Should juveniles be tried for crimes as adults?

1277 days ago by
35 comments

By:  LINDSEY O’NEILL, ESQ.

A rising number of juveniles under the age of 18 are not only being charged for crimes as adults, but are serving in adult jails and even serving life sentences.  Every state has some mechanism in place that allows juveniles charged with certain crimes to be tried in criminal court as adults. Thousands of children annually are even being “automatically” transferred to adult criminal court.  Much of the change in the laws over the past few decades making it easier to try youths as adults has been in part due to the increase in juvenile crime and public outrage over particularly violent crimes and repeat juvenile offenders. The most common increases in juvenile crime have been noted with respect to gang violence, school shootings, increases in drugs in youth neighborhoods, and even increases in bullying among peers. 

A 1998 report by the Bureau of Justice Statistics, Juvenile Felony Defendants in Criminal Courts, surveyed juvenile case processing in the nation’s largest urban counties, found the following:   

  • An estimated 7,100 juvenile defendants were charged with felonies in adult criminal court in 1998.
  • In criminal courts in these 40 counties, juveniles (64%) were more likely than adults (24%) to be charged with a violent felony.
  • These juvenile defendants were generally treated as serious offenders, as 52% did not receive pretrial release, 63% were convicted of a felony, and 43% of those convicted received a prison sentence.
  • States have expanded the mechanisms by which juveniles can be charged in criminal courts. In 1998, statutory exclusion was the most common method (42%) used to charge juveniles defendants compared to the more traditional use of juvenile waiver (24%).
  • About two thirds (66%) of the juvenile felony defendants in the 40 large counties were convicted, either of a felony or a misdemeanor. Of those convicted, 64% were sentenced to jail or prison as the most serious penalty. The average prison sentence received was 90 months.
  • In 1998, in the 40 counties, 62% of the juvenile felony defendants were black, 20% were white, 16% were Hispanic, and almost 2% were another race.
  • Two-thirds of juveniles prosecuted in criminal courts were charged with a violent felony offense including robbery (34%), assault (15%), and murder (11%). About a sixth were charged with a felony property offense.  For the remainder of juveniles in
    criminal courts, the most serious arrest charge was a drug (14%) offense.

There is debate, however, about whether or not juveniles should be so readily charged and tried as adults.  One of the arguments for reversing this trend is that it simply doesn’t work.  Studies show that transferring juveniles to adult court is not an effective deterrent of further criminal activity.  See:  Juvenile Transfer Laws: An Effective Deterrent to Delinquency? The Sentencing Project, a research and advocacy organization promoting treating youth offenders in juvenile court, authored commentary on this subject as well, Prosecuting Juveniles in Adult Court: Perspectives for Policymakers and Practitioners, concluding that adult courts are inappropriate and unjust settings for juveniles. 

Some states have innovated alternatives to simply trying juveniles as adults, including “blended sentencing” programs, which, for example, allow youth offenders to be incarcerated in the juvenile system until the age of majority, followed by a period of adult incarceration or other sentence.  One theory behind the use of “blended sentencing” could be that the objective of adult incarceration is aimed more at punishment, whereas the goal of juvenile detention leans more toward rehabilitation and rehabilitating juvenile offenders is in society’s best interest.

You can learn more about juvenile crime by visiting LawInfo’s Free Legal Resource Center.  For assistance in defending against a criminal charge against a youth, contact an attorney in your area today.

  • Alexis

    i agree

  • Alexis

    I understand that all kids are going to go through their “bad stages” where they act out and do bad things, but when they do certain things there is a certain way of punishing them. When you hear about under aged children robbing drugstores at two o’clock in the morning, or young kids fighting a lot in school, or children stealing from their neighbors, you begin to wonder where this child’s parents were when they were doing this. And how this young child was raised, and whether or not they were raised in a proper home. The child could have been neglected at a younger age so therefore they felt they needed to act out to get attention from his or her parents. Or maybe the child’s parents were no longer in the picture, so the only way to get by in life was to steal. Youthful offenders are not as cognitively developed or mature as adults and, therefore, should not be held accountable for their crimes in the same way that adults are. Whatever the case may be a child should not be blamed fully for the actions they decide to carry out because they came from a broken home and have no other way to express their feelings. There are certain ways to punish a child for the certain actions they carry out.
    When I was a sophomore in high school, two of my friends were charged as adults for making “hash muffins”. They baked marijuana and laxatives into three dozen muffins, and delivered them to another school and placed them into the teacher’s lounge. This was supposed to be a senior prank, so this was the reasoning for putting them into a different schools teachers lounge. About two days later, the police showed up at our school asking to see the two kids who delivered the muffins to the school. Apparently there were two people who had to be hospitalized and one elderly lady almost died because she was allergic to the laxatives that were used. Charges were pressed against both of my friends and they were sentenced to ten years in prison each. One of my friends Ian who was involved in this had never been in trouble before with the law. So because of this prank gone bad he no longer will have the opportunity to do or make anything of his life.
    There are other young kids who do different things that require harsher punishment sentencing. However, I don’t think that it’s right that juveniles be charged as adults. What if it is their first offense? Or what if it was an accident? Or what if they are not mentally stable to realize what they are doing is wrong? They shouldn’t be charged as adults just because they did something wrong.
    On November 19th, 2008, an 8 year old boy was charged as an adult for shooting his father and his father’s friend. See. This boy is eight years old, the first question that should come to everyone’s mind is where he learned how to hold, shoot, and load a gun. If the boys’ father was the one who taught him how to hold, shoot, and load a gun, then no one is to be blamed but the father. Also another question that should come to everyone’s mind is, what could this father have possibly done to make his eight-year-old son want to kill him? This little boy still has his entire life to live ahead of him, but because he is charged as an adult he will never get to go to high school, have a girlfriend, go to college, get a job or even start his own family one day. It is not right that this little boy is being charged as an adult for his first crime, he should at least be put in a juvenile jail for a few years to see if he changes for the better. However, he should not be charged as a full adult.
    According to Laura H. Carnell, professor of psychology at Temple University in Philadelphia, and director of the John D. and Catherine T. MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice, harsh punishments may actually increase the chance of future criminal activity. Therefore, juveniles should not be charged as adults, because they have time to change and become better people. Unlike adults who have already lived their life, juveniles have a chance to become a totally different person.

  • Mike

    i think they should,they wanna do an adult crime then they should be tried as adults

  • Paul

    what exactly is an adult crime?

  • Anthony

    first of all a crime is a crime there is no difference between adult and juvenile crime. it is all the same. i agree juveniles should not be tried as adults because they might not know the severity of the crime. No juvenile should recieve life without parole. that is not giving them a chance to fix themselves.

  • http://none Lauren

    There is no shuch thing as an “Adult Crime” a crime is a crime. But juveniles don’t always know the extent of the crime they have committed.

  • nicole cash

    i believe he should be punished somehow but i beleive that kids of the age of 13 to 17 should be charge as adult crimes and punished just like adults because a lot of them no better

  • Lisa

    Of course kids should not be charged as an adult, They are only kids . Juveniles don’t know wrong from right because your brain isn’t fully developed until 23. They can not go into a store to purchase cigarettes until 18 and alcohol until 21 so why treat them as adult for a crime done at the age if 16.

  • Lisa

    Of course kids should not be charged as an adult, They are only kids . Juveniles don’t fully know wrong from right because your brain isn’t fully developed until 23. Juveniles can not go into a store to purchase cigarettes until 18 and alcohol until 21 so why treat them as adult for a crime done at the age of 16?

  • yari

    Ok their is some reasoning for kids not to be charged as adults. I also understand that kids go through alot in life because some parents just dont give a f*** but it is not right for their kids to be commiting murders or other crimes. For someone to only get a could of months in juvenile hall when they beat and stabbed my brother unconscious is defenatly not ok because when they get out they will continue to commit crimes and it may be even bigger crime. So in this case i do agree with juveniles being tried as adults!!!!!

  • Brittney

    Now would that include murder? they know its wrong and if you were a counsel you would let them get a way with it? that would be like me saying child abuse is okay

  • Brittney

    that would be like giving them a pat on the back for a crime they commited now if it was your child who was killed or shot and stabbed to death by another child wouldn’t you want that non mature brained kid locked up?

  • Brittney

    I definitley agree with you people put it as children are incapable of doing things adults do and “not know” what they are doing because they are only children please most children where i live are smoking weed at age 9.

  • Brittney

    I think that juveniles should be tried as adults because they can have the mental capabililty of their own age and still know that what they are doing or did was wrong maybe 10 years and up yes they deff. should but 9 and younger thats a different story

  • Versace

    But juveniles should have knowledge of hwat there doing, what crimes not to do, they should already know all theses things by the age of 8 and over, like seriously!

  • johana

    I dont think that a juveniles should be tried as adults becuse at that moment. when they do the crime they are not thinking about what they just have tom.just think about it if it was your kid would you like your kid to be in a jail cell with adults that have tom something more bad them your kid? just think about it

  • anonmous2

    i think that they shoundnt . because even though we no better. there could be a cetain teen facing all sorts of issues .

  • JUSTICE

    COME ON PEOPLE!!!! IF SOME LITTLE 13 OR 14 Y/O SHOT UP THE SCHOOL BECAUSE HIS GF LEFT HIM OR HET KILLED HIS LIL BROTHER BECAUSE HE WASNT GETTING ANY ATTENTION HE SHOULD STILL WALK BECAUSE HE IS UNDER 18???????? I DONT THINK SO. YOU DO THE CRIME YOU DO THE TIME STILL STANDS WITH ME

  • Sharde’

    i dont feel that juveniles should tried as adults,, things happen and people make mistakes but lockin them up forever will not give them a chance to at least try,, thats the problem will always critrizing instead of giving guidances…wanna just up and give up just b/c what happen look at it as if it was your child r even you,, you want to prove that you can improve yourself and want anutha chance in life so dont be so quick to give up b/c yoou are no betta than the next it couldve been you,, some r really willing to change like for real dont just up and take they life away that quick at least try and work something out with them

  • frieda

    life is about making mistakes and also about learning from them in the best,most effective and vivid way possible…….and if juveniles should be tried as adults for crimes then so be it. but before that they do so,they ought to go for some sort of counselling program before they are tried for any crimes…. i wont deny that this is a mitigating circumstance which needs to be curbed if not alleviated completely.

  • frieda

    i agree…..they are taught about these stuff at schools if not at their homes

  • frieda

    one doesnt need to know the extent of a crime in order to decide whether to commit it or not….a crime is a crime…i mean,a five year old can swear just as bad as a 35 year old adult…but of course,the punishment differs for both.

  • frieda

    sharde you have made a really really good point….but how will someone change for the beta if they are not made to really realize that what they have done is unacceptable???

  • liz

    well in my point of view i do think they should be charge as an adult if they have killed or domestic violence but for other things would be so different…

  • lil’art

    i also agree because if the youngs keep commiting adult crimes, they should be treated like adults cause there not dumb, theres nothing wrong with prosecuting an young adult for adult crimes because they know right from wrong

  • Ana

    I completely agree with this. Without a doubt, I believe the same thing— that juveniles should be tried as adults for murder. On the other hand, I think for crimes of lesser degree— like burglary or auto theft— then that is when they should stay in the juvenile system and have a chance at rehabilitation. I mean, I am most certainly not condoning any criminal act, but I do think the consequences for murder indefinitely should be treated the same as adults, no matter what the age is. People who have the intentions of killing should have no lesser sentence than life. For my English class, I actually wrote about this topic for my research paper and all of the cases I read about juvenile offenders, most of the youths had an intention of killing and a majority of them also new how to handle a weapon.

  • JDinGA

    You are right Lauren, there is no such thing as an “adult crime”, but juveniles know that serious crimes such as stabbing, shooting, murdering someone, etc is wrong and they will be punished to some extent for it.

  • JDinGA

    I agree with you Brittney

  • Tammy Krueger

    Children are just that, children !, they should be dealt with in the juvenile system. How does anyone expect children to control behaviors that so called adult are not able to control? There are no doubt youths that have mental issues and might not be able to be rehabilitated, but again, they should be dealt with in the juvenile system. The Caifornia Youth Authority can detaina minor until the age of 25, if at that time the juvenile has not shown improvements in his/her behavors then it would be acceptable to put this individual into the adult system. My god, our so called adult system gives rapest, child molesters chance after chance after chance, until they do kill somebdy, and we as society think locking up a child for life is acceptable?

  • Snarky

    Don’t be too quick to say that any kid who commits a horrible crime like murder should receive a maximum adult sentence. A child might be able to commit a horrific crime like murder, and even know that it is “wrong to kill.” But not all children fully understand their feelings of “wanting someone dead” what the finality of death and the severity of the crime really is. Forever is a lot longer than a child is aware of. Some kids are also unable to control their emotions. I just feel that not everyone who kills is “evil.” Some of those people are very mentally ill, even just at that time in their lives. Some people commit murder as a teenager but then they are rehabilitated and never do anything like that ever again. Some kids are subjected to abuse and horrible situations and never think of killing someone. But some other kids are different because not everyone handles themselves the exact same way or is affected the exact same way when they endure bad situations. But I think each case must receive proper examining to determine whether the offender is able to be rehabilitated or not in time, if the kid is evil or disturbed. But I don’t think it’s right to treat all cases the same and charge all juveniles as adults when crimes like these occur. A person under 21 cannot buy cigarettes or alcohol in the United States. A person under 18 cannot vote or drive a motor vehicle. All of these laws exist for a reason: Because the law has determined that persons under those ages are simply too young to possess the proper judgment it takes to handle those things. So what makes the law believe that kids can be fully responsible and understand the severity of committing murder? There is a long list of things that people under the age of 18 are not allowed to do by law, and if it is deemed that kids are not ready for those things, then I don’t see how ALL kids can be deemed able to grasp what they’ve done, the permanence of the crime, and a life sentence or death row. I just don’t think that “an eye for an eye” should always be applied when it comes to juveniles being given adult sentences. Some kids can be retrained, some can’t. But it will take some real analyzing from professional psychiatrists to know and help the judge to make an ethical decision.

  • Tina

    in this situation i believe that only some juveniles be tried as adults, like in case, for those that kill in cold blood murder.. But as i was reading earlier posts, i believe that many expect children to mature at the age of 13 or 14. Cant any of you remember when you were 13 or 14, your mind state is still that of a young kid, and today, many children aren’t even mentally growing, but more physically. thier mental capability is to do go with the flow, and not to feel left out. Many of the juveniles that do horrible crimes and are charged as adults do this in numbered groups, hence the rise in gang violence in teens. Juveniles also reflect of what they learn and are accusomted too, many of these juveniles that do become charged as adults come from the streets or from dysfunctional homes. i believe that many of the juveniles that are charged with the serious ness of an adult should fully understand what it means. They needs to understand what they have done to thier victims and what they have now done to there lives and futures. rehabilitation is the main key with juveniles, cant teach an old dog new tricks..

  • Yaya

    It’s so easy to say lock them up and throw away the key. That is really not the answer. Most kids really dont know whats going on at 12, 13, 14, they just want to fit in. im not saying all but most. And not all kids doing life have committed murder. Some are doing life for being in the car or the look out in a robbery gone bad. I believe in giveing a second chance especially to a child. I know its not easy to think of the person who took a life being given another chance at life. But im speaking from a personsl expierence. My family member was taken by a thoughtless kid who was just trying to feed his little sister. In return another family member of mine took his family members life. An eye for an eye as people say. In the end no one won. A kid in prison for the rest of his life and a brother doing 25yrs. Not that I dont want my brother to come home, but how is it a grown man gets the option of going to trial or take a 25yr sentence for a speedy trial & a kid gets no choice. Didnt even know he got life until he left the court room. I have forgiven and I have joined the fight to give juveniles a chance at parole. If they get sentenced as adults they should get a chance parole at 15 20 25 years like adults.

  • aa

    an adult or grown up know what wrong or right but they commit crimes but a kid lears from wat the see and are thought and instead of ending there lives we sould try to fix the problem!!!!!!!!! so if you can say your perfect then you can judge but i’ev have not meet one yet …..!

  • Thoughtful

    The brains of the children havent fully developed, and children do things based on emotion. If a kid throws a temper tantrum, you would know that he/she were doing that to get attention and that they haven’t matured enough to realize thats childish and unacceptable once they become more mature.

    Now, for those who believe that, if a child murders someone, they would “walk free” and would not face the charges of that of an adult. Well, if by “walking free” you mean hundreds of hours of possible juvee, rehabilitation and counseling, then i believe it to be a fine course of action for those whose mind has LITERALLY not fully developed.

  • mia

    Parents does take a major part in a child life and parents can raise their child the right way but when you have to let your teen go up and and get out their in the real world. Parent can not be with their child every step of the way and what I mean by that is school, playing outside, friend house and letting their child walk to the store..ect Teens has their own mind whether it’s mature or not teens are thaught at school, home, center, doctor office, T.V and ect that committing a crime is serious and if you do the crime you will do the time. Teens are not dumb nor confuse about what is what. Teens are actually one step a head of some adults and their parents. Another thing is parents has no clue of their child behavior when their outsside of the home. Teens should be charged as adults when it come to certain extent such as murder, rap and drug abuse.

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