camp" style programs for first offenders, is questioned byexperts. A3, A23. Children below the age of 7 couldnot be tried at all, since the law considered them incapable of criminalthoughts or activities. Traver, N. F. 138). By contrast, 13-year-old Eric Smith, convicted of murdering a 4-year-old in 1995, was tried as an adult. The new legislation allowedjuveniles as young as 13 to be tried as adults for the commission ofcertain violent crimes. Victoria Dalton, 13, was convicted of murder for smothering twoyoung children in her care. . But justice isjustice" (quoted by Pols, 1996, May 29, p. As authorities established juvenile facilities, they didnot distinguish at first between delinquents and other children requiringoutside care. A3). 163). Between the ages of 7 and 14, the law believedthat children could differentiate between right and wrong and couldtherefore be tried for certain criminal behaviors at the discretion of thecourts. Humes, E. In September 1995 the Justice Department issued a report concludingthat, if current trends continue, the number of juvenile arrests forviolent crimes will double by the year 2 1 . In 1899, Illinois became the first state to establish a juvenilecourt to judge the criminal behavior of children separately, but not untilabout 1915 did a movement begin to remove children convicted of crimes fromadult prisons. Ina ruling the following year, however, the court let the death sentences ofa 16- and 17-year-old stand, "because the justices believe that there is nogeneral agreement by society that it is wrong to execute these or otherjuveniles under the age of 18 who commit heinous crimes" (Kinnear, 1995, p.76). The following year, 17-year-old Dalton Prejean became the firstjuvenile to die in the electric chair after this ruling. Children without pity. Hillsdale, NJ: LaurenceErlbaum Associates. Nevertheless, these proposals, and others like them, demonstratethe increasing scrutiny with which society is considering the growingproblems of juvenile crime. The court considered him too young tohelp in his own defense, and a psychiatric evaluation ruled him unable tounderstand the consequences of his acts. A11). Lexington, MA: LexingtonBooks. Children couldbe arrested, tried, and convicted without being allowed time or resourcesto mount a proper defense, confront accusers, examine evidence, or availthemselves of the other protections routine in an adult court. Nevertheless, itreflected growing public concern over the need to provide suitablepunishment for serious crimes, regardless of the age of the offender. Two 1 -year-old boys abducted 2-year-old James Bulger in a shopping mall, dragged him to a secluded spot,beat him to death with bricks and a steel pole, then laid his body across arailroad track, where it was sliced in half by a passing train. Children legally became adults at age 14 and could then be treatedas adult criminals. Foundguilty of abduction and murder, the underage offenders are detained atseparate facilities for dangerous children. He points out that fourfactors are usually required: the crime must be serious (most oftenmurder), the juveniles must be at least teenagers, they must be considereddangerous, and they must be considered not amenable to rehabilitation.When these factors are present in four states, juveniles who are 16 andolder are automatically tried as adults; in 1 states this occurs at age17, and in all others (including the District of Columbia) violentjuveniles are automatically tried as adults at age 18. (1996, May 29). Studies have shown that up to 7 percent of the children injuvenile court are from single-parent home, with a disproportionately highnumber of minority offenders represented in the system. Conceived as a way of dealing with violence byyoung gang members, one of the first 14-year-olds to be considered as anadult is a middle-class Little Leaguer from Yorba Linda, Danny Connolly,who had no previous record before he shot his mother after a familyargument. TheJuvenile Justice and Delinquency Prevention Act of 1974 consolidatedprevious laws concerning juveniles, institutionalizing and formalizing thejuvenile justice system. One of the more troubling issues surrounding juvenile justice is thedisagreement on the youngest age at which a child can be held accountablefor his actions, even to some degree. Attorney General Janet Reno noted her shock that themurder rate in 14- to 17-year-olds rose 165 percent in the last 1 years.Nancy Traver (1992, October 26) observes the dramatic "increase in savage,senseless murders, the kind that occur over a scuffle in a schoolplayground, a pair of sneakers, a romance gone sour" (p. Olivo, A., & Ellingwood, K. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.