• Life in Prison: Should Juvenile Offenders Be ..
  • tried and sentenced as adults.
  • on juveniles if they are tried as adults in ..

Adult prisons are also very dangerous for minors, and in many cases this leads to more .

Should minors who commit violent crimes be tried as adults.

Juveniles are also a larger target than adults for assaults.

Juveniles deserve to be tried the same as adults when they commit certain crimes.
Scientific research highlights many differences between juveniles and adults that militate against confining them together. Although some young people now experience the physical changes of puberty earlier than in the past, which may result in an appearance of maturity at an earlier age, most aspects of cognitive development, such as the development of self-regulatory capacity and skills, reasoning ability, planning, logic, and understanding the consequences of actions, increase according to biological (i.e., numerical) age and experiences, rather than according to the child’s stage of physical development.

And some state laws require that juveniles be tried as adults ..


This Part argues that juveniles and adults demonstrate significant differences in physical and mental development and have appropriately been treated differently under the law. Section A describes the significant developmental differences between juveniles and adults. Section B discusses the treatment of juveniles under state and federal law. Section C summarizes the Supreme Court’s jurisprudence involving children, which highlights the constitutionally significant differences between juveniles and adults. Section D describes the history and purposes of the juvenile justice system, which was created to respond to the special needs of juveniles. Section E examines international norms surrounding the confinement of juveniles with adults.

 

Cons of Juveniles Being Tried As Adults


(2) It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (A) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) ensure that the public safety interests of the public, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) return juveniles who have run away, absconded, or escaped from supervision or control or who have been accused of an offense to the state requesting their return; (D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking and supervision of juveniles; (F) equitably allocate the costs, benefits, and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (H) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (J) establish a system of uniform data collection of information pertaining to juveniles subject to this compact which allows access by authorized juvenile justice and criminal justice officials, and regular reporting of activities under this compact to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles, particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created in this compact are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of the compact. The provisions of the compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.


As described in Part I, juvenile offenders face significantly greater dangers when confined with adults in jails and prisons, and thousands of juveniles in the United States face these dangers on any given day. A growing body of evidence indicates that juveniles are significantly different from adults. The disparity in the dangers faced by juveniles and adults when confined in adult facilities, coupled with the inherent differences between juveniles and adults, raises important constitutional issues. A punishment that passes constitutional muster when applied to adults may be unconstitutional when applied to juveniles.


Pros and Cons of Juveniles Being Tried As Adults | …

National consensus, however, may be forming against confining juveniles with adults. State legislatures and prison officials are beginning to realize the dangers of confining juveniles with adults. Between 1996 and 2004, the number of juveniles incarcerated in adult prisons fell by 54%, even as prison populations grew. On the day of the annual count of prison inmates in 2009, seven states did not house any juveniles in adult prisons, twelve states housed between one and ten juveniles in adult prisons, and an additional ten states housed between ten and twenty-five juveniles in adult prisons. By the annual one-day count of adult jail inmate populations in 2011, the number of juveniles being held in jails had declined to 5900. Furthermore, some states have taken steps to require the sight-and-sound separation of juveniles and adults when juveniles are placed in adult facilities. Of the thirty-nine states that allow juveniles to be held in adult jails while awaiting trial in criminal court, twenty states require that juveniles be separated from adults during this period. Even states that currently house higher numbers of juveniles in adult facilities, such as Pennsylvania, are beginning to take steps to decrease the number of juveniles in their adult facilities.

The Cons of Juveniles Being Tried As Adults

The sexual abuse and lack of access to programming and treatment in adult facilities negatively affects the development of juveniles, and they are more susceptible to harm from maltreatment than adults. Magnetic resonance imaging indicates that a particular section of a juvenile’s frontal lobe, which controls decision making and other advanced functions, is not fully developed and continues to undergo significant change after an individual’s eighteenth birthday. In fact, research shows that the human brain continues to develop and mature well into an individual’s twenties. Juveniles also have a relatively unformed character. During adolescence, an individual’s identity begins to develop and emerge, and the individual’s interactions with his surroundings heavily influence this identity formation.