JuvenileJusticeEvidenceBasedArgumentSet 2
JuvenileJusticeEvidenceBasedArgumentSet 2
JuvenileJusticeEvidenceBasedArgumentSet 2
Introduction
A
student
is
researching
the
criminal
justice
system
in
their
state,
and
has
located
four
sources
to
answer
the
following
question:
Background
In most states, an 18-year-old is automatically sent to the adult criminal system. Younger offenders are usually
handled in the juvenile court system, which has a greater emphasis on rehabilitation and treatment. But all states
and the District of Columbia allow some juvenile offenders to be transferred into adult courts.
Source
A
The overwhelming majority of juvenile crimes, from petty vandalism to violent homicide, are handled
by the juvenile justice system, not adult courts. The separation of the two systems is because of the
recognized differences between juveniles and adults, and offers juveniles greater opportunities for
forgiveness and redemption. Juvenile courts exist, in large part, to rehabilitate youth who’ve done
wrong.
But that’s not possible or appropriate in every case. Some juveniles commit crimes so horrible that
justice could not be carried out in the juvenile system. Other crimes, and their perpetrators, have
qualities that should require adult punishment.
One example of this was 16-year-old Sarah Johnson’s plot to murder her parents and pin the crime on
an intruder. Her case was transferred to adult court, and Johnson was convicted and sentenced to life
in prison.
A key to providing appropriate punishment across a wide range of cases is the transfer process. The
transfer process refers to how the decision is made to move a juvenile to adult court. In some states,
judges make this decision. In others, certain crimes (like murder) automatically move a case to adult
court. This is how we separate out the few crimes committed by juveniles that deserve adult trial and
punishment.
If we take this option away, or restrict the sentences juvenile offenders can receive, it would be
impossible to provide justice in every case. Adult punishments should be available for juvenile
criminals, even if only in the most severe cases.
Adapted From: Stimson, Charles D. “Opinion: Adult Punishments for Juveniles.” NY Times, 9 December,
2015.
Source
B
*Intellectual
ability
refers
to
how
well
a
person
can
reason,
plan,
think,
and
communicate.
*Psychosocial
maturity
is
measured
by
reduced
impulsivity,
improved
risk
perception,
future
orientation,
and
resistance
to
peer
influence.
Source:
Heidi
Mueller,
Executive
Director,
Juvenile
Justice
Commission,
Illinois
Department
of
Human
Services.
Retrieved
From:
http://www.dhs.state.
il.us/page.aspx?item=64924
Source
C
Should the U.S. Justice System Treat Juvenile Violent Offenders as Adults?
YES NO
• The end result of a crime is the same, no • The juvenile prison system can help kids turn their lives
matter the age of the person who commits around. Juvenile prisons are much better at rehabilitation
it. Our justice system has to hold people than adult facilities – a young person released from a
accountable for their actions. juvenile prison is far less likely to re-commit a crime
• Harsh sentencing can act as a deterrent to than someone coming out of an adult facility.
kids who are considering committing • Children don’t have the intellectual or moral ability to
crimes. understand the consequences of their actions.
• Light sentences do not teach kids the • Judgements are not fairly applied. Statistically, black
lesson they need to learn: if you commit a juvenile offenders are far more likely to be moved to
terrible crime, you will spend a adult courts (and serve adult time) than their white peers
considerable part of your life in jail. who’ve committed similar crimes.
Source Adapted From: Reaves, Jessica. “Should the Law Treat Kids and Adults Differently?” Time
Magazine. 17 May, 2001.
Source
D
Source:
Parker,
Jeff.
“Tall
Enough
for
Prison”
Florida
Today.
2007.
Source
E
Some
Juvenile
Killers
Deserve
Adult
Justice
Our
juvenile
justice
system
is
not
our
criminal
justice
system.
Its
design
and
goals
are
different,
and
it
is
staffed
by
dedicated
and
committed
professionals
who
breathe
life
into
its
goals
of
balancing
the
best
interests
of
the
community
and
the
best
interests
of
the
child.
Many
young
offenders
are
diverted
from
the
juvenile
system
before
they
enter
it.
Others
are
brought
into
the
juvenile
system
because
they
need
enhanced
supervision
by
the
courts
and
increased
services.
All
young
people
in
the
juvenile
justice
system
are
protected
by
strict
standards
of
confidentiality
that
prevent
juvenile
mistakes
from
carrying
lifelong
consequences.
However,
Some
juveniles
commit
crimes
so
serious,
so
heinous,
that
public
safety
mandates
–
and
justice
demands
–
full
accountability
in
our
criminal
justice
system.
There
are
those
who
argue
this
is
unfair
and
unjust.
They
say
the
juvenile
brain
is
not
fully
developed
until
well
into
the
20s.
Therefore,
they
tell
us,
a
juvenile
should
not
be
held
to
the
same
standards
as
an
adult
offender.
Experts
calling
for
reform
say
that
three-‐quarters
of
adolescents
lack
the
decision-‐making
abilities
of
an
adult.
However,
this
means
that
one-‐quarter
of
juveniles
can
function
in
a
manner
very
similar
to
adults.
The
experts
also
acknowledge
that
they
cannot
apply
the
general
concepts
of
the
juvenile
developing
brain
to
any
one
specific
individual.
It
is
clear
that
a
developing
adolescent
brain
does
not
prevent
deliberate,
thoughtful
actions.
It
cannot
be
an
excuse
for
unspeakable
behavior.
It
cannot
be
used
as
a
basis
for
sweeping
reform
of
the
juvenile
system
or
to
challenge
the
propriety
of
addressing
the
most
serious
crimes
in
our
criminal
justice
system.
Source:
Weir,
Peter
A.
“Some
juvenile
killers
deserve
adult
justice.”
Denver
Post,
19
November,
2013.
UNIT
4
EBAS
–
Should
courts
punish
violent
juvenile
offenders
as
adults?
Name:
_______________________
Sourcing
Questions
Peter Weir, author of Source E, has served as a District Attorney in Colorado since 2012. In this position, he
works for the prosecutor’s office and is in charge of bringing evidence before Grand Juries.
______ 5. How might the information provided above influence the perspective of Source D?
A. Since he works for the prosecutor’s office, he would of course be in favor of harsh punishment for
juvenile offenders
B. Since he works in the prosecutor’s office, he would of course be against harsh punishment for
juvenile offenders
C. His job is to prosecute juvenile crimes, so this influences what he would write.
D. Since he works for the government, we know his writing is reliable.
Assume
that
the
information
provided
in
Sources
A,
B,
C,
and
D
is
credible.
Complete
the
following
extended
response
question:
Should
courts
punish
juvenile
offenders
as
adults?
• Develop
a
claim
in
response
to
the
question
• Cite
evidence
from
the
provided
sources
to
support
your
claim
• Use
your
knowledge
of
government
in
your
response
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