Juvinlies Should Not Be Treated as Adults

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Table of Contents

Introduction
Opposing view
Supporting arguments
Conclusion
References

Introduction

Before delving into the debate concerning whether juveniles should be treated as adults in a criminal cases, it is critical to have a basic understanding of basic themes first. The term juvenile is used to refer to criminal offenders who are below the age of 18. In some states in the US, juvenile age is set a little higher or lower than 18 years (Gardner, 2011). This young age is used as a restraint when prosecuting juveniles in a case that an adult would normally be placed. Indeed, juvenile cases usually attract lesser punishments compared to sentences passed on adults. The question is whether juveniles should undergo similar judicial process as the adults or they should be treated differently. This paper argues that trying juveniles in the same manner as adults is not a deterrent to criminal activities as it might harden the hearts of the children so convicted.

Opposing view

A crime should be considered as such, no matter who the offender is at that particular time. This understanding is the one that motivates criminologists to suggest that the whole juvenile delinquency system must be overhauled to allow for one judicial process that does not differentiate between an adult and children. According to Gardner, “this pointer overrides the present juvenile system completely” (p. 114).This is because, the law requires the establishment of juvenile courts since children cannot stand trial in the same way that the older people are prosecuted. The following points will show that doing away with the juvenile delinquency system might not be a popular idea. Indeed, even simple logic can prove that a child cannot be treated the same an adult (Crofts, 2002).

In most cases, children are found to commit crimes at a very young age, may be at 9 or 10 years (Crofts, 2002). Sociologists argue that for a person of this age, it is not likely for them to know or to have the mental capabilities to act like a normal adult. An adult can sit with another adult, conspire, and arrange how to conduct a criminal activity. Adults can go to greater heights and travel across borders to plan and execute their plans. In addition, they can bribe their ways in order to conceal their criminal activities. On the other hand, it is not possible for children to know how to plan and carry out their schemes. They do not have resources to conceal their ways. Therefore, putting them at par with adults is an injustice and a misunderstanding of a simple concept.

Supporting arguments

According to Gardner (2011), children become mature after their adolescent period. It is after this period that children are able to understand and appreciate values held by society. Moreover, it is after this period when they have had some education, which enlightens their minds as to what are crimes and the requisite consequences for those who engage in anti-social activities. It takes time for children to overcome peer pressure, lack of direction or purpose in life as well as impulsiveness (Crofts, 2002). During the adolescent stage, children do not have any major responsibilities and can engage in carefree activities. Indeed, some people have big dreams when they are young. Surprisingly, these dreams are set aside after adolescent when reality dawns. Therefore, to equate children with adults in carrying out criminal justice is both improper and unjustifiable. There is a need to evaluate the causes that lead children to criminal activities (Crofts, 2002).

Psychologists argue that the main cause of juvenile delinquency can be traced back at home where the main culprits are parents. They argue that it is the responsibility of the parents to teach their children how to live in harmony with one another. The parents should teach their children what they should handle and what they should not.

Treating children as criminals might also harm their development, both socially and psychologically. Criminalizing a child at the age of, say 10 is not likely to produce a good result for the child or society (Crofts, 2002). At such an age, children might not be able to comprehend the extent of damage that they have caused society. To them, it might be a small issue, and if they are punished like adults, they might feel mistreated. As a result, it is likely for them to develop bitter feelings towards society. Additionally, children might accept the label of criminal in their minds; yet, the psychological trauma that comes from those around them may prove to be hard to bear. This is because; children who are labeled criminals are likely to be treated worse by those near them, such peers, parents, and even teachers. Worse still, the consequences of putting the children in prisons with hardcore criminals might be counterproductive, as they will be sharpened more into criminal activities Dunkel, 2009). All these endeavors will make the child’s situation worse and more so increase their chances of becoming dangerous criminals.

Conclusion

In summary, children should not be treated like ordinary criminals. In addition, they should not be punished in the same manner as adults. Society should appreciate that children who commit crimes are victims of circumstances. Indeed, society should address the circumstances that lead to criminal behaviors instead of punishing people who have little knowledge about their actions.

References

Crofts, T. W. (2002). The Criminal Responsibility of Children and Young Persons: a comparison of English and German Law. New York: Ashgate.

Dunkel, F. (2009). Reforming Juvenile Justice. New York: Springer.

Gardner, T.J. (2011). Criminal Law. New York: Cengage Learning.

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Juvinlies Should Not Be Treated as Adults

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