Gianna Bianca 04/04/2013 Protecting the Children with Jessica’s Law Every two minutes in the United States, someone is sexually abused. 44% of these victims are under the age of 18 years old (CDC). These statistics are bold, but even worse – these crimes can be prevented. Crimes against children that involve sexual abuse can be prevented in one giant way: by keeping the predators in prison there they belong. This seems like a no brainer, however some judges and members of senate disagree that these illicit crimes are punishable by lengthy sentences and strict court conditions.
Bud Fox is tried as an adult and sentenced to 61.5 years consecutively in prison including 15 from when he was charged as a juvenile for nonviolent crimes. I feel this sentencing is extremely harsh due to the fact that he is still a minor and his 8th amendment is being violated. Bud Fox was not given a fair trial in my opinion. The judge in this case has let the victims that were impacted by Fox’s fraudulent investment operation play an emotional factor in his sentencing decision. I believe that the victims should be held responsible for making the decision to invest into Fox’s operation.
2 Juveniles Should Be Tried as Adults in Certain Circumstances Mary Onelia Estudillo Mary Onelia Estudillo has written several articles for The Guardian, the student newspaper of the University of California at San Diego. The juvenile justice system was originally created to provide individualized rehabilitation to offenders of minor crimes such as truancy, shoplifting, and vandalism. But youth today are taking advantage of this lenient and outdated system and are committing violent crimes because they believe they will get off easy. In order to provide justice to victims and their families and to prevent more and more juveniles from committing violent crimes, the United States must hold criminals accountable—regardless of their age—and impose
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
In 1984, a committee recommended that the deinstitutionalization grants to the states be suspended, and the Comprehensive Crime Control Act of 1984 contained other “get tough” measures. (McShane, 2003) In conclusion, it appears that as juveniles have gained more due process rights over the last four decades, they have also been treated more like adult criminals. The rehabilitative ideal of the original juvenile court movement has evolved into a policy of retribution; making the punishment fit the crime has become more important than the well-being of the juvenile offender. The current “get tough” philosophy has also resulted in more children being processed as adult
The new generation of reformers went beyond rejecting the paternalistic characterization of young offenders; some advocates for tough policies seemed to view juveniles involved in crime as more culpable and dangerous than adult criminals. The rehabilitative model of juvenile justice seemingly thrived during the first half of the twentieth century, but it began to unravel during the 1960s. Youth advocates challenged the constitutionality of informal delinquency proceedings, and in 1967, the Supreme Court agreed holding in In re Gault, that youths in juvenile court have a right to an attorney and other protections that criminal defendant’s
University of Phoenix Juvenile Justice System and Processes CJA/374/SB10BCJ12 Juvenile and Courts: A Comparative Analysis June 06, 2012 Lowell Smith Offenders Information When concerning about offenders’ rehabilitation in the juvenile justice system California has the same categories; however, the state of California became a state in 1850. In 1850 there were no correctional facilities for juveniles. The laws for juveniles wanted to make changes that would treat juvenile’s offenders. In addition, it changes laws for juveniles and adults’ gang-related offenders, and those who commit violent and serious crimes. Specifically it: Requires more juvenile offenders to be try in adult court Requires that certain juvenile offenders be held in local or state correctional facilities Changes the types of probation available for juvenile felons Reduces confidentiality protections for juvenile offenders Increases penalties for gang-related crimes and require convicted gang members to register with local law enforcement agencies Increases criminal penalties for certain serious and violent offenses (www.lao.ca.gov) Rehabilitation The juvenile criminal justice system for rehabilitation is a basic system that helps with education, schooling, and a job training; basically giving the juveniles a second chance on life.
One in every 100 adults in the United States is incarcerated according to the PCS. The Pew Center on the States (PCS) conducts credible research and analyzes states’ experiences to determine what works and what does not work. Overcrowding has been a problem in the United States for many years. The government has tried different ways to fix it, but it has steadily gotten worse. Overcrowding has become a major issue in the United States mainly because nonviolent drug addicted offenders are repeating behaviors and ending up in jail.
Wheeler, Joey Proposition/Support Period: 2 December 5, 2012 Juvenile Justice Essay The vexing question of whether an adult trial and sentence are deemed just for juvenile criminals plague the judicial system as more adolescents commit violent crimes in today’s society. As punishment, most juvenile offenders who are found guilty of certain misdemeanors are sent to juvenile detention facilities for a relatively short period or, in some cases, at least until they are 18 years of age, at which time they are transferred to an adult prison. However, there are an unfortunate few who are tried and directly punished as adults; they are either sentenced to death row or incarcerated in a state prison infested with hardcore adult criminals and felons for as long as a lifetime. All youths, despite the crimes they committed, should not be tried and sentenced as adults. Many juvenile offenders are not intellectually or
However, when a child engages in criminal activity the degree of the sentence received should coincide with offense .The central emphasis of this content is to illustrate the effects of retribution by holding the juvenile justice system responsible for precisely applying the appropriate sanctions toward deserving individuals. All through history, mischievous children who have gotten in trouble have been confronted with extreme reprimands. Over the last twenty years juvenile violent crime has escalated almost twice as quickly as that of adults. The rate at which juveniles were arrested for violent crimes rose 79 percent between 1978 and 1993, almost three times the increase over that time period for adults. The legal term juvenile delinquent was generated so that young offenders could steer clear of the humiliation of being labeled in officially authorized court documents as criminals.