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SUNY Ulster

CRJ235

Chapter 10 Juveniles In The Criminal Justice System

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Often times Justice can have a particular perspective on how the Constitution should be interpreted, and two highly qualified jurists can come to opposite conclusion on exactly the same case. Most 5-4 cases are good examples of this. What factor or perspective best describes how we can have this diametrically opposed position of top scholars and jurists? Taking the Roper v Simmons 543 US 551 (2005) case the Rehnquist Court produced some spirited but opposite conclusions by justices. It was a 5-4 Court, with Kennedy writing for the majority. Choose one of the Dissenting Justices and compare the reasoning or perspective between these two giant legal minds. Can you offer an explanation that would reconcile the divergent opinions? Are they really on opposite sides of the issue? Or are they simply following a particular process to determine their vote? PLEASE EXPLAIN WHETHER YOU AGREE WITH MY CLASSMATE RESPONSE TO THE ABOVE QUESTION AND WHY? (A MININUM OF 125 WORDS) CLASSMATE’S POST In the Roper v Simmons case of 2005, Chief justice Anthony Kennedy gave the deciding vote to stay the execution of Christopher Simmons because of the Eighth Amendment cruel and unusual punishment clause. Because the offender was a minor at the time of his crime, the majority voted to overturn the death penalty sentence in favor of life in prison without the possibility of parole. Kennedy decided to promote the people’s opinion that a minor should not face execution even after committing a capital crime. He argued that a 17-year-old is not mature and behavioral patterns at that age can be persuaded or programmed to do things that his/her matured mind would not do. A dissenting judge, Chief Justice Scalia believed there were conditions and cases where a minor should be held accountable for his/her actions. He argued the Eighth Amendment cruel and unusual punishment clause should not protect minors in cases of extreme and calculated behavior. Because Simmons planned the attack on his victim and later bragged to others about the murder, Scalia believed immaturity was not the case, and capital punishment would fit the crime committed. ...

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Most of the approximately 2,500 individuals sentenced as juveniles to life without the possibility of parole now have a chance for release in the wake of recent Supreme Court decisions. The choice to allow teenagers to receive the harshest available sentence is not shared among all states. Eighteen states have banned life sentences without the possibility of parole for juveniles; in a handful of other states, no one is serving the sentence. Following the 2012 U.S. Supreme Court ruling in Miller v. Alabama, states and the federal government are required to consider the unique circumstances of each juvenile defendant in determining an individualized sentence. Montgomery v. Louisiana,2 a 2016 decision, ensures that the decision applies retroactively. For juveniles, a mandatory life sentence without the possibility of parole, is unconstitutional. Research on adolescent brain development confirms the commonsense understanding that children are different from adults in ways that are critical to identifying age appropriate criminal sentences. This understanding – Justice Kennedy called it what “any parent knows”3 – was central to four recent Supreme Court decisions excluding juveniles from the harshest sentencing practices. The most recent, Montgomery, emphasized that the use of life without parole (mandatorily or not) should only be reserved for those juveniles whose offenses reflected “irreparable corruption,”4 a ruling that Justice Scalia (in dissent) wrote may eventually “eliminat[e] life without parole for juvenile offenders.”5

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Juvenile Justice System Comment by Jamie Price: Good job with the title page Chalyne A. Arvie CPSS235 26FEB2018 JAMIE PRICE Running head: JUVENILE JUSTICE SYSTEM 1 JUVENILE JUSTICE SYSTEM 7 Juvenile Justice System Juvenile Justice System Development Comment by Jamie Price: Good job with using headings. But your first paragraph should be an introduction. Introduce the main points that will be covered. Let the reader know where the paper is going. Refer to my help documents associated with this assignment for assistance with creating a good academic introduction. In the United States, the adolescent court framework was established more than ten years before the main court establishment in 1899 in Illinois. Before its formation, all youngsters were considered as adults or grownup where they were punished in similar ways as adults. Prior to the creation of juvenile courts, the common law's infancy defense provided the only special protections for young offenders charged with crimes. The common law conclusively presumed that children younger than seven years of age lacked criminal capacity, while those fourteen years of age and older possessed full criminal responsibility. Comment by Jamie Price: This is good information but you need to cite your work. If the information isn’t common knowledge, you need to cite it using in-text citations. Some basic formats are: Blah blah blah (Last name, year). According to Last name (year), blah blah blah. Last name (year) reported that “blah blah blah” (p. #). “Blah blah blah” (Last name, year, p. #). The history of the juvenile justice system dates as far back as to the bible to Roman Era time. In this period, it was the parent’s responsibility to punish their children, unless the child is in need of a more severe consequences. In the middle ages, common law was established in England. The use of shires, reeves, and chancellors were used. When being punished, the English used the same punishments on children over the age of seven as an adult. In eighteenth-century London, jails were created based upon workhouses. On July 1899, United States established the first juvenile justice system located in Illinois. The Illinois legislature passed the Illinois Juvenile Act that would disciple accordingly to children under the age of sixteen. The juvenile courts were to take jurisdiction over the children (Champion, Merlo, & Benekos, 2013). Comment by Jamie Price: Try to remove unnecessary words. “is in need of a” = needs Comment by Jamie Price: Good job citing your work. Predominant Philosophy of the Juvenile System Alterations in the social origination ideology of youngsters and the system of cultural control in the nineteenth-century y led to the establishment of the very first juvenile court in 1899. To differentiate between the young and adult offenders, progressive philosophers made efforts to reform the juvenile court system. They developed new thoughts regarding adolescence and made the court ...

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Juvenile Life without Parole erious crimes deserve serious penalties, but crimes committed by children, though sometimes resulting in serious and tragic harm, deserve special consideration. These crimes tend to be impulsive, short-sighted, and driven by fear and by childish desires to impress peers or pacify adults. New brain science confirms that teenagers have less capacity for self-control, but much greater capacity for selfimprovement, than adults. All of this suggests that children should be sentenced differently than adults and receive additional opportunities to demonstrate change 1 JLWOP statistics In 2012, approx. 2500 individuals were serving LWOP sentenced they received as children An additional 25,000 were serving virtual life sentences A 50-year sentence for a 16-year old will cost upwards of $2.25 million. The majority of these individuals are male (97%) and Black (62%) Significant risk factors 79% witnessed violence in their homes regularly 32% grew up in public housing Fewer than half were attending school at the time of their offense 47% were physically abused 80% of girls reported histories of physical abuse and 77% of girls reported histories of sexual abuse How did we get here? Super-predator scare of the 1980s/1990s Larry Miller, at 16 shot and killed another teenager in Philadelphia in 1965 Sentence: 20 years Abdul Lateef, at 16 participated in a robbery, which led to the ultimate death of the victim, in 1985 Sentence: Life without parole In reaction to the growth of drug- and gang-related activity in the mid-1990s, lawmakers in Connecticut and nationally responded forcefully but, in retrospect, misguidedly. The harsh reforms were rooted in the popularization of the idea of the “superpredator,” a supposed class of teenagers who were highly violent, dangerous, and beyond redemption.19 Meanwhile, public officials worried that gangs were recruiting children to commit crimes because the juvenile justice system would not punish them harshly.20 Public fear of juvenile crime coalesced in claims that some children were so-called “Humpty Dumpty children,” perceived to be broken beyond repair.21 3 Fates in limbo Maryland’s juvenile lifers https://youtu.be/nSYO-YtK96A Children are different In 2005, the Supreme Court held in Roper v. Simmons that children who commit crimes under the age of 18 cannot be executed Graham v. Florida that children cannot be sentenced to life in prison without the possibility of parole (“LWOP”) for non-homicide crimes. In 2012, the Court held in Miller v. Alabama that mandatory LWOP sentences for children are unconstitutional prevent the decisionmaker from taking into account the age and diminished culpability of juvenile offender In several recent decisions, the U.S. Supreme Court has recognized that children are different from adults and must be treated differently in criminal sentencing. Relying on scientific studies about adolescent brain development, the Court has emphasized that ...

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Taylor2 ppt ch10

1. Chapter 10 Juveniles In The Criminal Justice System

6. Minimum Age A Juvenile May Be Waived To Adult Court

8. Age At Which Juvenile Court Relinquishes Jurisdiction

10.

11.

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