Treatment of Delinquent Youth v. Adult Offenders

Why the justice system treats juvenile delinquents differently from adult offenders

IT IS never easy to convict someone of murder --- an offense that merits capital punishment upon the conviction of guilt beyond reasonable doubt It will never be easy , particularly for one Judge Michael A . Corriero and particularly when the accused was a 15-year old kid when he committed the felony a person well within his teens and acting with a questionable degree of discernment . However , the accused is just one of the many troubled teens that present society has produced

p According to Judge Corriero young people nowadays "can be more violent more dangerous than adults " He attributes such disposition to their utter disregard of the full consequences of their acts

However , youthful offenders enjoy the mitigating circumstance of minority among a few and will likely get a lighter sentence if convicted . In certain instances , they may even be granted a preferential youthful offender status where they have their record of conviction sealed pending rehabilitation if and when rehabilitation is possible

However , such benefits are not available to adult offenders who have to bear the full might of the criminal justice system as it breathes down on their necks . Under the law , these adult offenders are obliged to take full responsibility of the consequences of their acts or omissions .Why the discrepancy in treatment ? Is there a violation of the Equal Protection Clause as guaranteed under the Constitution in providing more leeway in the prosecution of juvenile delinquents ? Are the measures enacted by legislature enough to curb the alarming growth of juvenile delinquents

Penal law perspectives : a contrast

Criminal justice can be viewed through contrasting perspectives or philosophies . One is the Classical School which provides that a felony is the direct product of a person 's actions and it is incumbent upon society to punish the offender in accordance to the severity of his acts . The graver the offense , the higher the penalty pursuant to the antiquated eye for an eye , tooth for a tooth ' rule

The growth and maturity of civilized society gave birth to the Positivist School which blames not the offender but shifts such burden to other factors such as his social environment and development . Under this philosophy , the accused is a mere victim ' of a cruel and twisted world and is pushed to become a criminal and compelled to act as such He should not be juvenile delinquents under the present criminal justice system appears to be veered in this direction

In certain jurisdictions , an attempt at harmonizing the two contrasting philosophies can be seen taking into consideration the nature of the offense or the voluntariness or the criminal propensity of the felon In this jurisdiction , the defining line is the age of the offender as minors can be excused for certain mischievous acts like drunkenness disly conducts or traffic citations . And as far as studies show there is this prevailing perception that a child cannot commit a crime since he is a minor and...