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February 13, 2017

Should minors who commit violent crimes be tried as adults?

Crimes committed by minors have continued to increase in their magnitude, and adult criminal courts have expanded the range of the cases they take, including juvenile cases. Statistics indicate that juveniles commit serious crimes, but the judicial system does little in ensuring that they are charged and sentenced according to their crimes. The judiciary and all legislative systems argue that the youth cannot be charged in adult courts since they still have to be guided in their psychological development and maturity. However, instead of rehabilitation, the legal system has considered transfer as an appropriate form of punishment. Many states have also amended their statutory laws regarding the minors to include the transfer of criminals. The judicial system is, therefore, responsible for charging all crimes in a similar way irrespective of the age of the offender.

According to Scialabba (2016), there is a discrepancy in the way a juvenile is defined and how the law addresses a juvenile’s actions. In thirty-eight different states, the appropriate maximum age for which a juvenile court has jurisdiction over a minor is seventeen. Therefore a person is tried depending on the jurisdiction of the state ( Flowers, 2012). In addition, every state should have laws that allow for the transfer a juvenile to the adult criminal court, within certain age limits (Scialaba, 2016). The majority of petty crimes like pickpocketing or vandalism can be charged in juvenile courts and the minor taken to rehabilitation. However, capital offenses that include murder or terrorism should be subject to criminal prosecution.

Over the years different states have added some crimes that allow for young offenders to be tried in adult criminal courts or be transferred to adult prisons. The transfer takes place either due to the seriousness of the crime, offender's previous record or the statutory circumstances assigned by adult courts (Minor-Romanoff, 2012). However, examining the offender’s abilities in decision making and understanding of being charged in adult criminal courts. Jurisdictions have therefore been made by the state to ensure that all serious felonies are tried by criminal courts.

Emotional development among the youth is among the major factors that contribute to young people engaging in capital crimes. Juvenile courts are supposed to be preserved for cases that are intrinsically juvenile in nature, but cases involving violent crimes should be transferred to adult criminal courts. Minors engaging in crimes ought to be charged according to the magnitude of their crimes; besides, the legal system should educate the youth on the consequences of being involved in crime. Concerning the rising trend in juvenile involvement in serious offenses, it is important for the government to ensure that justice is fairly served to all citizens without discriminating criminals by their age.

References

Flowers, R. (2012). Kids Who Commit Adult Crimes (1st ed.). Binghamton: Taylor and Francis.

Minor-Romanoff, K. (2012). Juveniles Sentenced and Incarcerated as Adults: Findings from a Qualitative Analysis of Their Knowledge, Understanding, and Perceptions of Their Sentences (PhD).

Scialabba, N. (2016). Should-juveniles-be-charged-as-adults. americanbar. Retrieved 13 February 2017, from http://www.americanbar.org/publications/litigation-committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults.html