Juvenile Crimes

A juvenile is defined as not yet adult; young, childish, immature. In the United States, definitions and age limits of juveniles vary. The 16-20 year old age group has one of the highest incidences of serious crime (ojjdp.org). In 1994, juveniles accounted for 19% of all violent crime arrests in The United States. Although juvenile arrests for violent crimes declined 3% from 1994-1995 (the first decrease in almost ten years), the number of juvenile violent crime arrests in 1995 was 67% above the 1986 level. Among juvenile offenders, males make up 85% of the total arrests for violent crime index offenses (Colorado.edu). Females make up 34%. Boys ages 12-17 are one and a half more likely to be victims of violent crimes than girls. Minorities play a key role in juvenile crimes. African American juveniles were six times more likely than Caucasian juveniles to be victims of homicide in 2002.

Between 1996 and 2000, the number of female juvenile arrested for violent crimes such as murder, robbery and aggravated assault increased 25% with no increasing arrests of male juveniles for the same offense. Female juvenile arrests for property crimes such as burglary, motor vehicle theft and arson have increased 21% while male arrests decreased 4% (Hoffman, 2001). Female involvement in crimes has evolved into a significant trend. However, young females are far less likely than males to violate the law. Some of the contributions to the increase in female delinquency are that female delinquent behavior is related to weak bonds with parents and school. Most female violent behavior is learned behavior and so unfortunately violence is the only or the most effective way to achieve status, respect and other social and personal needs. The initial causes of violence are found in the early learning experiences in the family which includes weak family bonding and ineffective monitoring and supervision. Involvement with delinquent friends is the strongest and most immediate cause of serious violent behavior for females. It is within this group that violence is encouraged. The problems encountered by an adolescent female at school causes stress and conflict. If supervision and monitoring are not available to help the female, the likelihood of violence will occur (Barbour, 1999).

When a juvenile commits a crime, the court where the juvenile will be in becomes a factor. Some juveniles are held in a juvenile court while others are waived and sentenced to an adult court. The organization- Prosecutors of America (POA) agree that juveniles should be tried in adult courts. The organization believes that allowing the juveniles to be released after spending a few years in juvenile correctional facilities would be a crime in itself, to the victims and to society. The maximum punishment that criminals prosecuted as juveniles can receive is time at a juvenile correctional facility until age 21, regardless of their age when they committed the crime. POA feels that for a 17 year old murderer to serve a maximum four year sentence would be not only an insult to the victims but also a hazard to society. Under this policy, young offenders could be back on the streets at the age of 21 ready to commit more crimes. POA believes that longer and harsher sentences are possible only through the adult criminal justice system. Allowing juveniles who commit violent crimes to serve short sentences in juvenile correctional facilities simply doesn't do justice to society and to the victims involved. POA gives examples of why juveniles should be tried in adult court. For a young man who repeatedly stabs a classmate, for two minors who premeditate a violent sex assault and robbery, for a 17 year old serial sniper who shoots innocent people and for juveniles who commit serious brutal crimes, a few years at a correctional facility is an unjust punishment that fails to serve the victims and safeguard society from danger (ojjdp.org).

Prosecutor James Backstrom of Dakota County Minnesota said adult courts are a suitable alternative to juvenile courts. Youths convicted of homicide in juvenile courts often serve only a short sentence before they are released. "When talking about violent crime by kids 16 and 17 years old, they should be prosecuted as adults. You can't have a system that looks at the best interests of a child when these kids are not committing minor offenses-they're committing murders." (Colorado.edu).

The organization that is against trying juveniles as adults is The Sentencing Project (TSP). The Sentencing Project is a national non profit organization which promotes sentencing reform and the use of alternatives to incarceration through program development and research on criminal justice issues. TSP suggests three questions that should be asked in discussions about trying juveniles as adults. First, at what age does an individual become competent to stand trial that is competent enough to participate effectively in his or her own defense? Second, at what age does an individual reach the level of adult responsibility and culpability that is a level of maturity sufficient to appreciate the wrong of his or her actions and accept responsibility for what has taken place? Finally, at what age do individuals cease to be good candidates for rehabilitation? These three questions all lead to the problems that TSP feels juveniles have when prosecuted as adults.

New transfer laws and prosecution policies have resulted in many more children being prosecuted as adults. It is estimated that more than 200,000 children a year are now prosecuted as adults in criminal court (Hoffman, 2001). The problem is that children who are transferred to adult court are disadvantaged in comparison to juvenile court. Children prosecuted in criminal court are at a disadvantage compared to adults in the same courts. Some trial experience sows how this is so. At arrest, children readily "confess" to police and to over implicate themselves. Children appear to contradict themselves in the statements they give and as a result are easily "impeached" or confused when questioned before a judge or jury. At bail or bond hearings children who are rarely employed and seldom own property are often held on low bail amounts which most adults could more easily pay. In crowded probable cause and preliminary hearing courts, public defenders or assigned counsel seldom spend sufficient time with their young clients who have difficulty remembering names and addresses and sorting out facts that are important to the adults defending their case. In trial preparation, interviewing children takes more time than adults. Many attorneys do not have the time required. Children frequently eliminate information they think is damaging and exaggerate whatever they think helps. They try to protect parents or elders. POA would think the complete opposite