Juvenile Crime and Punishment – Should solitary confinement be banned for juveniles? Should juveniles be exempt from life sentences? Should juveniles be punished as adults for certain type of crime
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Juvenile Crime and Punishment
Should solitary confinement be banned for juveniles?
Gordon, Shira, E. Solitary Confinement, Public Safety, and Recidivism. University of Michigan Journal of Law Reform 47. 1 (2014): 495-528.
The article by Gordon gives a critical analysis of the policy reforms that need to be institutionalized, especially regarding solitary confinement that has a great impact on recidivism and public safety. The article also traces the increase in the number of prisoners and time served in federal prisons that are a source of growing concern. One of the bones of contention highlighted by the article is the negative impact of solitary confinement for juveniles. In the majority of the United States jurisdiction, juveniles are charged as adults and held in protective custody for purposes of separation from adults. According to Gordon, the juveniles are locked in small cells without sufficient natural light or any contact with staff or other prisoners (502). Solitary confinement is harmful to the youth as the isolation is not a justifiable therapeutic tool. Further solitary confinement leads to high rates of suicide cases among youth because of the psychological torture they face (Gordon 503). As such, solitary confinement for a juvenile should be banned as it infringes on the functional development of juveniles into productive members of society, especially being at that young age where social identity is key.
Should juveniles be exempt from life sentences?
Tutro, Joseph.
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Eliminating the Effective Death Sentence of Life Without Parole. The Forum: A Tennessee Student Legal Journal 1.1 (2014): 12-28. Print.
The article examines different perspectives of life without parole from both the point of view of the United States and international views. It should be noted that prison sentences seek to achieve specific goals such as rehabilitation, denunciation, and general deterrence (Tutro 12). As such, life sentences, especially for juveniles is detached from achieving these purposes. A case in point highlighted by the article is the Graham v. Florida case, 2010. This case was crucial in establishing a strong foundation for exempting juveniles from life sentences. In its ruling, The Supreme Court upheld that the age of an offender is an important factor regarding the sentence. As such, the Court provided justifiable means of exempting juveniles from a life sentence by ruling that at the time of conviction, the juvenile had a moral culpability that was diminished because of lack of maturity and impact of peer pressure (Tutro 14). In the sentence, it was also recognized that the moral culpability had the potential of making the juvenile serve longer in prison. For this reason, juveniles should be exempted from life sentences because it deprives them of the opportunity to reach their full potential and self-recognition in society.
Should juveniles be punished as adults for certain type of crime?
Tashea, Jason, R., and Passarella, Al. Youth Charged as Adults: The Use and Outcomes of Transfer in Baltimore City. University of Maryland Law Journal of Race, Religion, Gender and Class 14.2 (2015): 274-302. Print.
The article highlights the impact of charging and prosecuting juveniles as adults in Maryland. The policy that necessitated juveniles to be charged as adults was aimed at deterring them from committing a certain type of crimes such as robbery. Even so, charging juveniles as adults, even in these types of crimes has led to recidivism. The article details that as many as 75 percents of youths who were charged in adult courts as compared to juvenile courts were more likely to be re-arrested (Tashea and Passarella, 283). More importantly, juveniles should not be punished as adults because of the risks of recidivism and increased abuse prone to adult facilities. Some of these risks include sexual violence in adult facilities and suicide cases catalyzed by the isolation that causes mental instability (Tashea and Passarella, 284). Even though there are some services available for youths in adult facilities such education, the adult system of punishment is more punitive as compared to juvenile facilities. The lack of equipment in adult facilities to protect juveniles make them unsuitable for the juveniles and the likelihood of recidivism cases negatively impacts their quality of life.
Works Cited
Gordon, Shira, E. Solitary Confinement, Public Safety, and Recidivism. University of Michigan Journal of Law Reform 47. 1 (2014): 495-528. Print.
Tashea, Jason, R., and Passarella, Al. Youth Charged as Adults: The Use and Outcomes of Transfer in Baltimore City. University of Maryland Law Journal of Race, Religion, Gender and Class 14.2 (2015): 274-302. Print.
Tutro, Joseph. Eliminating the Effective Death Sentence of Life Without Parole. The Forum: A Tennessee Student Legal Journal 1.1 (2014): 12-28. Print.
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