Paper Topic:

Juvenile Defenders Tried As Adults

Juvenile Offenders Tried As Adults

Introduction

At this point in the evolution of the justice system , the treatment of adolescent offenders appears to be a serious challenge to the American courts . The fact that the system has failed to stem a rise in juvenile delinquency is a serious message to courts . At this point , many young offenders are tried in special juvenile courts that aim at correctional stance and target a specific population group . There is also an increasing trend to move the cases of juvenile offenders to adult criminal courts

, especially those that involve serious crimes

This will consider whether it is worthwhile to address juvenile crime in this drastic way or whether it is advisable to retain special proceedings in juvenile courts for this type of offenders . On the contrary , it seems reasonable to maintain a separate system of juvenile courts and a special procedure for trying adolescents

Negative Impact on Minor Offenders

In considering the issue of proper punishment and treatment for young offenders , it is vital to consider the consequences for their subsequent lives and behaviors . Prosecutors and court officials have to ask themselves what the ultimate goal of the court proceedings is : to punish the criminal (retributive justice , to restore the damage to the victim (restorative justice , or prevent further crimes (utilitarian perspective . The latter goal will almost inevitably involve a degree of measures that are offender-focused rather than offense-focused (Steinberg , 2000 ,

.8 . Under an offender-focused perspective , it is necessary to concentrate on criminal justice in terms of its effectiveness in crime prevention and impact on recidivism

In this respect , the currently fashionable practice of transferring crimes committed by juveniles to adult courts has proved to have negative effects on recidivism . Bishop et al (1996 ) indicate that as a transfer of juvenile cases to criminal courts raised the probability of recidivism . Investigating the recidivism of youth whose cases were considered by Florida 's adult courts in 1987 , the authors arrived at the conclusion that the transferred offenders sooner committed repeat crimes than those whose cases have not been transferred . The transfer also impacted the seriousness of the new crime committed . Thus , the ones whose cases went to the criminal court were more likely to commit felony . This study , consequently , dispels that myth that transfer of juvenile cases to adult courts can prevent them from repeat offenses

Fagan (1995 ) arrives at the same conclusion : combined treatment of adolescents and adults within the same court system does not deter crime in contrast , it produces negative results as it increases the likelihood of repeat offense by adolescents . While many expect that youths tried in the criminal system will be de-motivated from committing repeat crimes , reality tells a different story . Recidivism rates remain high among adolescents , and punishment is not more effective in terms of deterrence . Thus , the results of investigating 15- and 16-year-old adolescents charged with robbery and burglary tried for burglary in New Jersey and New York State courts in criminal and juvenile courts demonstrate...

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