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Advance General psychology Prosecuting Juveniles as Adults: Justice or Retribution?
Abstract The United States criminal justice system is designed around the concept of retribution and rehabilitation. Juvenile courts have traditionally focused primarily on the rehabilitative aspect which provided adolescents the opportunity to change. The new trend of waiving juveniles to adult’s courts which emphasizes punishment according to the crimes committed, has resulted in juveniles as young as thirteen facing life in prison. The answer to rising crimes committed by juveniles has been the get tough approach which charges juveniles as adults and hand down sentences in the same manner as an adult. Evidence suggests that this approach has had little if any effect in crime reduction. Adolescents are generally impulsive and rash in their behavior due in large part to the underdeveloped prefrontal cortex which is the part of the brain responsible for logic and impulse control. Why then do courts insist on a system of justice that so far has proven a failure?
Research Question Should juveniles be prosecuted as adults for crimes involving assault, murder of where a weapon was used?
Is it wrong to waive juveniles to adult criminal courts? In 1870 the courts recognized the need for a separate courts system that specifically addressed the needs of juveniles, but not until the Illinois Juvenile Courts Act was a standard adopted in all states (Schmallager, 2010). Juvenile courts primarily focused on rehabilitation and less on retribution, which recognized that teens are more likely to give in to peer pressure, lack the cognition to understand the full consequence of their actions and brain development in the prefrontal lobe which is responsible for reasoning and judgment continues pass adolescents (Conklin, 2010). Some may argue that in cases such as the mass murder at Columbine this is the right solution. If this is the answer, examine the landscape of criminal justice and the impact on society.
Procedure The research in this project was gathered and substantiated from scholarly reviews and professional journals. I have identified and incorporated ideals which both favor and criticize juvenile prosecution.
Conclusion The appeal of the get tough attitude adopted by the courts has not fulfilled the promise of lowering crime rates. In this country 1.6 million juveniles are arrested yearly, but in the area violent crimes there has been a decline (Argosy University, 2010).
References Argosy University. (2010). Forensic Psychology. Module 6; Juvenile justice system. Retrieved February 5, 2010, from http://webuploadcontent.next.ecollege.com Argosy University. (2010). Psychology and Criminal Justice. Module 6: Probation, parole and community correction. Retrieved April 3, 2010, from http://webuploadcontent.next.ecollege.com Conklin, J. (2010). Criminology (10th ed.). Upper Saddle River, N.J.: Prentice Hall McMillion, R. (1998). ABA Journal.  Getting tougher on kids. 84, 95. Retrieved September 25, 2010, from http://wf2dnvr13.webfeat.org Pediatrics Week. (2010). Pediatrics: Sentencing juveniles to life without parole constitutes cruel and unusual punishment. Retrieved September 15, 2010, from http://wf2dnvr14.webfeat.org Schmalleger, F. (2010). Criminal Justice Today (10th ed.). Upper Saddle River, N.J.: Prentice Hall

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Advance General Psychology M7 A2

  • 1. Advance General psychology Prosecuting Juveniles as Adults: Justice or Retribution?
  • 2. Abstract The United States criminal justice system is designed around the concept of retribution and rehabilitation. Juvenile courts have traditionally focused primarily on the rehabilitative aspect which provided adolescents the opportunity to change. The new trend of waiving juveniles to adult’s courts which emphasizes punishment according to the crimes committed, has resulted in juveniles as young as thirteen facing life in prison. The answer to rising crimes committed by juveniles has been the get tough approach which charges juveniles as adults and hand down sentences in the same manner as an adult. Evidence suggests that this approach has had little if any effect in crime reduction. Adolescents are generally impulsive and rash in their behavior due in large part to the underdeveloped prefrontal cortex which is the part of the brain responsible for logic and impulse control. Why then do courts insist on a system of justice that so far has proven a failure?
  • 3. Research Question Should juveniles be prosecuted as adults for crimes involving assault, murder of where a weapon was used?
  • 4. Is it wrong to waive juveniles to adult criminal courts? In 1870 the courts recognized the need for a separate courts system that specifically addressed the needs of juveniles, but not until the Illinois Juvenile Courts Act was a standard adopted in all states (Schmallager, 2010). Juvenile courts primarily focused on rehabilitation and less on retribution, which recognized that teens are more likely to give in to peer pressure, lack the cognition to understand the full consequence of their actions and brain development in the prefrontal lobe which is responsible for reasoning and judgment continues pass adolescents (Conklin, 2010). Some may argue that in cases such as the mass murder at Columbine this is the right solution. If this is the answer, examine the landscape of criminal justice and the impact on society.
  • 5. Procedure The research in this project was gathered and substantiated from scholarly reviews and professional journals. I have identified and incorporated ideals which both favor and criticize juvenile prosecution.
  • 6. Conclusion The appeal of the get tough attitude adopted by the courts has not fulfilled the promise of lowering crime rates. In this country 1.6 million juveniles are arrested yearly, but in the area violent crimes there has been a decline (Argosy University, 2010).
  • 7. References Argosy University. (2010). Forensic Psychology. Module 6; Juvenile justice system. Retrieved February 5, 2010, from http://webuploadcontent.next.ecollege.com Argosy University. (2010). Psychology and Criminal Justice. Module 6: Probation, parole and community correction. Retrieved April 3, 2010, from http://webuploadcontent.next.ecollege.com Conklin, J. (2010). Criminology (10th ed.). Upper Saddle River, N.J.: Prentice Hall McMillion, R. (1998). ABA Journal. Getting tougher on kids. 84, 95. Retrieved September 25, 2010, from http://wf2dnvr13.webfeat.org Pediatrics Week. (2010). Pediatrics: Sentencing juveniles to life without parole constitutes cruel and unusual punishment. Retrieved September 15, 2010, from http://wf2dnvr14.webfeat.org Schmalleger, F. (2010). Criminal Justice Today (10th ed.). Upper Saddle River, N.J.: Prentice Hall

Editor's Notes

  1. The new method of getting tough on crime has resulted in a number of adolescents being prosecuted in adult criminal courts. The United States is one of two industrialized nations which sentences juveniles under eighteen to life without the possibility of parole (Pediatrics Week, 2010). This was supposed to be the answer to the problem of crimes committed by juvenile, to date there is no consistent evidence this strategy has worked or will work.
  2. Adolescents lack the cognition to fully understand the consequences of the actions, lack objectivity, are easily bored and appear willing to break rules are some of the reasons Argosy University suggest for juvenile crime (2010). The university quoted statistics which indicated crimes rate have lowered but public perception still remain the same (Argosy University, 2010).
  3. The solution to many is to build more prisons to house juvenile delinquent, the problem is that eventually these criminals will be released back into society. With the courts focus on retribution and not rehabilitation the rate of recidivism will remain high, Conklin highlighted in his text Criminology juveniles with criminal conviction are more likely to commit greater criminal acts upon release (1998).