Miniature Adults In The Criminal Justice System

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If a twelve-year-old child murdered a person, what should be his/her punishment? If a thirty-year-old adult murdered a person, what should be his/her punishment? Should there be a difference in punishment? In recent years there has been a remarkable shift in the way juvenile crime is viewed by policymakers and the general public, one that has led to widespread changes in policies and practices concerning the treatment of juvenile offenders. Rather than choosing to define offenses committed by youth as delinquents, society increasingly is opting to redefine them as adults and transfer them to the adult court and criminal justice system. Most reasonable people agree that a small number of young offenders should be transferred to the adult system…show more content…
Prior to the 17th century, for instance, children were seen as being different from adults only in their size, therefore, they were expected to behave just as adults would. Young people were perceived as being miniature adults and, therefore, subject to the same punishments as offenders who were older. Childhood was considered to end at about age five. It was not until the 17th century that European church and community started to believe that younger people were weak and innocent and in need of guidance, and protection. Consequently, childhood was prolonged, education became a priority, and societal norms emerged specifying age-appropriate behavior. Youngsters no longer were viewed as miniature adults. For the first time in recorded history, they were a separate and distinct group. By the 18th century, English common law decided that children under seven were not capable of forming criminal intent. For an act to be considered criminal, there must be actus reus (the criminal act itself), mens rea (the intent to commit the criminal act), and corpus delecti (the interaction between the act and the intent to commit it). Therefore, since youths were considered to be incapable of forming mens rea, they were legally unable to commit a crime or be criminally sanctioned. Between the ages of seven and 14, children were presumed to be without criminal intent unless it could be proven that they knew…show more content…
At one time juveniles were sentenced to a juvenile facility until they were twenty one no matter how severe the crime was. Think about this if you had a seventeen year old who committed a vicious crime the maximum they could serve would be until twenty one, this in its self is an injustice to society. The implementation of a policy which allowed states to charge juveniles as adults may have been the best change for our society. According to the Office of Juvenile Justice and Delinquency Prevention, 44 states and Washington, D.C., passed laws between 1992 and 1997 enabling the judiciary to transfer juveniles to the adult court system. Since this policy has been implemented, juvenile arrest rates for violent crimes have decreased: In 1999, the percentage of all juveniles arrested for violent crimes fell to an 11-year low. This policy showed that if you treat violent juveniles as adults it sends a message that age does not excuse them from facing the consequences of their
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