Childish Sentencing
In our society, children are not permitted to drive, see R-rated movies, or even go on school field trips without parental permission, yet they are being tried as adult criminals in criminal court. In the American criminal justice system, juvenile offenders are being tried as adults for different types of crimes. Juvenile criminals who are tried as adults face a future in adult prisons, which have no rehabilitation services to offer. Sentencing juveniles as adults creates a near endless cycle of crime. Because children are young and cannot be held accountable for their actions, they must be tried in a juvenile court system, rather than an adult system.
In both social and mental terms, children and teenagers are not as developed as adults. Due to this underdevelopment, juveniles are not able to think decision through completely; nor are they always able to deal with situations in a mature and reasonable way. Debra Miller, principal of a school for juvenile offenders, said, “For the youngest offenders, education and programs that promote cognitive development are crucial to change criminal behavior.” MRI tests have shown that the juvenile brain does indeed anatomically differ from the adult brain:
Brain researchers, using MRI technology, have found the frontal lobe of the brain, which controls planning, impulsiveness and the ability to anticipate consequences and react accordingly, doesn't fully develop until the early 20s. That means kids may be less capable than adults of appreciating consequences and weighing options, and may rely more on the emotional parts of the brain when making decisions. (Villa)
Despite these statistics, 47 states, along with Washington, D.C., have passed laws making it easier to send juveniles to adult prison (McCormick). In states such as Arizona, a law referred to as Proposition 102 has sent more than 1300 juveniles to adult prison (Villa). It is common knowledge that as children age, they mature, in more than more aspects; therefore, juveniles will eventually grow out of their impulsive, quick-to-think ways. It is senseless to punish juveniles with such an intense sentence if they will change their ways with time.
The juvenile and adult court systems are separate for multiple reasons. Again, adults and children are different in many ways; therefore, they should not be treated the same. The juvenile court system offers rehabilitation programs for children and teenagers who commit crimes. If juveniles are tried and sentenced as adults, they will not have access to these helpful programs. Additionally, while juveniles are in adult prisons, they are surrounded by adult murderers, rapists, thieves, and other types of criminals. When one thinks of a child, they usually think of playing games, being carefree, and having fun; however, in the adult prison system, criminals, including juveniles, live locked away from the world in cells. “They grow up in cages in a culture of violence and racial segregation and can be isolated in lockdown 23 hours a day for months at a time. Anti-social behaviors become their norm” (Villa). Juveniles do not have the chance to develop the core values that are necessary in living a life outside of prison walls. “These teenagers have gone into an overcrowded and underfunded prison system that has largely overlooked their unique needs” (Villa). Thirty percent of juveniles who were released from adult prison reverted back to crime, compared to the nineteen percent of juveniles who were released from juvenile prison (Villa). The legal definition of an adult and of a juvenile is different in every state; therefore, children of similar criminal backgrounds are being tried differently throughout the United States:
But for Florida's fight against teen crime, the studies carry significance. Each of them matched children in the two systems--adult court and juvenile court--by their current charges, prior records and key demographics: in other words, similar youngsters, charged with similar crimes and with similar criminal pasts, routed to different systems. (Greene and Geoff)
Rehabilitation programs are essential in helping juveniles turn their lives around. The juveniles who had these programs available to them were tried as juveniles. Trying juveniles as adults makes these programs unavailable to them. Adult prisons do not offer these programs, as adult prisons were created for adults, not juveniles. Despite the importance of these programs, many are underfunded and overlooked in several states. They are of no use if the state is not supporting them, as well as making them known to juvenile offenders. “The Department of Juvenile Justice's proposed budget cuts millions for early prevention programs targeting at-risk youths across Florida” (Greene and Geoff). Juvenile criminal prevention programs are obviously helpful, yet states are cutting their funding out the budget. “Cuts would hit truancy reduction and gang prevention programs, juvenile camps and after-school education programs, along with day treatment and therapy centers” (Greene and Geoff). Despite the fact that juveniles only make up about 0.5 percent of the total prison population, their futures remain important (Villa). Rehabilitation programs are of great assistance to juveniles. Juvenile offenders, through criminal prevention programs, receive training in the fields of electrical, plumbing, and sanitation (Villa). State governments must support and fund these programs in order for them to reach their full potential in helping juvenile offenders.
One may argue that if anyone, regardless of age, committed a serious crime (such as murder, rape, and so forth), they should be tried as adults. A criminal is a criminal, no matter the age; therefore, they should all be in prison together. However, the circumstances concerning one’s social, personal, and family life differ among every juvenile offender. Because of their age, juveniles are affected by many outside influences. They are not as mature as adults, and can therefore not be held fully for their actions. There is an old saying which states “don’t do the crime if you can’t do the time.” Yes, one should think before acting; however, juveniles are not completely capable of doing exactly this.
Many people believe rehabilitation programs should not be funded and made available to juveniles, as they are beyond help. However, everyone, including criminals of all types, deserves a second chance. One may also believe that juveniles who commit serious crimes should be punished to the fullest extent, with no chance of rehabilitation. As mentioned before, statistics have shown that juveniles who took part in rehabilitation programs were more prepared for life ahead; a large amount of them did not return to prison. These programs are proven to help juvenile offenders; they should be made available to them. Rehabilitation programs are necessary in putting juveniles back on the right track, as everyone deserves a chance to better their lives and themselves.
It is clear that juveniles should not be tried as adults, for more than one reason. Rehabilitation programs are not available in adult prison. While in adult prison, juveniles are not developing the principles needed to succeed outside of prison. Adults are to be tried in the adult court system, while juveniles are to be tried in the juvenile court system. To conclude, juveniles are socially and mentally underdeveloped; therefore, they cannot be tried as adults and sentenced to serve time in the adult prison system.
Works Cited
Greene, Ronnie, and Geoff Dougherty. "Kids in Prison: Tried As Adults, They Find Trouble Instead..." Miami Herald (Miami, FL). 18 Mar 2001: 1A+. SIRS Researcher. Web. 04 Oct 2010.
McCormick, Patrick T. "Fit to Be Tried? Legislators have been making it easier to punish juveniles as adults." America 11 Feb. 2002: 15. Gale Student Resources In Context. Web. 4 Oct. 2010.
Villa, Judi. "Adult Prisons Harden Teens." Arizona Republic (Phoenix, AZ). Nov. 14 2004: A1+. SIRS Researcher. Web. 04 Oct 2010.
It sure was a lot of work!
