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Charging Minors as Adults

· Resolved: In the United States, juveniles charged with violent felonies ought to be treated as adults in the criminal justice system

https://connectusfund.org/22-should-juveniles-be-tried-as-adults-pros-and-cons

https://www.ojp.gov/ncjrs/virtual-library/abstracts/violent-juveniles-should-be-tried-adults-violence-opposing

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ill put the corresponding source for each point on this list

1

Puzzanchera , Charles. “Juvenile Justice Statistics.” OJJDP, May 2021, https://ojjdp.ojp.gov/publications/juvenile-arrests-2019.pdf.

2

Justice, National Center for Juvenile. Estimated Proportion of Victims Killed by Juvenile Offenders, 1980-2020, OJJDP, 9 Dec. 2021, https://www.ojjdp.gov/ojstatbb/offenders/qa03106.asp.

3

Justice, National Center for Juvenile. Known Juvenile Homicide Offenders by Age, 1980-2020, OJJDP, 9 Dec. 2021, https://www.ojjdp.gov/ojstatbb/offenders/qa03104.asp?qaDate=2020.

4

Reinan, John. “Wisconsin Girl, 10, Charged with Killing Baby in Day Care.” Star Tribune, Star Tribune, 6 Nov. 2018, https://www.startribune.com/wisconsin-girl-10-charged-with-killing-baby-in-day-care/499688541/.

5

All That’s Interesting. “She Killed Her Family with Her ‘Werewolf’ Boyfriend – Now She’s Walking Free.” All That’s Interesting, All That’s Interesting, 8 Mar. 2022, https://allthatsinteresting.com/jasmine-richardson.

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6

“Providing High-Quality Career and Technical Education Programs for Justice Involved Youth.” PCRN: Juvenile Justice Reentry Education Program, https://cte.ed.gov/initiatives/juvenile-justice-reentry-education-program.

7

Scialabba, Nicole. “Should Juveniles Be Charged as Adults in the Criminal Justice System?” Americanbar.org, 3 Oct. 2016, https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-juveniles-be-charged-as-adults/.

8

Green, Sara Jean. “Kids and Crime: King County Takes a Closer Look at Juvenile Offenders’ Immaturity.” The Seattle Times, The Seattle Times Company, 4 Apr. 2017, http://www.courts.wa.gov/content/publicupload/eclips/2017%2004%2003%20Kids%20and%20crime%20King%20County%20takes%20a%20closer%20look%20at%20juvenile%20offenders%20immaturity.pdf.

9

“Juvenile Transfer to Criminal Court.” Https://Ojjdp.ojp.gov, OJJDP, 1995, https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/reform2/ch2_j.html.

Youth in Adult Court

Despite the existence of juvenile courts, many youth are still tried as adults. Virginia has four ways that youth can be prosecuted as adults:

Youth age 14 and older and charged with any offense that would be a felony, if committed by an adult, may be transferred to adult criminal court. Va. Code Ann. § 16.1-269.1(A) (2020).

· If a youth 16 and older and is charged with murder or aggravated malicious wounding and the juvenile court judge finds probable cause that the youth committed the offense, the case will be sent to the adult court. Va. Code Ann. § 16.1-269.1(B) (2020).

· If the prosecutor elects to charge the young person as an adult for statutorily designated serious offenses and the juvenile court judge finds probable cause, then the case will be sent to adult court. Va. Code Ann. § 16.1-269.1 (C) (2020).

· Convictions as an adult preclude the juvenile court from taking jurisdiction of subsequent offenses committed by that young person. Va. Code Ann. § 16.1-271 (2020).

National Juvenile Defender Center “Virginia

Juvenile Indigent Defense Delivery System”

As of nov 2020

https://njdc.info/practice-policy-resources/state-profiles/virginia/#:~:text=Youth%20in%20Adult%20Court,transferred%20to%20adult%20criminal%20court.

“Virginia.” NJDC, https://njdc.info/practice-policy-resources/state-profiles/virginia/#:~:text=Youth%20in%20Adult%20Court,transferred%20to%20adult%20criminal%20court.

The two primary advantage that juveniles have as a convicted adult offender is that there is access to schooling and vocational skill development. Youth services will provide some of these services as well, but from an instructional perspective instead of trying to develop a life skill. Some adult facilities have better access to mental health support funding than juvenile facilities. There could be specialized help for addictions, learning disabilities, or other concerns that may have led to the initial criminal conduct in the first place.

“19 Advantages and Disadvantages of Juveniles Being Tried as Adults.” FutureofWorking.com, 30 Oct. 2019, https://futureofworking.com/8-advantages-and-disadvantages-of-juveniles-being-tried-as-adults/.

Thesis:

I. Introductory Statement: throughout the years juvenile criminals convicted of serious crimes have often been trailed under a less critical jury system. ?

A. brief history. Kids who commit crimes may be trialed under a juvenile system, this entails a fairly loose ruling system that has shown itself promising. Crimes hella serious may be turned over to an adult trying system.

b. Definition : other than insuring public safety the main goal of the juvenile system is to ensure skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community.

c. Clarifying the problem : The problem occurs when the act of trialing serious offenses in this manor is actively detrimental to the future of the populous and convicted.

d. Thesis statement: The adult triling system is a necassary facet of the judicial system when addressing juvenile convicts.

II. First Argument Introductory Statement (Eg. For moral reasons, violence in the media should not be allowed.)

For safety and future of the juveniles, their crimes should be treated more seriously

a. Opposing view (Eg. Some people believe that violence in the media has no effect on people’s behavior.)

A smaller punishment will teach juveniles and putting them through the jail system will only do more harm

b. Your view (Eg. However, violence in the media has a great impact on how people behave.)

It reduces the chance that a repeat offender will commit multiple severe crimes.

c. Reason one supporting your view

From data released in 2016, the OJJDP reports that known juvenile offenders were involved in approximately 700 murders in the United States. That represents about 7% of all the known murder offenders which are in the country. Between 2003 to 2006, the estimated number of juvenile murder offenders increased by 32%

d. Reason two supporting your view Evidence and commentary throughout

The study found that juveniles were far more likely than adults to reoffend after release across all states. The highest reported recidivism rate for juvenile offenders was 76% within three years, and 84% within five years. A slap on the wrist isnt going to cut it when it comes to more serious crimes such as murder and robbery. If a fear of punishment and a firm respect of the law is not instilled from a young age, this number will only keep rising with juveniles not understanding the true consequences of their actions

e. Reason three supporting your view

f. Concluding/transition sentence

The purpose of jails and overall the judicial system is to rehabilitate and nip crime in the bud, if that experience is cut off to young offenders solely due to age, then the system is failing to end a problem before it evolves into a bigger issue.

III. Second Argument Introductory Statement

For moral reasons, juveniles should be held accountable for their crime with little regard for the age of the convict

a. Opposing view

Giving a harsh punishment to those who are young will do nothing but harm the convicted and do nothing to help the victim

b. Your view

Holding juvenile crimes to a higher degree creates a level of certainty in the justice system for the victims

c. Reason one

Although it does not happen often, young children sometimes decide to commit premeditated crimes, including homicide, and the criminal justice system must respond appropriately. It is immoral and nonjudicial to let a horrible crime get a lighter punishment due to age

d. Reason two Evidence and commentary throughout

There is a case of a 10-year-old girl in the state of Wisconsin who was charged in 2018 in the killing of a 6-month-old, and state law requires anyone who is age 10 or above to have their case brought in adult court. In this case, the 10-year-old girl allegedly dropped the baby boy, who then hit his head and began to cry. The girl then allegedly panicked, choosing to stomp him on the head to get him to be quiet. She told authorities that she was afraid that she would get into trouble. Prosecutors charged her with first-degree intentional homicide. Letting this child pass on this premeditated crime would be unlawful and completely disrespectful to the victims family

e. Reason three

Another circumstance occured when a 12 year old girl in medican hat, canada killed her entire family in 2006. This shook the entire community and she was put under juvenile triling, she was recently released in 2016.

f. Concluding/transition sentence

IV. Third Argument Introductory Statement

From a moral standpoint, putting juveniles in the adult judicial system will It provides a way to teach accountability

a. Opposing view

There are alternative punishments to jail sentences for minors

b. Your view

The only true way to let offenders take accountability is to allow their actions to have consequences

c. Reason one

Children are often a product of their home environment. If illegal actions seem like they are “normal” or “accepted” in their household, then they will see that as being an acceptable course of action to take in the rest of society as well. Juvenile courts do not offer records that provide an explicit proof of lenience that is based on age, but the sentences offered to kids that are comparable to adult crimes suggest that this is a conclusion one could draw from the data.

d. Reason two Evidence and commentary throughout

At some point, society needs to teach all youth, no matter what their home background may be, that there are actions which are permitted and ones that are not for the greater protection of everyone. Juveniles being tried as an adult is one way that we can begin this lesson.

e. Reason three

f. Concluding/transition sentence

Accountability is something that needs to be instilled at a young age. Understanding that consequences have actions. Owning up to mistakes and understanding punishment is how we as people function as a society and if we fail to privde that to troubled youths, there is no future for improving respect and rehabilitation in the youths today

V. Concluding Statements

a. Bring your paper to a close without repeating anything. Your voice should be heard. This is not a place to simply summarize. With this provided evidence it is reasonable to say that the adult triling system should be the go to format of addressing juvenile convicts.

b. Answer the “so what?” question

i. Reasons for hope, evidence has shown the opposing idea to my chosen statement is harmful.

ii. Collective responsibilities : for the safety of the community and the populous it is immoral to decide juvenile triling as the immediant mandatory

c. Concluding statement needs to make your reading think about your topic – but do not end with a question. You need a strong, definitive statement.

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