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/
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