Research Paper: Juvenile Crimes

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Summary: Reformers see delinquency as a result of neglectful upbringing, and that youth are in need of behavioral guidance. The nature of the act, not the nature of the actor, became the basis for sending juveniles to criminal court. The views of the offender were misinterpreted because the ones who deserve help were viewed as murderous and remorseless criminals.
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Ash, Peter MD. \"Adolescents in Adult Court: Does the Punishment Fit the Criminal?\" J Am Acad Psychiatric Law 34:145-9, 2006. Journal of the American Academy of Psychiatry and the Law Online. Web.
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Paraphrase: The borders between juvenile and criminal courts are gradually starting to converge because many juvenile courts treat deliquents as adult criminals. Originally, juvenile court systems would characterize the offender and base their sentence off of that, instead of basing it off of that particular crime. The difference during this time was that criminal courts were trying to determine whether the offender was guilty or innocent fairly and quickly as possible. Juvenile courts seemed to be in favor of this process and they soon started to become like the adult criminal courts.
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Butts, Jeffery A. Brick by Brick: Dismantling the Border Between Juvenile and Adult Justice. Boundary Changes in Criminal Justice Organizations. Volume 2. www.urban.org
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Visual: Graph
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Lee, Hatty. Juvenile Murder Arrest Rates. Graph. U.S. Department of Justice, Bureau of Justice Statistics, Arrest in the U.S., 1980-2009. Colorlines.com
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Summary: This article discusses the effects of adjudication and recidivism rates. It explains the legal consequences of trying juvenile offenders in criminal court and placing them in adult correctional facilities. In this article, the research shows the conviction and sentencing patterns of juvenile versus criminal courts.
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Redding, Richard E. \"The Effects of Adjudicating and Sentencing Juvenile as Adults\" Villanova University School of Law and Drexel University. Youth Violence and Juvenile Justice. Web.
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Paraphrase: New laws have increased the potential for criminal prosecution making it easier for juveniles to be tried as adults. Some states require that juveniles with a particular offense history be prosecuted in court as well, using the \"three strikes\" theme. Adult correctional systems are increasingly challenged to develop programming for younger and more vulnerable inmates.
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Torbet, Patricia. State Responses to Serious and Violent Juvenile Crime. DIANE Publishing, Oct. 1, 1996. Social Science (Google eBook).
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Summary: The number of juvenile offenders transferred into the adult criminal justice system has increased. This book explains the distinction between discretionary, mandatory, and presumptive waivers. Direct file provisions, which authorize the prosecutor to determine the jurisdiction based on age/offense categories, are described. State transfer mechanisms differ from one another in where they locate the responsibility for deciding whether or not a given juvenile should be prosecuted.
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Griffin, Patrick. Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions. DIANE Publishing, 1998. Report (Google eBook).
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Paraphrase: Adult felony recidivism was examined in Florida, and they found pairs which one juvenile would be transferred to a criminal court and the other would be retained in the juvenile justice system. Transfers were more likely to re-offend and commit violence after they turned 18 years old. This shows that sending juveniles to an adult criminal court can result in a backfire that the offender will be more likely to keep committing crimes once they get older because they have been exposed to more and influenced more than the average juvenile.
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Lanza-Kaduce, Lonn. Journal of Crime and Justice. \"Juvenile Offenders and Adult Felony Recidivism: The Impact of Transfer.\" Volume 28, Issue 1, 2005. Taylor and Francis Online. Web.
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Qoute: \"I think it's important for us as a society to remember that the youth within juvenile justice systems are, most of the time, youths who simply haven't had the right mentors and supporters around them - because of circumstances beyond their control.\"
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Kilcher, Q'orianka.
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Quote: \"Adolescence is a tumultuous time, full or change and transformation... The adultification of youth (or waiver to adult court) is unduly harsh for youth whose brains have not fully formed.\"
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Dr. Allison Burke
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Quote: \"While the justice system assumes adulthood is reached by the age of 18 and given the increase in the number of juveniles being tried within adult court, it is imperative to understand whether young people are as criminally culpable for their actions as adults and where differences may lie in the maturity of young people and their adult counterparts.\"
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- Claire Bryan-Hancock and BJ Casey, experts on developmental psychobiology.
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Summary: Research suggests that the prosecution of children as adults does little to deter crime or reduce recidivism among youthful offenders; indeed some research has found greater risks to public safety among children transferred to the adult system.
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Youth in the Adult System. January 2013. Juvenile Law Center. Website.
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Paraphrase: Two assumptions are behind recent legislation passed in many U.S. states which make it easier to try juvenile offenders as adults. -Young offenders will receive sentences in the adult criminal system which are harsher and more proportional to their crimes. -The threat of this harsher punishment will result in lowered juvenile crime rates.
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Does Treating Kids Like Adults Make a Difference? Frontline. Website.
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Summary: EJI argued in the United States Supreme Court that death-in-prison sentences imposed on children are unconstitutional, and the Court has now banned death-in-prison sentences for children convicted of non-homicide crimes and mandatory death-in-prison sentences for all children.
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Children In Adult Prison. Equal Justice Initiative. Website.
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Paraphrase: The Pro side argues that a crime is a crime, no matter what the age is. Only because a child commits a crime it does not mean that the victim didn't suffer. In addition to the agreement that juveniles should be tried as adults is that it will not only make them understand the consequences of their action, but also deter them from committing any further crimes. In the contrary, the Con side argues that juveniles should not be tried as adults, and the juvenile courts are necessary because children cannot be tried in the same manner as adults
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Juvenile Justice: Pros and Cons on Trying Juveniles as Adults
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Summary: Children in adult correctional facilities suffer higher rates of physical and sexual abuse and suicide. Compared to those held in juvenile detention centers, youth held in adult jails are: • 7.7 times more likely to commit suicide • 5 times more likely to be sexually assaulted • Twice as likely to be beaten by staff • 50% more likely to be attacked with a weapon
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Prosecuting Juveniles in Adult Court: An Assessment of Trends and Consequences. Malcolm C. Young and Jenni Gainsborough. January 2000.
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Paraphrase: The juvenile prison system can help kids turn their lives around; rehabilitation gives kids a second chance. Successful rehabilitation, many argue, is better for society in the long run than releasing someone who's spent their entire young adult life in general prison population. A young person released from juvenile prison is far less likely to commit a crime than someone coming out of an adult facility.
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Should the Law Treat Kids and Adults Differently? By Jessica Reaves. May 17, 2001. TIME.
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Summary: The main goals of the juvenile justice system in the United States are skill development, rehabilitation, treatment, maintaining public safety, and successful reintegration of juveniles to their community.
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Should Juveniles Be Transferred to Adult Criminal Court in the Criminal Justice System? By Buki Baruwa.
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Paraphrase: Incarcerated kids are more likely to fall behind with their education. This limits their future career opportunities, which causes them to become more of a drain on the system and often develop worse behavioral problems.
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Pros and Cons of Charging Juveniles in Adult Criminal System. Gonzo Times.
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Summary: Juvenile courts focus on rehabilitation, unlike adult jails and prisons, where criminals are subject to incarceration and much harsher sentences. Today, virtually every juvenile offender who has a past criminal history, or is arrested for a violent crime like rape or murder, is tried in an adult court
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Whats Too Young for Life in Prison? By Huma Khan. July 9, 2010.
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Paraphrase: the incarceration of young prisoners in adult prisons has an extremely destructive effect. Young prisoners are more susceptible to negative influences than adults. Facing the reality of their lengthy sentence and potentially never going home makes them seek protection and try to fit in somewhere in their new world. Because a juvenile's identity is still developing, he or she can potentially adopt negative behaviors that are the norm in a hostile prison environment
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Prison is Too Violent for Young Offenders. New York Times.
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Quote: \"Children who commit serious crimes still have the ability to change their lives for the better. It is now time for state and federal officials to take positive steps by enacting policies that seek to redeem children, instead of throwing them in prison for the rest of their lives.\"
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David Berger. One Child At A Time.
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