Advance General psychologyProsecuting Juveniles as Adults: Justice or Retribution?

AbstractThe United States criminal justice system is designed around the concept of retribution and rehabilitation. Juvenile courts have traditionally focused primarily on the rehabilitative aspect which provided adolescents the opportunity to change. The new trend of waiving juveniles to adult’s courts which emphasizes punishment according to the crimes committed, has resulted in juveniles as young as thirteen facing life in prison. The answer to rising crimes committed by juveniles has been the get tough approach which charges juveniles as adults and hand down sentences in the same manner as an adult. Evidence suggests that this approach has had little if any effect in crime reduction. Adolescents are generally impulsive and rash in their behavior due in large part to the underdeveloped prefrontal cortex which is the part of the brain responsible for logic and impulse control. Why then do courts insist on a system of justice that so far has proven a failure?

Research Question

• Should juveniles be prosecuted as adults for crimes involving assault, murder of where a weapon was used?

Is it wrong to waive juveniles to adult criminal courts?• In 1870 the courts recognized the need for a separate courts

system that specifically addressed the needs of juveniles, but not until the Illinois Juvenile Courts Act was a standard adopted in all states (Schmallager, 2010). Juvenile courts primarily focused on rehabilitation and less on retribution, which recognized that teens are more likely to give in to peer pressure, lack the cognition to understand the full consequence of their actions and brain development in the prefrontal lobe which is responsible for reasoning and judgment continues pass adolescents (Conklin, 2010).

• Some may argue that in cases such as the mass murder at Columbine this is the right solution. If this is the answer, examine the landscape of criminal justice and the impact on society.

Procedure

• The research in this project was gathered and substantiated from scholarly reviews and professional journals. I have identified and incorporated ideals which both favor and criticize juvenile prosecution.

Conclusion

• The appeal of the get tough attitude adopted by the courts has not fulfilled the promise of lowering crime rates. In this country 1.6 million juveniles are arrested yearly, but in the area violent crimes there has been a decline (Argosy University, 2010).

References• Argosy University. (2010). Forensic Psychology. Module 6; Juvenile

justice system. Retrieved February 5, 2010, from http://webuploadcontent.next.ecollege.com

• Argosy University. (2010). Psychology and Criminal Justice. Module 6: Probation, parole and community correction. Retrieved April 3, 2010, from http://webuploadcontent.next.ecollege.com

• Conklin, J. (2010). Criminology (10th ed.). Upper Saddle River, N.J.: Prentice Hall

• McMillion, R. (1998). ABA Journal. Getting tougher on kids. 84, 95. Retrieved September 25, 2010, from http://wf2dnvr13.webfeat.org

• Pediatrics Week. (2010). Pediatrics: Sentencing juveniles to life without parole constitutes cruel and unusual punishment. Retrieved September 15, 2010, from http://wf2dnvr14.webfeat.org

• Schmalleger, F. (2010). Criminal Justice Today (10th ed.). Upper Saddle River, N.J.: Prentice Hall