One of the main questions yet to be answer thus far is: what are other states and countries doing in their treatment of juveniles, and is it as easy for them to be transferred into criminal court. There are three options among many more that could be more effective then the current direct file policy in Colorado. These options include raising the age of criminal responsibility, reverse waiver and the Judaical waiver.
There is another option besides the above mentioned that would eliminate this problem all together but it would not be accepted. This would be to eliminate transferring juveniles into the adult court system all together. But for those juveniles who have outgrown the juvenile system transferring seams like the logical alternative. Also for those who have committed serious crimes at the age of seventeen and will turn eighteen within six months, might as well be transferred. Also if juveniles could not be tried as adults, they would not take the justice system or crime as seriously as they should.
Why not raise the age of criminal responsibility? In Japan the age of criminal responsibility is twenty, and juveniles are tried in family courts. By increasing the age at which juveniles can take criminal responsibility fewer juveniles would be sentenced to harsher punishments. The united states is pretty unique in its treatment of juveniles. Raising the age juveniles at which juveniles can take criminal responsibility and tried in the adult system would give them more chances to avoid life in prison, and to take advantage of the chances juveniles are given; like rehabilitation and the opportunity to start over.
A policy in Nebraska and other states is the Reverse Waiver. The reverse waiver allows juveniles to petition if they think they were unjustly transferred to the adult court system. Once they are directly filed or transferred into the adult system in Colorado they can not be moved back into the juvenile system. The reverse waiver is a second chance for those juveniles who believe there is no reason for them to be in criminal court. By filing a petition after they are transferred, it gives them the chance to have a transfer hearing. In this hearing it is discussed and argued if the the juvenile should have been transferred or not. The judge is the one who makes the finial decition. If the judge decides the juvenile has no reason to be in the criminal court the juvenile is then transferred back into the juvenile court. Even though the reverse waiver would benefit the juveniles, the disadvantage is that it takes time to both petition and receive a transfer hearing.
Judicial waiver is a process like direct filing that allows juveniles to be transferred in to the criminal court system, but unlike the direct file the Judaical waiver is a harder process. This is because in the Judaical waiver their must be a transfer hearing for every juvenile that is moved into the adult court system. At the transfer hearing the judge listens to both sides and also looks at the seriousness of the crime, the juveniles age, and criminal background as well as his/her mental state. After the judge has examined all of these aspects they then decides if the juvenile should be transferred.This method is a good alternative because cases are looked case by case instead of being directly filed. Every person is unique as well as the reason for committing the crime committed, by not looking at the juveniles case by case, it allows children to be tried as adults when instead they should be in juvenile court.
These three options or four, reverse waiver, raising the age of criminal responsibility and judicial waiver just eliminating transferring as a whole are all good alternatives to direct filing.
Sunday, January 2, 2011
Reflection
Starting these blogs seemed like it would be easy just a weekly paper on a topic of our choice, but it proved to be more of a challenge. Choosing a topic was the easy part, I knew I wanted to do something that involved teenagers but wasn't sure what exactly. I came up with two options; one was how teens are and how they have been percives in society though out history, the second was juveniles being tried in the adult (criminal) court.
This blog is about juveniles in adult courts but my original blog had been how teens were perceived. After about three weeks the topic of how teens were perceived in society started to become a huge challenge in finding research, from credible sources. To be honest after trying for a while and only doing about three blogs I gave up on that topic, and once I was behind it just got that much harder to get caught up.
My teacher Mrs. Wright gave me and some other students with the same problem the option to start over with a fresh topic but less time, which is reasonable considering the blogs should have done. For the new blog (this one) I choose to go with the juveniles in adult court option. It has defiantly been easier to find credible sources and research related this topic. I have learned a lot about how both the juvenile and adult courts work, and why it is that juveniles can be transferred. After reading many articles and gathering research I feel that I have gained a better understanding of why teens can be transferred and also why juveniles courts are important.
Now after learning about the justice systems and why they operate the way that they do, I hope to learn of ways that we can still improve the system. My main concern is teenagers as young as thirteen can automatically be transferred into adult court for certain crimes and because they are in the adult system they can be punished as adults and spend their lives in jail.
Being given a second opportunity to not fail English has taught me not procrastinate and ask for help when needed instead of letting the problem elevate. Juveniles can learn the same if given the chance to rehabilitate and fix their problem, learn how to change for the better, if kept in juvenile courts.
This blog is about juveniles in adult courts but my original blog had been how teens were perceived. After about three weeks the topic of how teens were perceived in society started to become a huge challenge in finding research, from credible sources. To be honest after trying for a while and only doing about three blogs I gave up on that topic, and once I was behind it just got that much harder to get caught up.
My teacher Mrs. Wright gave me and some other students with the same problem the option to start over with a fresh topic but less time, which is reasonable considering the blogs should have done. For the new blog (this one) I choose to go with the juveniles in adult court option. It has defiantly been easier to find credible sources and research related this topic. I have learned a lot about how both the juvenile and adult courts work, and why it is that juveniles can be transferred. After reading many articles and gathering research I feel that I have gained a better understanding of why teens can be transferred and also why juveniles courts are important.
Now after learning about the justice systems and why they operate the way that they do, I hope to learn of ways that we can still improve the system. My main concern is teenagers as young as thirteen can automatically be transferred into adult court for certain crimes and because they are in the adult system they can be punished as adults and spend their lives in jail.
Being given a second opportunity to not fail English has taught me not procrastinate and ask for help when needed instead of letting the problem elevate. Juveniles can learn the same if given the chance to rehabilitate and fix their problem, learn how to change for the better, if kept in juvenile courts.
Deeper Research
Teenagers make bad choices and mistakes all the time right? Isn't that the reason why adults say that they can not be held to the same accountability as adults? There are many varying augments on how the juvenile system should work. Ranging from extremes like children as young as thirteen should be tried in adult court if the crime fits, like first degree murder, or on the opposing side all teens under the age of seventeen should be kept in juvenile court regardless of the crime. Children and teenagers under the age of sixteen should not be tries as adults in criminal court but kept in the juvenile system instead, regardless of their crime.
The adult and juvenile courts are two different worlds, that have two very separate goals. "Rehabilitation and treatment, in addition to community protection are considered to be the primary and viable goals" of the juvenile court. Rehabilitation is not considered a primary goal in the criminal system, instead punishment and public safety are. Criminal court is to show that those who break the law and do not follow it are punished. In juvenile court the youth's history is assessed to meet the specific needs of the child. The juvenile is put on trial but instead face a hearing, where not only are legal factors taken into account but also there social history. While in criminal court the adults are put on a trial which is based mostly on legal facts. Defendants in criminal court have a constitutional right to a jury trail while juveniles do not have the same right in all states.
Also in criminal court a defendant is found innocent or guilty. " The offender is sentenced to a specified period of time which is determined by the severity of the offence, as well as the defendant's criminal history." A juvenile is judges a delinquent rather then guilty. "The deposition (juveniles are given a deposition instead of sentence) is based on the individuals offence history and the severity of the offence, and includes a significant rehabilitation component. The disposition can be for an in specified period of time; the court can send a youth to a certain facility or program until is is determined he is rehabilitated, or until he reaches the age of majority. The deposition may also include a restitution component and can be directed at people the then the offender, for example his parents." Besides the way the two courts sentence the offenders, criminal records and all court proceedings aer open to the public, while limitations are placed on juvenile records and court proceedings can be confidential to protect their privacy "because of the belief that they can be rehabilitated."
Kids can't be held to the same standard as adults, because they are not adults. This is why the juvenile court focus on rehabilitation instead of punishment. Teens have not yet fully developed their brains so there is still a chance to "reprogram" them in a sense. There is a chance that they can be taught "right from wrong" and not repeat the same mistake. Eighteen is the legal age to be tried in adult court.
Should kids receive the same punishment? These are all reasons to consider when deciding if kids should be transferred ans punished as adults. "Adolescents have not yet achieved full development of their brains and are thus less culpable for the crimes they commit. They assert that it is immoral to subject children to adult punishments- it is an ineffective deterrent to the crime an the physiological scars it inflicts will likely lead the juvenile offender back to crime" Teens brains are not developed fully yet so is it okay to treat them as adults when they do not think like them? "Because the brains of juveniles, particularly the frontal lobes, are not fully developed, youths lack the ability to preform critical adult functions, such as plan, anticipate consequences, and control impulses." Scientific studies have determined that human brains undergo continues development up to the age of about twenty-one.
Peoples brains don't stop developing until twenty-one so should the legal age be twenty-one instead of eighteen? Even then why are juveniles still tried as adults in criminal court as young as thirteen! The differences between juvenile and adult court make it two different worlds, juveniles can't be held to the same standard and should not be punished as adults. For these reasons juveniles sixteen and under should be kept in juveniles court regardless of the crime commited.
souces: http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/juvvsadult.html
http://socialissues.wiseto.com/Articles/FO3020630074/
http://www.ojjdp.gov/
The adult and juvenile courts are two different worlds, that have two very separate goals. "Rehabilitation and treatment, in addition to community protection are considered to be the primary and viable goals" of the juvenile court. Rehabilitation is not considered a primary goal in the criminal system, instead punishment and public safety are. Criminal court is to show that those who break the law and do not follow it are punished. In juvenile court the youth's history is assessed to meet the specific needs of the child. The juvenile is put on trial but instead face a hearing, where not only are legal factors taken into account but also there social history. While in criminal court the adults are put on a trial which is based mostly on legal facts. Defendants in criminal court have a constitutional right to a jury trail while juveniles do not have the same right in all states.
Also in criminal court a defendant is found innocent or guilty. " The offender is sentenced to a specified period of time which is determined by the severity of the offence, as well as the defendant's criminal history." A juvenile is judges a delinquent rather then guilty. "The deposition (juveniles are given a deposition instead of sentence) is based on the individuals offence history and the severity of the offence, and includes a significant rehabilitation component. The disposition can be for an in specified period of time; the court can send a youth to a certain facility or program until is is determined he is rehabilitated, or until he reaches the age of majority. The deposition may also include a restitution component and can be directed at people the then the offender, for example his parents." Besides the way the two courts sentence the offenders, criminal records and all court proceedings aer open to the public, while limitations are placed on juvenile records and court proceedings can be confidential to protect their privacy "because of the belief that they can be rehabilitated."
Kids can't be held to the same standard as adults, because they are not adults. This is why the juvenile court focus on rehabilitation instead of punishment. Teens have not yet fully developed their brains so there is still a chance to "reprogram" them in a sense. There is a chance that they can be taught "right from wrong" and not repeat the same mistake. Eighteen is the legal age to be tried in adult court.
Should kids receive the same punishment? These are all reasons to consider when deciding if kids should be transferred ans punished as adults. "Adolescents have not yet achieved full development of their brains and are thus less culpable for the crimes they commit. They assert that it is immoral to subject children to adult punishments- it is an ineffective deterrent to the crime an the physiological scars it inflicts will likely lead the juvenile offender back to crime" Teens brains are not developed fully yet so is it okay to treat them as adults when they do not think like them? "Because the brains of juveniles, particularly the frontal lobes, are not fully developed, youths lack the ability to preform critical adult functions, such as plan, anticipate consequences, and control impulses." Scientific studies have determined that human brains undergo continues development up to the age of about twenty-one.
Peoples brains don't stop developing until twenty-one so should the legal age be twenty-one instead of eighteen? Even then why are juveniles still tried as adults in criminal court as young as thirteen! The differences between juvenile and adult court make it two different worlds, juveniles can't be held to the same standard and should not be punished as adults. For these reasons juveniles sixteen and under should be kept in juveniles court regardless of the crime commited.
souces: http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/juvvsadult.html
http://socialissues.wiseto.com/Articles/FO3020630074/
http://www.ojjdp.gov/
Survey Results
After learning into some of the basics of how the treatment of juveniles has changed over time, and why it is that they can be transferred into adult court, my curiosity only grew larger. Deciding whether the juvenile and adult court systems were fair was a hard choice so I asked others. My question was, "For certain crimes, like first degree murder, should teenagers (ages 13-17) be transferred into adult court regardless of their age instead of staying in juvenile court?" I asked this question because I wanted to see what other peoples opinions on how juveniles should be treated in the court systems.
The options for the survey were a) yes b)no c) should be done case by case d) only if they are already seventeen. I'm wasn't sure what to expect, except that no one would say yes. Ten people took the survey three were adults and seven were high school students more specifically seven female basketball players.
The results for the poll were two for yes regardless of their age they should be transferred, three no, never, and five for the cases should be looked at case by case. There were no votes for the teens being transferred only if they are already seventeen. I think most people voted for case by case because in the end every case is different and each teen makes their own choices based on different circumstances, but they want it to be fair. Some teens might deserve to go to jail because they've already been given to many chances, while others really did make a mistake, or in some cases turned themselves in.
I think the main thing that influenced the way people voted was they don't want to see kids waste away in jail if they don't have to. Kids make mistakes they deserve another chance to learn right from wrong, they are not adults. The biggest surprise was the two votes that regardless of their age they should go to adult court if the crime fits. I know that sometimes the best way to get to kids is to punish them but to take away their freedom, their chance at life, is that really necessary?
After having done some research and seeing the results to the survey I'm still left with other questions. I want to further research what other options are for teens who are transferred and tried as adults and if they do have to be sent to adult jails at such young ages. Also I'm curious as to what other states and countries do as well, is it also as easy to transfer teenagers? Do other countries even have juvenile courts or allow children to be tried as adults?
The options for the survey were a) yes b)no c) should be done case by case d) only if they are already seventeen. I'm wasn't sure what to expect, except that no one would say yes. Ten people took the survey three were adults and seven were high school students more specifically seven female basketball players.
The results for the poll were two for yes regardless of their age they should be transferred, three no, never, and five for the cases should be looked at case by case. There were no votes for the teens being transferred only if they are already seventeen. I think most people voted for case by case because in the end every case is different and each teen makes their own choices based on different circumstances, but they want it to be fair. Some teens might deserve to go to jail because they've already been given to many chances, while others really did make a mistake, or in some cases turned themselves in.
I think the main thing that influenced the way people voted was they don't want to see kids waste away in jail if they don't have to. Kids make mistakes they deserve another chance to learn right from wrong, they are not adults. The biggest surprise was the two votes that regardless of their age they should go to adult court if the crime fits. I know that sometimes the best way to get to kids is to punish them but to take away their freedom, their chance at life, is that really necessary?
After having done some research and seeing the results to the survey I'm still left with other questions. I want to further research what other options are for teens who are transferred and tried as adults and if they do have to be sent to adult jails at such young ages. Also I'm curious as to what other states and countries do as well, is it also as easy to transfer teenagers? Do other countries even have juvenile courts or allow children to be tried as adults?
Analyzing Website
One of the many websites dedicated to juvenile justice and also one of my main sources is Office of Juvenile Justice and Delinquency Prevention or OJJDP for short and is found at http://www.ojjdp.gov/. "OJJDP provides national leadership, coordination and resources to respond to prevent juvenile delinquency and victimization. The organization supports states and communities in their efforts to develop and implement effective and coordinated prevention and intervention programs and to improve the juvenile justice system so that it protects the public safety, holds offenders accountable, and provides treatment and rehabilitative services tailored to the needs of juveniles and their families."
This site was created by the U.S. Department of Justice and is reliable because it is a government run source. It was updated last in December 2010 so its up to date. This site is both credible and trustworthy. There is no apparent bias to this site, it gives a lot of information on all side of the juvenile court system and how it works, what happens if a child is moved into the adult system, as well as rehabilitation options if kept in the juvenile court.
The site is also both accurate and effective. The information is updated monthly if not more an keeps up with current events in many aspects of the treatment of juveniles in the court systems. From other research the information on this site correspond with that of other sources as well. It is layed out in a way that is easy to navigate and find information. The site even has publications link where you can type in what it is your searching for that then lists articles and more related to your search within the site. It is also well written and visually appealing.
People will defiantly learn from accessing this site. Information includes statistics, events, tools, news, programs and much more. These topics are explained and supported well by graphs and other credible sources. The main goal of the site is to potentially prevent young adults and children from getting involved in problems like gangs, alcoholism and drug addictions that play a major role in why juvenile crimes are committed. To stop the problem before it starts if there are less serious crimes and bad choices made less teens will be tried as adults. This site is effective in doing so by listing programs, providing important information, ways to prevent trouble as well as contact information, for both teens and parents.
This site was created by the U.S. Department of Justice and is reliable because it is a government run source. It was updated last in December 2010 so its up to date. This site is both credible and trustworthy. There is no apparent bias to this site, it gives a lot of information on all side of the juvenile court system and how it works, what happens if a child is moved into the adult system, as well as rehabilitation options if kept in the juvenile court.
The site is also both accurate and effective. The information is updated monthly if not more an keeps up with current events in many aspects of the treatment of juveniles in the court systems. From other research the information on this site correspond with that of other sources as well. It is layed out in a way that is easy to navigate and find information. The site even has publications link where you can type in what it is your searching for that then lists articles and more related to your search within the site. It is also well written and visually appealing.
People will defiantly learn from accessing this site. Information includes statistics, events, tools, news, programs and much more. These topics are explained and supported well by graphs and other credible sources. The main goal of the site is to potentially prevent young adults and children from getting involved in problems like gangs, alcoholism and drug addictions that play a major role in why juvenile crimes are committed. To stop the problem before it starts if there are less serious crimes and bad choices made less teens will be tried as adults. This site is effective in doing so by listing programs, providing important information, ways to prevent trouble as well as contact information, for both teens and parents.
Background
Although the law has changed and juveniles can no longer receive life sentences they can still receive up to 40 years in jail for a crime they committed as young as fourteen or fifteen. Can you imagine your child or sibling being that young making a based choice and having their life taken away from them. By the time they are even eligible for parole they would be in their fifties or sixties.
The Supreme Court case Roper vs. Simmons in 2005 ruled the death penalty cruel and unusaual punishment for miniors. This case involved a seventeen year old who was sentenced to death for murder. The court said juveniles cannot be held to the same standard of accountability as adults. If they can not be held to the same standard as adults why is it they can be convicted as adults? After the Supreme Court case Kent vs. United States in 1996 teens could be triedand punished as adults for serious crimes. This case involved a 16 year old charged with three burlaries, three robberies and two rapes. The justices said when in deciding weather to remove a case from juvenile court, judges must consider the seriousness of the crime the juveniles age and the defendents crminal background as well as thier mental state.
Now for certain crimes like first degree murder children can automatically be transferred nto adult court. As long as the juvenile is 14 years of age or older the juvenile can be both automatically transferreed or directly filed into adult court.
"Juveniles with the highest recidivism (reoffended) rates were those who were incarcerated after being tried in the criminal (adult) court. Overall 49 percent of the transferred offenders reoffened, compared with the 35 percent of the retained offenders."
Every person is unique as well as the reasons for commiting the crime commited, by not looking at the juveniles case by case they are allowing many children to be tried as adults when instead they should be in juvenile court. If cases are not done case by case a computer might as well decide who is and who isn't transferred.
Advocates working to change the way teens are trasnferred include Kathleen Curry, Clair Levy, NCJJ, JJDP, Human Rights Watch, and Youth Zone. Some advantages of changing the law would be juveniles will get a second chance and won't spend the majority of thier lives in jail, and society wouldn't be loosing another life that could potentially become an influential or important person.. The government would benifit because they wont have to pay as much money to keep kids in jail, and they will have more money to spend on other important issues.
The Supreme Court case Roper vs. Simmons in 2005 ruled the death penalty cruel and unusaual punishment for miniors. This case involved a seventeen year old who was sentenced to death for murder. The court said juveniles cannot be held to the same standard of accountability as adults. If they can not be held to the same standard as adults why is it they can be convicted as adults? After the Supreme Court case Kent vs. United States in 1996 teens could be triedand punished as adults for serious crimes. This case involved a 16 year old charged with three burlaries, three robberies and two rapes. The justices said when in deciding weather to remove a case from juvenile court, judges must consider the seriousness of the crime the juveniles age and the defendents crminal background as well as thier mental state.
Now for certain crimes like first degree murder children can automatically be transferred nto adult court. As long as the juvenile is 14 years of age or older the juvenile can be both automatically transferreed or directly filed into adult court.
"Juveniles with the highest recidivism (reoffended) rates were those who were incarcerated after being tried in the criminal (adult) court. Overall 49 percent of the transferred offenders reoffened, compared with the 35 percent of the retained offenders."
Every person is unique as well as the reasons for commiting the crime commited, by not looking at the juveniles case by case they are allowing many children to be tried as adults when instead they should be in juvenile court. If cases are not done case by case a computer might as well decide who is and who isn't transferred.
Advocates working to change the way teens are trasnferred include Kathleen Curry, Clair Levy, NCJJ, JJDP, Human Rights Watch, and Youth Zone. Some advantages of changing the law would be juveniles will get a second chance and won't spend the majority of thier lives in jail, and society wouldn't be loosing another life that could potentially become an influential or important person.. The government would benifit because they wont have to pay as much money to keep kids in jail, and they will have more money to spend on other important issues.
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