Criminal justice system
In the criminal justice system, some policies should be introduced and supported for the course’s smooth running. A new approach that I strongly advocate for is that juveniles should not be tried in adult courts, regardless of their crimes. This issue has spurred mixed reactions from different people, each sharing their sentiments on the matter. The incidents of juveniles being tried as adults date back to the 18th century. It is legally referred to as Trial as an Adult. The first incident was the murder trial of two juveniles who were charged with first-degree murder. The Supreme Court concluded a death penalty for each, and the court upheld the sentences. This policy of Trial as an Adult fails to recognize and consider the age of the children in question. The new proposed system of banning juveniles’ Trial as adults aims to assess children’s crimes’ psychological aspects and enforce correction rather than punishment. When children are tried at the juvenile level, regardless of their crimes, they are given a chance to salvage their futures and contribute and essential people in society. Consequently, this policy aligns with the constitution and protects the minors under the fourteenth and fifth Amendments. It does not sit right to claim that “old enough to commit a crime, then old enough to do time” without taking the time to consider and look into the motivations behind crimes committed by children.
Justification
The main reason for my advocacy for this policy is that trying juveniles as adults are unconstitutional and violate the Fifth, Eighth, and Fourteenth Amendments. According to the Fifth Amendment, “No person… shall be deprived of life, liberty, or property without the due process of law. On the other hand, the Fourteenth Amendment states that “No state… shall deprive any person of life, liberty, or property without the due process of law. When prosecutors try juveniles as adults, the equal protection clause, which establishes that prosecutors have no specific path to follow when making decisions, is violated. On the other hand, the Eighth Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” In this clause, excessive, cruel, and unusual can be taken to mean harsh punishments like the death penalty on children or to try children in the adult courts.
Another primary concern in trying juveniles in adult courts is that adolescent brain development is not considered. The human mindfully develops at around age 22, where the frontal lobe forms and makes sound decisions. This stage of brain development entails controlling impulsivity and problem-solving skills. This stage means that juveniles’ decision-making ablates different from adults, and prosecuting them at the same level is very unethical. One case that elaborates this argument’s weight is that of Christopher, whose childhood was faced with so many hardships. His mother abandoned him, and his father was barely around, and he had to live with his grandparents. One day he faces disciplinary issues at school, and his grandfather beats him with a belt when he gets home. Christopher gets enraged and kills his grandparents with a gun at the mere age of 12. Without the power to around the law, the prosecutor sentences him to 30 years in prison without the possibility of parole. This sentencing is punishment-oriented, which conflicts with the aim of the correctional facilities. His decision to kill his grandparents was motivated by his poor upbringing and messed up childhood. He acted on impulsivity, which is nothing out of the ordinary for someone his age. Like Christopher, many minors act on impulse, peer pressure, and poor decisions, which should not be held against them.
Supporting Data
In a journal published by the Journal of Psychology, the frontal lobes promote decision-making and executive control. The frontal lobes significantly impact behavior and are connected to motor function, memory, initiation, problem-solving, spontaneity, and impulse control. Individuals whose frontal lobes are not fully formed have higher chances of making impulse decisions and acting rationally than those with fully developed frontal lobes. With a lack of developed prefrontal cortex, juveniles are highly impulsive and do not take all the available options into account; they do not take time to think before they act and are highly prone to peer pressure.
In a recent case of Miller vs. Alabama, the U.S Supreme Court ruled that states were not allowed to impose life sentencing without the possibility of parole for minors involved in homicide murders. Additionally, the court ruled that children should not be treated as adults in the eyes of the law. Massachusetts also ruled against the trial of children as adults and imposing life sentences on the minors. This ruling shows that this policy should be adopted in other states and save these children’s futures. Most of the juveniles who are tried and incarcerated as adults suffer sexual and physical abuse from the older inmates and have higher recidivism chances than adults.