Juvenile And Crime: Charging Juveniles As Adults

Ever since the beginning of time children have been active participants in homicides across the world. Sources argue that when children do these crimes, they are not mentally mature to process what it is they are doing. This in addition to the fact that children charged as adults that are cycled into adult institutions are more likely to be repeat offenders than a child charged and put into a juvenile detention center, all aid the argument to not charge children as adults. Also, Prisons do not adequately support adults, many conditions inside facilities that house inmates are not in compliance with the required standards, and prisons have a high violence, suicide and gang affiliation rate. It has also been suggested to offer a subsequent type of program for juveniles, one that does not use fear as a means of promoting recidivism. Because of the structure of most juvenile centers, most do not see this as a reputable form of punishment for serious crimes. Many defy the argument of teenagers not being as mentally developed as adults by proving that in various cases, young adults have committed very mature and strategic murders. With both sides of this argument presenting very strong and supportive points, it is hard to classify all teenagers into on category. It is best to first implement better ways to measure the effectiveness and ineffectiveness of charging children as adults and then make a proper decision.

One of the most common reasons to defy charging juveniles as adults is the argument that the law is not transparent on who qualifies to be classified as an adult versus who does not. Most of the time it is thought that only brutal homicides and kidnappings or things of that nature resort in teenagers being charged as adults. However, it is a fact that there have been several cases where the crime was not only non-fatal. In 2007 a teenager from Florida was charged with attempted robbery over a cell phone and wallet, though no solid evidence of a gun ever existed in the case. He was subsequently charged as an adult and sentenced to ten years in an adult prison. It was at this time Florida was in the thick of a once popular court procedure known as a ‘direct file’ where children and young adults are automatically charged as adults. From 2006-2011, more than 15,000 teenagers passed through Florida’s adult prisons system. By direct filing teenagers and placing them in adult institutions prosecutors hoped to give them a ‘cruel wake-up call’. Research has shown that taking children out of regular institutions and placing them in those designated for adults make them worse off than before. Surveys conducted on this topic show that one in four states do not have proper protocol and procedures in place to measure the recidivism of this trend. Logos urges one to use logic when considering topics. Statistics compiled from fifteen states revealed that juveniles that were arrested and transferred to adult facilities are rearrested 82% of the time. The facts and figures are clear, which conform to the argument that placing young offenders in adult facilities increases the likelihood of that person becoming a repeater offender, making them much more dangerous. There needs to be much greater consistency in how states measure and store this information and also in their efforts to reduce recidivism. It seems that the thought is to ‘scare’ the teenagers by placing them with real murderers, rapists and other repeat offenders for serious crimes. This has had the reverse effect, signaling that something much more proactive should be implemented.

America has some of the worst living conditions inside of prisons compared to other countries. The level of crime that occurs within prison walls are almost equivalent to crime that occurs in the free world. The theory that one could place someone as young as 14 in these conditions and expect them to not remain violent and aggressive in the public sector is irrational. The Supreme Court cited a California case from 2011 that involved an inmate that was beaten to death in a crowded gymnasium – with guards on duty. The death was not discovered until hours later when they discovered someone was missing and found his body. With a young mind witnessing deaths as extreme as these in the very same place he resides can cause complications that does not promote recidivism. There are also the sanitary and comfort level of the facility that will also cause distress for a juvenile. The food is untasteful, the cells are small, cold and very poorly cleaned. This is not what most young adults are used to, considering many of them were still residing with their parents prior to being placed in confinement. There is also a heavy presence of gang activity and recruitment in jails making the environment even more toxic for a young adult. This argument uses pathos to appeal to the audience, utilizing the emotions to promote public pity for the teenagers accused. In spite of this, it remains a fact that all of these pressures on such an undeveloped mind can cause severe social issues for someone who is expected to adjust accordingly upon release.

Many do not see prison as a real punishment for offenders who commit very serious and malicious acts, it is viewed as more of a rehabilitation for them to rid the aggression and thoughts that made them do the act in the first place. Sources reveal that prisons also provide exceptional sources for young offenders, such as specialty educational courses, vocational development, counseling and the opportunity to continue any prior education, or embark on a new journey. None of these opportunities are available at juvenile detention centers, most of them lack the proper staff and funding to implement these things for young adults because they are constantly being cycled in and out. This leaves little to no room for improvement on the behalf of young adults who are housed in detention centers. Due to all of these positives of being incarcerated in an adult facility versus a juvenile center supports the argument that young adults charged with severe crimes should indeed be charged as adults.

Arguments have been made that children must be charged as adults in certain circumstances. Sources say that attempting to place an age requirement on needing to be placed in solitary confinement is unacceptable, noting that parents and legal teams often use age as an excuse to keep dangerous young offenders on the streets. People argue that the counselors at detention centers have little to no influence on the teenagers housed there, making it more of a break from reality than a punishment for a crime. The counter argument for this is simple, offer an alternative punishment for young offenders who commit serious crime and have the tendency to become a repeat offender. A mentor coordinator from the Youth Justice Mentoring Program at the at the nonprofit center for juveniles and justice by the name of Yessenia Ruiz, has actively been a strong and well known advocate for extending juveniles a second chance of maintaining a clean record while still learning from their mistakes. Through her mentoring program, she intercepts some of the juveniles that would wind up in adult facilities. The United States could establish a separate system for teenagers that would focus specifically on serious offenders and use a more effective type of punishment, that still keeps them apart from adult offenders. With this approach, teenagers charged with heinous crimes can still be held accountable without being subject to adult environments in which they are not prepared for.

Teenage minds are less developed than that of adults, they experience higher levels of testosterone, making them more impulsive as decision makers. This impulsive behavior can cause serious problems for a young teen trying to adjust to being in prison. The prefrontal cortex of the brain is where all decisions are made. The neurons in this location communicate with other parts of the brain through synapses which signal the brain to react and make certain decisions such as controlling emotional responses and impulses as well as making judgements. According to scientific studies, this area of the brain is not fully developed until the mid-20s. This is due to teenagers using their amygdala to understand expressions. The amygdala is responsible for inducing emotions and responses not logic and rational reasonings. Since adults use a more developed part of their brain than teenagers they can be held to a higher standard than them. This argument has been refuted by the reality that sometimes teenagers can cause great harm, with calculated and strategic plots to their murders. When teenagers began to partake in vicious crimes, the public shifted towards more progressive ways to deal with them. Juvenile violent crime arrest rates increased by more than 60% from 1988 to 1994, and the murder arrest rate rose by more than 100% over this same period, causing more pressure on the court to strike a change in the juvenile system. It is because of this trend and the current violence among youth that supports this argument to charge juveniles as adults.

In conclusion, both sides of this argument have firm and convincing points, some using rhetoric to express thoughts. Some argue that children should not be charged as adults. The fact that they are mentally underdeveloped in addition to the horrendous conditions of many adult facilities all contribute to the reality that children being charged as adults adds to the potential of them becoming repeat offenders. Prisons are gang infested and very poorly maintained, adding to the likelihood of recidivism. Some argue that young adults that are charged with gruesome murders should be charged as an adult to be held accountable for their actions, but it is easy to refute this argument by suggesting an alternative approach that does not toss teens into environments that will hinder their progression. Instead of trying to scare children into containing their aggression and decisions, one should offer more effective solutions such as strict juvenile programs regulated and tailored for teenage minds. This way the pressure from adults does not directly impact the teenagers that are held in confinement. By not filtering children into adult facilities, they are given a real shot of outgrowing their negative tendencies and advancing to become a productive aspect of society. It is imperative to shift the focus from scaring teenagers to do better to just providing an overall incentive to be better.

Works Cited

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8. Scilabba, Nicole. “Should Juveniles Be Charged as Adults in the Criminal Justice System?” American Bar Association, 3 Oct. 2016, www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults/.