SHOULD JUVENILES BE CHARGED AS ADULTS IN CRIMINAL CASES TRINA LEVESQUE POST UNIVERSITY Abstract In 1984 in Butte Mt, two boys (boys simply because of their age) Michael Horvath age 15 and Ted Gibson age 14, committed some unspeakable acts. Michael and Ted had brutally taken the lives of their mothers as well as the life of Ted’s 16 year old sister. These two were sentenced to a juvenile detention facility until the age of 21, after which their juvenile records were sealed and they were able to go on with their lives as if it never happened. I feel that justice was not served for the victims. After this heinous act the laws of MT were swiftly changed to charge juveniles as adults if they commit an adult crime.
On appeal, he argued that the imposition of a life sentence without parole on a juvenile violated the Eighth Amendment and moreover constituted cruel and unusual punishment, and that violated the Eighth Amendment. The District Court of Appeal of Florida disagreed. It held that Graham’s sentence neither was a facial violation of the Eighth Amendment nor constituted cruel and unusual punishment. The Supreme Court ruled in June 2012 that juveniles convicted of murder cannot be subject to a mandatory sentence of life imprisonment without the possibility of
The literature also reports that without stability in their lives these children are at risk to be victims as well as perpetrators of violence. Therefore, for the purpose of this
Life-Without-Parole 1 Juvenile Life Without Parole Antoinette Harris DeVry University Abstract – Life without Parole for a juvenile is it harsh or a deserved punishment that fits the crime? There are cases that have helped over turn some sentences. Is it fair or does the juvenile deserve to life a life without the possibility of returning to society. Is the juvenile system meant for simple punishment or rehabilitation? Are we teaching our adolescents that if they make a mistake their life is over?
If the Florida HIV laws are outdated, then the diagnosis of an HIV infection is no longer tantamount to a death sentence. 1. In 1997, Florida passed a law that makes it a felony for someone who is HIV positive to engage in any form of sexual intercourse without providing the partner with that information. 2. Failing to inform your partner that he/she is HIV positive with whom you are having sexual relations with in the state of Florida results in being charged with first degree murder.
Others will hopefully learn from those mistakes and not do it. Why they shouldn’t be tried as adults? Kids who commit crimes are between the ages of 9 or 10. At, that age it is impossible for them to have the mental ability to plan or commit a crime yet alone understand the consequences of that action. An adult who commits a crime is punished for it and will remember it for the rest of their lives.
Is Life Without Parole a Fair Sentence for all Juveniles? I believe this would be a good research question. There are many factors that would lead into a juvenile having such a harsh punishment. The research may show reasons for both sides and questions that come to my mind are what types of crimes are they committing to receive this sentencing? Do the courts take into effect the juvenile’s history and home life?
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.
They have argued that pretrial drug testing goes against the Fourth Amendment; which protects against unreasonable searches and seizures. Also that taking a pretrial drug test is an unreasonable search. After a suspect is arrested, the decision to set bail is made by the judge. In cases of repeat offenders, there is still the possibility that they will flee. And there is still the thought that the suspect may commit a crime while free.
Some of the children end up being arrested and being sentenced to juvenile prisons. In this place, they undergo corrective measures so that they may be able to get back to the community when reformed. Background and Justification High recidivism among the juvenile is associated with the increase in crime, lack of stable a home environment, unstable families and the risk of health in the society. However much the government is doing to rectify juvenile delinquents, Juvenile recidivism is still a steadily growing problem. The recidivism happens because those juveniles do not feel like the fit in the community after they leave the juvenile correctional centers.