...Should juveniles who commit first or second- degree murder receive a mandatory sentence of life without parole? That is a question that many people are asking themselves. This is a very debatable question due to the fact that if a juvenile does change, then he/she wouldn't have a chance at a new life because of the life sentence. I believe they should be granted a second chance, but if they take that second chance for granted, then they should be sentenced to life without parole. On the other hand, there has been cases where a teen who was sentenced to life got a second chance, but decided to take it for granted for being immature and emotionally unstable. Many teens make reckless decisions while growing up, some don't know better but others do. Where I stand in this situation is that juveniles should not be sentenced to mandatory life sentences without parole. Not many...
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...Life without parole is the harshest punishment given to juvenile delinquents. Since minors are still developing, it is argued that life without parole is only used as punishment for extenuating circumstances such as felony homicide. The Supreme Court has ruled that it is unconstitutional to give life without parole to juveniles that commit “non-homicide” crimes (Kaiser 2012). In a recent Supreme Court ruling, a 5-4 vote opposed the mandatory sentencing of life without parole for children ages 18 and under (Savage 2012). This means that state laws need to take age and the nature of the crime into consideration before issuing a life sentence without the possibility of parole. Because of the harsh permanent nature of this punishment, other alternative sentences should be considered when handling juvenile cases. Life without parole should only be used as a last resort based on the individual case. Criminal sentencing is based on the “moral wrong committed” and the debt owed to society (Kaiser 2012). The basis of the law is to gain retribution for the actions, deter future crimes and to rehabilitate existing inmates (Kaiser 2012). Ideally the thought of life without the possibility of parole should be enough to deter anyone from doing a heinous crime. However, many of the prison cells are occupied by inmates with no possibility of parole. This penalty is setting a moral example by making sure that the person is unable to commit the offense again and to decrease the likelihood of...
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...Juveniles should not be imprisoned for life without the possibility of parole! In the Frontline documentary “When Kids Get Life” we are introduced to 5 cases in Colorado where teenage boys had been sentenced to life in prison without the possibility of parole. Over 2,200 juveniles have been convicted of crimes and sentenced to life without parole in the 46 states of which have judicial waiver laws. Nathan Ybanez, Trevor Jones, Jacob Ind, Erik Jensen and Andrew Medina are the teenagers profiled in the documentary. The documentary shows five cases that dealt with felony murder. “The rule of felony murder is legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally...
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...While searching for a recent Supreme Court criminal case, I came across a recent Supreme Court ruling of a case that involved the decision of whether or not it is unconstitutional to impose a mandatory life-without-parole sentence on someone who is under the age of 18 at the time the crime is committed. The case that was brought to the Supreme Court, and that ultimately led to the decision that, yes, imposing mandatory life-without-parole onto a juvenile is unconstitutional, was the case of Miller v. Alabama. In the case of Miller v. Alabama, on the night of July 15, 2003, 14 year old Evan Miller committed a murder and then preceded to set the home on fire of where the murder was committed. He was charged with and convicted of capital murder in the course of arson and given the mandatory sentence of life without parole. What interested me about this case as well as the resulting Supreme Court ruling due to this case, is the fact that it deals with the issue of giving juveniles adult sentences. I personally do not believe that anyone who commits a crime whilst under the age of 18 should receive mandatory life without parole or death sentences, so I am in favor of the new Supreme Court ruling. However I am not saying that just because you are under the age of 18 that you should be let off easy. I still think that some harsh punishment and strict supervision is in order, just not as harsh as the punishment that would be given to adults. Children lack maturity compared...
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...then became much more serious when the fight got heated and Quantel picked up a knife and stabbed Michael twice who later died from the injuries of those stabs wounds inflicted by Quantel. The state of Missouri convicted Quantel at the age of fourteen of first-degree murder with a life sentence in prison without the possibility of parole. The state of Missouri along with many other states do not believe it is actually cruel or unusual punishment to give such a young person a life sentence in prison without the possibility of parole: The state of Missouri considers the age at which he killed his step-brother – 14 – as too young legally to be allowed to sell fireworks, donate blood, leave school, have a tattoo without parental approval, get married, and consent to sex, work unlimited hours, be licensed as a barber, work as a cosmetologist or manicurist, or enter a contract. It was not too young, by state law, to be tried as an adult and sentenced to remain incarcerated forever. (Pilkington, 2012) According to several articles, Quantel Lotts early years of childhood in a St. Louis neighborhood was filled with abuse, neglect and uncertainty so he never learned what exactly a “normal” life was or how to behave in one. He grew up in a crack house with a mother who used and sold drugs. In Lotts' case, court documents reveal that he was sexually abused as a child. When child welfare officials took Lotts from his mother at the age of 8, they noted that he smelled of urine and...
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...As time changes so does the laws for the United States and a critical debate the supreme court has to face. By abolishing mandatory life in prison for juveniles who commit serious degree murder. Now these are reasons why I agree with abolishing this system of juveniles life sentences without parole. I believe these youngadolescents commit crimes because of their environment, the tech/media and the brain not being fully developed. Totally agree with the majority of supreme Court to abolish mandatory life in prison for juveniles who commit murder. The reason why is because many of these young adolescents struggle with life while growing up through their early teenage years. Their actions are what clearly signifies the consequences they commit....
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...Juvenile Crimes and Social Deviance Juvenile crimes have been decreasing since their all-time high in 1994 however the nature of their crimes had been drastically changing for the worse. Social deviance is defined as actions and/or behaviors that violated social norms. Over the past few decades many children have desired to be deviant while others have been forced into it. Petty crimes are becoming more common in today’s society, which is causing kids to have to go to more extremes to be deviant and thus resulting in more severe reactions to this behavior. The cause of juvenile violence is frequently related to one of two things; the child was exposed to violence when they were young or they are trying to fit into a deviant crowd. In 2008 approximately 10% of the children under 18 had been injured in an assault, 46% had been assaulted and 60% had been exposed to violence and/or crime. (Crime Solutions) Children who have been exposed to violence when they were young are more likely to commit crime when they are older. Children who were younger than 12 when they were exposed to the violence or crime are the most likely to commit crimes later in life. (United States Department of Justice) Children who face violence at home are also more likely to become a runaway, which makes it much easier to run into the wrong crowd. There is an increasing amount of children in abusive homes who end up trying to become vigilantes towards the abuser in order to make the abuse stop...
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...as “original jurisdiction” actions, cases from state courts, and cases brought up of reviewable decisions made in federal appellate or district courts ("Supreme Court Historical Society ", n.d.). The case being used for this paper has two separate cases involved, but I will only be using one as a reference. The two cases in which were brought to the United States Supreme Court together are very similar and involve teens being given life sentences without the possibility of parole for committing murder. The United States Supreme Courts case number is 10-9646, Miller v. Alabama. This case was brought to the United States Supreme Court on 20, March 2012, involving two fourteen year old boys, whom were found guilty of murder in two separate cases, and also from two separate states, one being Alabama and the other being that of Arkansas. With in each of these cases one of the boys did the killing and in the other the boy was an accessory to murder. Each boy was sentenced to a mandatory term of life imprisonment without the possibility of parole. One case involved a burglary that ended with the store clerk being shot and killed, while the other involved a case of arson. These cases outlined will test the Supreme Court’s past rulings in the determination of teens not being small adults and...
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...Laurie Mosley Ethics Mrs. Kauffman May 30, 2015 Juvenile Capital Punishment The youngest offender ever executed in the United States was James Arcene, a ten year old Cherokee, who was hanged in Arkansas in 1885 for participating in a robbery and murder (James Austin, 2000). Juvenile capital punishment has always been a highly controversial and publicized matter. As a society we recognize that children, those under eighteen years old, cannot and do not function as adults. Because children do not function as adults, the law takes special steps to protect children from the consequences of their actions and often gives them a second chance. The law prohibits people under eighteen years old from voting, serving in the military, and serving on juries. Majority of the criminals are male offenders over twenty years old, but this is changing rapidly. Not only are adults committing capital offenses, but children who are under eighteen years old are committing such heinous offenses. A child that commits a heinous crime is not mentally capable of comprehending the crime he or she commits. The system of values in the age under eighteen is not built yet, other people can easily influence children, and the psychiatric processes are not yet stable. Under these conditions a child should never be sentenced to death or a life in prison because their mind is not fully developed. Children still have a chance to change and be rehabilitated. ...
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...this felony do you think you deserve a sentence fit for an adult ? , would you accept your fate of mandatory life , without parole ?. The supreme court believes that juveniles who committed murder should not be sentenced as an adult . as a teen Ii believe that you already know right from wrong you know what the consequences of...
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...Fall /2016 Professor John Padgett PS4115 – Juvenile Justice Practice April, 2015 Teen at Center Of Juvenile Crime Debate Trying juveniles as adults is a highly debated and controversial area of concern among law enforcement experts, the criminal justice system, and juvenile advocates. I remember a case that happen in Florida. Lionel Tate was accused of murdering his neighbor child that his mother was babysitting. This was a very highly controversy case, based on his age at the time of 12 years. My case study research was done on the case of Lionel Tate. Lionel was charged with and sentence as an adults to life in prison at the age of fourteen. Lionel Tate, who has been sentenced to life in prison without parole in the wrestling death of his 6-year-old playmate. Under Florida law, Tate faced a mandatory sentence of life in prison without parole for his conviction on first-degree murder charges. Tate, who was 12 when he killed 6-year-old Tiffany Eunick, who faces an adult trial under Florida law had been being punished under strong laws designed to deter other juveniles from committing similar crimes. Some believe that the punishment was too harsh and it would deter other juveniles from committing such crimes. Tate: Case Study of a Failing System? Tate was tried as an adult under a 1981 Florida statute that gave prosecutors discretion as to whether to charge juveniles as adults. Florida is one of 15 states that grant...
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...Juvenile Justice There is an argument between the idea of juveniles being tried as adults and being tried as juveniles. Furthermore, juveniles should be tried as adults only and only if the crime is heinous. Justice Elena Kagan stated that “ Mandatory life without parole for a juvenile precludes consideration of his chronological age and its hallmark features- among them, immaturity, impetuosity, and failure to appreciate the family and home environment that surrounds him- and from which he cannot usually extricate himself- no matter how brutal or dysfunctional. “. She believes that for this reason they shouldn't be tried as an adult.She argues that a juvenile’s upbringing and their environment is a big factor into their decision making. Kagan believes that Greg Ousley didn't mean to kill his parents. That he was only doing it by the actions that his parents treat him. In “Kids Are Kids - Until They Commit Crimes” they discuss how kids are influenced by the violence and negativity displayed on our daily entertainment. Paul Thompson did a study on the adolescent brain and how they are affected. He talks about how teenagers lose brain cells because they are influenced by the risk taking...
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...Juvenile Justice Essay Juvenile should be try as an adult or not is an issue that had been discussed for a long time. There are arguments and reasons that they should be try or they should not. In the passage that was provided, there are both sides of the issue that the majority think that juvenile should not be in adult prison system but the minority think that they should be. In my opinion, I agree with the majority in the Supreme Court and believe that the juvenile should not be put in adult system even though they have committed a serious crime based on variety of reasons like their age and also about the situation that led them committed crime. From the arguments in the passage, the issue is that whether the juvenile should be put in adult prison or not. The Supreme Court had ruled that juveniles who committed a murder could not be sentenced to life prison because it’s violated the Eighth Amendment’s ban on cruel and unusual punishment. I agree with this idea because juvenile even though can commit a serious...
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...Juvenile Justice: A Lost Child in a Failed System I remember one day when I was a child, I was about four years old and my sister was about 10 years old. We were on vacation with our parents in a beautiful resort. Our room was on the 15th floor of the Sea Coast Towers. Before I continue the story I have to make clear, my sister and have always been very close; we were inseparable. Until we read about Christian Fernandez, this story used to be a family joke. I had fallen asleep and my parents were going to take that opportunity to have a quick cocktail at the bar. Apparently I had woken up and began to cry uncontrollably. My sister did her best to try and get me to stop, but how do you stop a cry baby from crying? My sister remembers stepping out to the balcony because of her frustration and looking down; she says that in her head she was telling herself that it was not a long a fall and that I was so chunky that I would bounce. Thank goodness my parents came back to the room before she could entertain her thoughts! I first learned about Christian Fernandez about nine months ago. I was browsing through my AOL news when I saw the headline “Florida Boy to Be Charged as an Adult”. It immediately caught my attention. I began to read the story of a 12 year old boy, Fernandez who was left taking care of his 5 year old brother and his two year old brother. Fernandez pushed his two- year- old brother into a book shelf twice, knocking the toddler unconscious. When...
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...ITT-tech | Juvenile Justice Supreme Court Cases | Project 2 | | Latisha Lipsey | 7/30/2012 | | Juveniles have been committing crimes since the beginning of time, and they were punished has needed. The problem in today’s world is the youths are starting to commit more crimes, then decades ago, and another issue is how to punish a juvenile for the crime they committed. There are several landmark juvenile cases that were decided by the U.S. Supreme Court. The first three cases, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970), are considered to be three biggest cases which opened the doors for the juvenile litigation before the U.S. Supreme Court (Champion, 2010,2007,2004,2001,1998). When the Kent case was decided in 1966, it was much easier for the U.S. Supreme Court to impose its vast precedent setting powers on juvenile courts in all jurisdictions. Then there was other cases including Breed v. Jones that granted various constitutional rights to juveniles (Champion, 2010,2007,2004,2001,1998). In today’s world juvenile courts in all jurisdictions have moved away from traditional approaches to juvenile offending and punishment and onto due process commensurate with adult offenders. The presence of an attorney in juvenile courts is more of a rule then an exception (Champion, 2010,2007,2004,2001,1998) . The history of the evolution of the legal rights of juvenile offenders began in the 1960’s, the Supreme Court required juvenile courts...
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