There are many laws that come into play with the end result being less crime. They are intended to make punishments harsher for offenders with the hopes that the offender will not repeat crimes. The Habitual Felon Act was developed in order to increase sentencing time for the repeat offenders. This was considered to be a ""tough on crime" legislation that was adopted by the North Carolina General Assemble in the early 1990s" (Young). The law was also adapted in order to get more violent individuals off of the street, instead it filled the prisons with nonviolent, low priority felons.
In most juvenile homicide cases, they are automatically put into the adult justice system for committing the adult-like crime. Some of these children are receiving punishments such as life in prison, even life in prison without parole. Although, the kids may have committed the “adult” crime it is unethical for youths to be tried as adults. Youths should not be tried as adults because they are too young to understand the adult criminal court and could receive cruelty from the state penitentiaries. Also, instead of sending the juveniles
It also backs up my other sources with the same research results; by removing the sentencing discretion of judges, and replacing it with mandatory jail sentences, we are sending more offenders to prison instead of programs designed to rehabilitate. Information in this article also supports my argument that mandatory laws violate the Constitution. Taking power away from judges is a violation of the 10th amendment “separation of powers.” As a result, our prison population has quadrupled and is filled with the wrong people. Mandatory sentencing applies so broadly that they sweep minor criminals and drug users along with the major ones, “drug kingpins,” who are the real targets of the statutes. Bender, David L. “America’s Prisons Opposing Viewpoints”4thed.Minnesota.
Which comes in, why kids shouldn’t be try as an adult. Most of us teens act pretty much like kids when were still 15-17 years old. In Adam Liptak’s article “Supreme Court to Rule on Executing Young Killers” published in The New York Times quotes “And jurors may not necessarily accept expert testimony concerning recent research showing that the adolescent brain is not fully developed”. Jurors have to accept the fact that teens brains aren’t develop and still may act like little kids. Also the fact that teens are so rough towards one another there brains aren’t thinking on what can happen if there physical towards people violently.
Should Youthful Offenders Be Tried As Adults? Ervin Frankli March 28, 2012 SWK 501: Policy II Alabama A&M University History of Juvenile Justice System: “Many people believe juvenile courts were invented to "go easy" on young criminals. The actual reasons are more complicated. The 19th Century reformers who advocated the establishment of juvenile courts were just as interested in crime control as they were in social work. Admittedly, some reformers were motivated by a desire to save growing numbers of poor and homeless children from the streets of America’s cities.
I do think that courts should consider other factors, like the severity of the crime, the juvenile's previous criminal record and their upbringing, before determining if they should be tried as an adult. But, it should still be the goal of the court system to attempt to educate juveniles, rather than throwing in the towel at the first sign of violence, and sending them to prison with even more violent, hardened criminals. Some say that children who commit adult crimes such as murder should be tried as adults. Then you should be tried as an adult no matter your age. If you take a life from one you should suffer the same punishment if your 15 or if your 43.
The physical and psychological impact of prison is far more likely to have a serious and negative impact than a similar sentence would have on an adult prisoner. Juveniles should never be in prison with adults because not only they are more likely to be corrupted by the prison environment, but there is also the persistent danger of abuse including sexual abuse and health risks. ‘The greatest danger is physical and sexual assault by adults housed in the same facility, including inmate trustees who may have access to juveniles in ‘separate’ quarters in jail.’ (Clement 395). Juvenile delinquents need help and a direction in life should be given to them. Placing them in adult prison subjects them to violence and exploitation, and deprives them of the chance to start their new lives.
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.
Although politicians claim that the public demands tough policies, moral panics tend to dissipate when the crisis passes. Many around the country would argue because of more serious crimes committed by adults has fashioned an umbrella on the juvenile system which imposes robust crimes for the juvenile themselves. Now when a juvenile has committed a crime, the next step is the procedures of handling the juvenile physically and mental status. Following the arrest of a juvenile offender, a law enforcement officer has the discretion to release the juvenile to his or her parents, or take the offender to juvenile
It is a common assumption that for every crime there should be a suitable penalty. Legal systems differ in determining their forms and duration and prison is the most popular way worldwide to punish those who violate law. An ideal form of punishment should not only punish, but also help to socialize the criminal into society and prevent him from further crimes. Unfortunately, jails in many countries are overcrowded and expensive for taxpayers; they do not work as a threat that scares potential offenders and most importantly, they fail to reclaim and reeducate convicted of a crime. According to journalist, Tom Whitehead, longer prison sentences prevent criminals from committing further crimes.