Treatment of juvenile crime

Due to their often shocking often graphic nature crimes committed by juveniles, particularly those involving school shootings, matricide or gang activity, are often some of the most widely covered and discussed in the news media. It often ignites days of expert analysis with many on either side advocating for either a sympathetic or a hardline approach against the perpetrator. In the United States the approach as dealing with these acts has differed with era. For the first 140 years of the nations history almost all juvenile offenders were treated as adults with age serving only as a mitigating factor, if considered at all, when considering punishment. This approach began to change around the turn of the 20th century when Cook County, Illinois crated a separate justice system for juveniles in 1899 [CJCJ]. Many other parts of the nation followed suit as did congress [Lawyer Shop], and this approach to juvenile crime became the dominant way to treat the problem by the mid-20th century as the consensus had agreed that juveniles lacked the same mental capacity as adults and therefore be better served in a rehabilitative system. However beginning in the 1980s and early 90s an increase in crime nationwide sparked a widespread get tough on crime movement, weakening support for this sort of approach. The new get tough approach brought a dramatic increase in the number of juveniles in the adult court system for all sorts of crimes and resulted in many states instituting mandatory sentencing and other new laws that made it easier to prosecute juvenile offenders as adults [Krebs]. IN recent years states have been peeling back these laws for multiple reasons including prison overcrowding, cost concerns, and research suggesting that the juvenile approach is better in the vast majority of cases [Krebs].

In addition to state-level reforms, the Supreme Court of the United States has had numerous decisions from within the past decade limiting juvenile punishment on the basis of the 8th amendment, which protects against cruel and unusual punishment. For example, in the 2005 case Roper vs. Simmons the court heard the case of Christopher Simmons who had been sentenced to death for a murder he committed in the state of Missouri at the age of seventeen (Death Penalty Information Center). The court decided in his favor on a 5-4 decision citing diminished capacity of those under 18 and in turn, overturning a 1989 case where the age limit had been established at sixteen [Cornell]. In 2012 Jackson vs. Hobbs reached the Supreme Court in which fourteen-year-old Kuntrell Jackson was appealing his life without parole sentence for his role in a murder that occurred during a gas station robbery. The court expanded the ruling to cover juveniles given life without the possibility of parole sentences in a 5-4 ruling largely along ideological lines [Cornell]. The juvenile system has some significant key differences compared to the adult system. These include charges being addressed as acts of delinquency rather than crimes, and cases are decided by a single judge rather than a jury, though other legal and constitutional standards do apply [Legal Match]. When sentenced, juveniles are sent to detention centers that were created on the belief that juveniles had more to gain in a system that focuses on rewarding good behavior. These detention centers also give juveniles educational opportunities, often through the use of an in-house school that offers a path to a high school diploma or GED equivalent [Shapiro]. Studies have often supported the effectiveness of the juvenile systems approach. One particular study by Jeffrey Fagan compared the reincarceration rates of juveniles convicted of robbery in New York (charged as adults) and New Jersey (charged as juveniles) and found that

those sentenced in New Jersey were reincarnated at a significantly lower rate [Fagan]. A common retort is that harsh punishment serves as a deterrent. However this idea has shown to be a myth, with one study from Eric Jensen and Linda Metsger showing that juvenile crime in Idaho actually increased when the state changed their laws to prosecute more juveniles as adults, despite a decrease nationwide before these laws were not as widespread [Fagan]. In addition to the effectiveness of the system, one of the biggest arguments for creating separate systems for juvenile and adult offenders are the relative differences in developmental psychology. Research has shown that the brain doesnt fully develop until the mid-20s and that the effects of this lack of development is even more pronounced in teenage years. Due to this juveniles are much more likely exhibit high levels of impulsiveness, aggressiveness, reactiveness to peer pressure and stress, along with emotional volatility [Ritter]. For this reason many have suggested that it is unfair to treat a juvenile offender on the same level as fully developed and functioning adult [Ritter]. Despite the research into the benefits of the juvenile system, not everybody agrees that it is the approach we should strive for. Opponents include Gina Savini, a state attorney for Cook County, Illinois argues that the victims of crimes committed by juvenile offenders deserve justice, saying that she has personally experienced victims and their families feeling angered that someone who committed a serious crime against them or a love one spending only a few years in incarceration. She acknowledges that there are mental differences but states If they're old enough to pick up a gun and shoot it, they're old enough to take responsibility for their actions (Bogira). A similar philosophy to the 90s refrain: old enough to do the crime, old enough to do the time. Some also point to the public of the safety at large, arguing that many juvenile offenders are simply unfit for release into society. One particular case where this was a major concern

occurred in the early 90s when Craig Price, a remorseless quadruple knife murderer from Rhode Island who was arrested at the age of fifteen and scheduled to be released on his 21st birthday in 1994. Leading up to his release Price showed no signs of rehabilitation and vowed to kill again, leading many in the legal and law enforcement communities, victims family and regular citizens to ensure that Price never was released from incarceration, to support this effort they formed the group: Citizens Opposed to the Release of Craig Price (CORP). The case gained national attention when Jeffrey Pine was elected Attorney General promising Price would never be released. This was achieved in the short-term by successfully charging him with extortion due to a threat he directed at a prison guard. For a long-term solution Pine pushed for a bill that allowed for a bill that allowed judges to transfer offenders to a psychiatric hospital if they felt it was necessary [AP]. Cases like Craig Price have raised a question that has risen debate within the legal and psychiatric communities: can juveniles be considered psychopaths? Strong feelings are raised by this question on both sides of the issues, Laurence Steinberg, a psychologist at Temple University says they cannot, claiming that this sort of diagnosis cannot be made accurately developing brains [Musitch]. John Edens, a clinical psychologist at Texas A&M agrees and claims that the social costs of branding juveniles with undeveloped brains psychopaths is too high due to the lack of hope that sort of diagnose may create [Musitch]. On the other side of the issues experts such as Mark Dodds, a psychologist at the University of New South Wales in Australia, points to evidence showing that the brains of children who scored highly on the ageadjusted version of the psychopathy checklist have anatomical differences consistent with those of adult psychopaths and claims that these signs must not be ignored if detected at an early age [Kahn].

Dan Wasbusch a researcher of callous-unemotional children at Florida Atlantic University who has spent many years researching possible juvenile psychopaths has come to the conclusion that it is diagnosis that can be made properly, stating in part: to take the attitude that psychopathy is untreatable because its geneticthats not accurate [Kahn]. An example Wasbusch uses of a child he believes to be a psychopath is a 10-year-old he identifies only has Michael for the privacy of his family. Michaels parents claim his symptoms of extreme behavior began at the age of 3 and became worse by childhood when he would often tear clothes, kick and punch, punch holes in walls and even break toilet seats during hours-long fits. When Wasbusch ran tests he found Michael scored more than two standard deviations above a normal-range of callous-unemotional behavior, leading Wasbusch to affirm make this diagnosis [Kahn]. Jason Massey, who was executed in 2001 for a double murder he committed at the age of 20 in 1993, is an example of a murder many claim showed clear psychopathic tendencies at early ages when he was sent to juvenile detention multiple times for animal torture, openly idolized Charles Manson and had journals detailing fantasies of graphic rape and murder [Ramsland]. In conclusion I feel that the best way to treat juvenile crime is to treat it with an approach that emphasizes rehabilitation over punishment. The juvenile system has proven results and allows for juveniles to benefit from a large number of educational and work programs that set many on a new path not possible in prisons. Additionally I believe that mental healthcare facilities should be a more widely available option for juveniles who exhibit psychopathic tendencies, as the cost of doing nothing to curb this sort of behavior at an early age is simply too high. While I understand concerns might be raised by some over victims rights, public safety and personal responsibility, the decrease in crime over the long-run outweighs these risks. I hope to see the country continue to move the way it has been for the past several years.

Works citied
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Legal Match- LaMance, Ken. "Juvenile vs. Adult Criminal System." Legalmatch.com. LegalMatch, n.d. Web. 14 Mar. 2014. Mustich: Mustich, Emma. "9-Year-Old Psychopath: Dr. Alan Ravitz On How To Diagnose Children As Psychopaths." The Huffington Post. TheHuffingtonPost.com, 15 May 2012. Web. 09 Nov. 2012. <http://www.huffingtonpost.com/2012/05/15/diagnosing-psychopath_n_1516167.html>. OJJDP: United States. OJJDP. Law Enforcement and Juvenile Crime. Office of Juvenile and Delinquency Prevention, 25 Feb. 2014. Web. 18 Mar. 2014. Ramsland- Ramsland, Katherine. "Bad Seed: The Fledgling Psychopath." The Childhood Psychopath: Bad Seed or Bad Parents? by Katherine Ramsland Crime Library. Crime LIbrary, n.d. Web. 25 Apr. 2014. Ritter- Ritter, Malcolm. "Experts Link Teen Brains' Immaturity, Juvenile Crime USATODAY.com."Usatoday.com. Associated Press, 2 Dec. 2007. Web. 09 Nov. 2012. Shapiro- Shapiro, T. Rees. "The Freedom to Learn." Washington Post. The Washington Post, 24 Sept. 2012. Web. 09 Nov. 2012.