Adult_jurisdiction_for_juveniles

Adult_jurisdiction_for_juveniles - Adult jurisdiction for...

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Unformatted text preview: Adult jurisdiction for juveniles: Does it have significant benefits? Pro • • • • Rights of juveniles The adult justice system gives juveniles a jury, a proper judge, and good representation. The juvenile system however has no jury, the judge is over-worked along with the counsel provided. Adult criminal system works better in terms of getting suspects in prison. "Juveniles tried as adults were more likely to be incarcerated, and incarcerated for longer than those who remained in the juvenile system." ["The Transfer of Juveniles to Criminal Court: Does It Make a Difference?", Donna M. Bishop and others, Crime and Delinquency, vol. 42 (1996)] Protection of the society. Adult criminal system helps protect the society from dangerous delinquents, because it keeps them locked up in prisons for a longer period of time, thus increasing the chance of their reformation - and even if it didn't increase it, the couple of extra years of protection are worth the change of the status quo. Justice is upheld. As there is no action without reaction, there shouldn't a crime without punishment afterwards. Even juveniles are subject to laws and are obliged to behave accordingly. Should they fail to do so, it would be unjust to let them - almost freely - get away with it. 
 Deterrence: Would adult-like sentencing act as a deterrent? Pro • Deterrence
does
work.
"...
the
chances
of
being
imprisoned
increased
in
the
 USA
between
1981
and
1995
and
fell
in
England
and
Wales.
During
the
same
 period,
crime
fell
in
the
USA
and
increased
in
England
and
Wales."
["Crime
 and
Justice
in
the
USA
and
in
England
and
Wales",
P.
Langan
and
D.
 Farrington,
The
Institute
for
the
Study
of
Civil
Society,
1998]

 Justice: Are juveniles in juvenile courts being punished too mildly? Pro • • Two
years
in
prison
for
murder
are
ridiculous,
not
to
mention
that
young
 murderers
do
not
even
get
a
criminal
record.

 Crime
is
always
a
crime,
consequences
are
always
the
same.
No
matter
 the
exact
age
of
the
criminal,
certain
damage
cannot
be
undone
(murder,
 rape,
...).
Victims
and/or
their
families
do
carry
the
consequences,
therefore
 is
is
just
that
the
offender
gets
punished
appropriately,
based
not
on
age,
but
 severity
of
the
crime.

 
 Victims' families: Do they favor juveniles being tried as adults? Pro • Non­conviction
has
hard
emotional
impact
on
victims'
families.
"Ben
 Scott,
who
admitted
punching
the
21‐year‐old
twice
in
the
Walkabout
bar,
 Guidhall
Walk,
Portsmouth,
was
cleared
of
manslaughter.
Three
others
‐
 Mark
Clark,
James
Taylor
and
Luke
Morton
‐
were
found
not
guilty
of
affray
 at
Winchester
Crown
Court.
In
a
statement,
Mr
Bartlett's
mum
Ann
said:
'We
 are
now
left
with
a
huge
void,
not
only
within
his
family
but
also
in
the
wider
 naval
family,
that
nothing
can
fill.'"
["Mum
of
dead
sailor
"let
down"
after
 trial",
The
Portsmouth
News,
February
2010]

 • • • 
 Victims
suffer,
harsh
punishment
is
justified.
"Crime
victims
have
a
much
 higher
lifetime
incidence
of
post
traumatic
stress
disorder
(PTSD)
than
 people
who
have
not
been
victimized
(25%
vs.
9,4%).
Of
crime
victims
 diagnosed
with
PTSD,
37%
also
suffer
from
depression.
(...)
Crime
victims
 suffer
a
tremendous
amount
of
physical
and
psychological
trauma.
(...)
Every
 victim's
experience
is
different,
and
the
recovery
process
can
be
extremely
 difficult.
It
can
take
a
few
months
or
years
‐‐
or
an
entire
lifetime
‐‐
 depending
upon
the
variables
involved."
[Kilpatrick
Dean
G.
and
Ron
Acierno,
 "Mental
Health
Needs
of
Crime
Victims:
Epidemiology
and
Outcomes",
 Journal
of
Traumatic
Stress
16
(2003),
in
"Trauma
of
Victimization",
National
 Center
of
Victims
of
Crime]

 Victims'
families
wish
adequate
punishment.
"A
domestic
violence
trial
 came
to
an
abrupt
and
emotional
ending
Tuesday
when
a
jilted
boyfriend
 pleaded
guilty,
prompting
the
victim's
tearful
family
members
to
wish
him
 "nothing
but
torment"."
["Victim's
family
wishes
man
"nothing
but
torment"
 after
guilty
plea
in
murder
trial",
by
Lawrence
Buser,
The
Commercial
 Appeal,
February
2010]

 "The
family
of
a
slain
British
woman
said
Saturday
they
were
pleased
with
 the
murder
conviction
of
American
student
Amanda
Knox
but
said
there
was
 no
sense
of
celebration."
["Victim's
family
'satisfied'
with
Knox
conviction",
 December
2009]

 Victims
need
a
sense
of
control.
"However,
participation
in
the
criminal
 justice
system
can
aid
victims
in
rebuilding
their
lives.
If
victims
are
kept
 well‐informed
about
the
criminal
proceedings
and
feel
they
have
a
voice
in
 the
process,
they
will
feel
that
they
are
a
part
of
a
team
effort.
This
added
 effort
enables
victims
to
understand
the
judicial
process
and
helps
to
return
 to
them
a
sense
of
control
to
their
lives
and
circumstances."
["Trauma
of
 Victimization",
National
Center
of
Victims
of
Crime]

 ...
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This note was uploaded on 04/02/2012 for the course TE 150 taught by Professor Palmer during the Spring '08 term at Michigan State University.

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