Critical Thinking Paper

Sarina Matson
CAP Interdisciplinary
Blue
May 9th, 2015

Critical Thinking Paper

Sarina Matson
Blue
May 9th, 2015
Congress must prohibit juveniles from being tried in adult courts
because youths cannot successfully fulfill probation requirements, there are
many reentry barriers when teens are finished with their sentence, like being
accepted back into society, and minors are more likely to be harmed in adult
prison. Instead, states should implement them in a rehabilitation program
that is tailored to the severity and type of crime they have committed (NPC,
nationalparalegal.edu). When a minor commits a crime, state legislature
disagree on when it is appropriate for a juvenile to be prosecuted in adult
court, but there are major consequences of indicting a minor into adult
prisons. When teens are serving time in adult prison, it is more likely that
they will be harmed or commit self-harm. Also, probation in adult courts is
tailored towards people over eighteen. Thusly, many problems appear when
teens receive probation conditions like getting to work and holding a job.
Finally, when minors are finished with their jail time they often cannot be
hired, receive federally assisted housing, or other benefits. Due to the many
dangers that can come from being tried in adult courts, Congress needs to
implement a ban of prosecuting minors in adult courts and instead, states
should place them in a restorative justice program.
Today, there are many ways to try a juvenile court case in criminal
court and to try a criminal court case in juvenile court. All states have
multiple ways for this to happen; thirty-four states say that it is mandatory to
try previously criminally prosecuted juveniles in adult court. This once an
adult/always adult system causes the minor to have a trial that is tailored
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Sarina Matson
Blue
May 9th, 2015
towards adults, even when the crime committed was not severe as the
previous one. Fifteen states use the prosecutorial discretion method when
determining when to move minors from juvenile to criminal court. This is
when the prosecution decides in what court to try the case. Forty-five states
use a judicial waiver, which is when the judge waives a juvenile court case to
criminal court. Twenty-nine states use statutory exclusion where the state
sets guidelines to what types of cases are automatically tried in criminal
court. Only 24 states allow juveniles to make a petition to get out of criminal
court (Firestine et al. 3). While some of these methods are better than
others, juveniles need to be placed in a different court system from adults
because of the drastic differences between them.
Teens need rehabilitation more than punishment for their actions. New
research found says that brain development affects the behavior of teens.
Dr. David Fassler says, It doesnt mean adolescents cant make rational
decisions or appreciate the difference between right and wrong. But it does
mean that, particularly when confronted with stressful or emotional
circumstances, they are more likely to act impulsively, on instinct, without
fully understanding or considering the consequences of their actions
(Brown). Minors cannot just be punished for their actions; instead they need
to be put in rehabilitation. Rehabilitation allows juveniles to learn from their
mistakes, learn to think before acting, and to learn the consequences of
participating in illegal activity. The differences between adult and juvenile
court are also extreme. Juvenile courts are oriented more towards
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Sarina Matson
Blue
May 9th, 2015
rehabilitation, while adult court is not. Another big advantage of juvenile
court is that most proceedings are confidential so teens will not have
limitations and stigma after serving time. Juvenile courts also base the
sentence off of the background and psychological capability of the subject.
Since juveniles and adults, and juvenile and adult courts, are so different, it
is inappropriate to try minors in adult courts.
In adult courts, juveniles cannot comply with the typical conditions for
adult probation and the requirements are harsher, making teens more likely
to violate their probation. If the teen in question cannot drive, it is difficult to
obey the requirement of holding a job because of transportation difficulties.
The juvenile would also be less concentrated on school issues if pressured to
maintain a job. Another common probation condition is a fee. Mark Levin
comments, In Texas, the probation fees for an adult probation are around
$600, so 17-year-olds are dropping out of school in order to pay the fees
(Ziedenberg, 25). Not going to school is a sacrifice that adolescents should
not be making, especially in high school where attendance and grades
matter for the future. In New Hampshire a term of probation is to Not
associate with any person having a criminal record or with other individuals
as directed by the probation or parole officer unless specifically authorized to
do so by the probation or parole officer (Superior Court of the State of New
Hampshire). If the juvenile has a family member or friend with a criminal
record this rule would be very hard to follow, and jail time often serves as a

Sarina Matson
Blue
May 9th, 2015
repercussion for probation violations. Juveniles are then suffering
consequences because of the adult-tailored probation conditions.
When teens complete their sentence, many have a difficult time
reentering society. When a teen that has served time in a juvenile detention
center turns eighteen, most states expunge the juveniles record; after
coming out of an adult prison, this often does not happen. The chances of
being hired with a record are much lower than being hired without one. Kai
Wright says, Former felons are now categorically barred from working in
more than 800 occupations because of laws and licensing rules (Wright,
Boxed In). It is hard to be employed with a record, making it is also hard to
get a high paying job. If an ex-felon needs federally subsidized housing,
which is likely because of employment issues, they cannot receive it because
of their criminal record. In only two states there is no restriction on felons
voting. The rest do not allow voting in prison but some allow voting while on
probation, parole, and/or in post-sentence, depending on the states policy. If
a juvenile was in an adult prison and finished his/her sentence, in twelve
states he/she would never be able to vote again (The Sentencing Project).
This severely restricts juveniles involvement in politics and government. If
minors are tried as adults and are placed in adult prisons, they are prone to
numerous restrictions on their daily lives.
While serving time in adult prisons, juveniles are at a higher risk of
being harmed or committing self-harm. Juveniles are eight times as likely to

Sarina Matson
Blue
May 9th, 2015
commit suicide, five times more likely to be sexually assaulted, twice as
more likely to be beaten by staff, and twice as more likely to be attacked
with a weapon than in a juvenile detention center (Childrens Action Alliance,
13). In Connecticut, a 17-year-old youth who was on probation, had their
supervision revoked, and was sanctioned to jail, committed suicide while
being incarcerated in a facility under the jurisdiction of the adult correction
system (Ziedenberg, 25). If juveniles are tried in adult courts and put in
adult prisons, serious harm is likely to come to them.
Teens need rehabilitation more than punishment for their actions.
Congress should place a ban of prosecuting minors in adult courts and
instead states should implement a reformative justice program into juvenile
detention centers that is tailored to each minors crime. Restorative justice is
a process to involvethose who have a stake in the specific offense and to
collectively identify and address harms, needs, and obligations, in order to
heal and put things as right as possible (Nusrat, nccdglobal.org). This
program would include community service and/or jail time tailored to make
the teen see the impact of what they have done to the people that they
have harmed. For example, if the minor maliciously attacks and blinds
another person, he/she would work with blind people while serving a year in
a juvenile detention center. This approach works with heinous crimes as well.
William Upton killed Dave Rogers son Adam. Dave says, I really needed
him to understand that what had happened was his fault (Why Me, whyme.org). Dave and William talked and the experience was beneficial to both
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Sarina Matson
Blue
May 9th, 2015
of them. William learned about who Adam was and how his family and
friends were affected by his death and Dave got to ask William questions
about his sons final moments. Like Dave, most victims prefer this justice
system. In Surrey, England, victim surveys show an average 88%
satisfaction rate with the scheme (Bawden, theguardian.com). This
restorative program would be made for teens to understand the
consequences of their actions to make sure they will not attempt anything
else in the future. In Surrey, since they implemented their restorative justice
program it has cut reoffending [teens] by 18% across the county and their
juvenile crime rate has gone down by 33% (Bawden, theguardian.com). The
main drawback to these programs would be inside the juvenile detention
centers. Inside of these, there is the risk of dangerous children harming
others. This problem could be solved by adding 24-hour surveillance
cameras, better security, and the risk of more jail time for physical
altercations. The focus on rehabilitation would make the restorative program
more beneficial to juveniles than trying them in adult courts and giving them
adult penalties.
To address the problems of juveniles being tried and convicted as
adults, Congress should set an age limit as to who can be tried in adult
courts. Instead of trying them in criminal court, states should implement a
restorative program in juvenile detention centers that tailors each minors
punishment to the crime that they have committed. If Congress does not
ban minors from being tried as adults and an adolescent is tried in criminal
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Sarina Matson
Blue
May 9th, 2015
court there are many consequences like juveniles not being able to fulfill
probation conditions, barriers that are present when teens come back from
doing time, and serious harm that can come to adolescents while in adult
prisons. Congress need to set a criminal court age limit and states need to
implant a restorative justice program into all juvenile detention centers to
give juveniles the rehabilitation they need for success in the future.

Sarina Matson
Blue
May 9th, 2015
Works Cited
Bawden, Anna. "How restorative justice is steering young offenders away from crime."
Guardian: n. pag. The Guardian. Web. 9 May 2015.
<http://www.theguardian.com/society/2014/sep/17/restorative-justice-young-offenderscrime>.
Brown, Sarah Alice. "Kids Are Not Adults." State Legislature Magazine Apr. 2013: n. pag.
NCSL. Web. 15 Mar. 2015. <http://www.ncsl.org/research/human-services/kids-are-notadults-sl-magazine.aspx>.
Children's Action Alliance. "Improving Public Safety by Keeping Youth Out of the Adult
Criminal Justice System." 17 Nov. 2010. PDF file.
National Paralegal Conference. "Congressional Powers." National Paralegal. Ed. National
Paralegal Conference. National Paralegal Conference, n.d. Web. 10 May 2015.
<http://nationalparalegal.edu/conLawCrimProc_Public/Federalism/CongressionalPowers.
asp>.
Nusrat, Nuri. "What Isand Is NotRestorative Justice?" National Council on Crime and
Delinquency. Ed. National Council on Crime and Delinquency. N.p., 20 Aug. 2013. Web.
9 May 2015. <http://www.nccdglobal.org/blog/what-is-and-is-not-restorative-justice>.
RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE APPLICABLE
IN CRIMINAL CASES FILED IN SUPERIOR COURT. C.F.R. New Hampshire Court
Rules. Web. 31 Mar. 2015. <http://www.courts.state.nh.us/rules/index.htm>.
The Sentencing Project. "Felony Disenfranchisement." The Sentencing Project. N.p., n.d. Web.
31 Mar. 2015. <http://www.sentencingproject.org/template/page.cfm?id=133>. This gave
a graph on the different felony disenfranchisement policies throughout the US.

Sarina Matson
Blue
May 9th, 2015
U.S. Department of Justice. National Institute of Corrections. You're an Adult Now. By Jason
Ziedenberg. 2011. PDF file.
- - -. Office of Justice Programs and Office of Juvenile Justice and Delinquency Prevention.
Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting. By Kathy
Firestine et al. 2011. National Report Series. PDF file.
Why Me? "Victim ambassadors stories." Why Me? Ed. Jason King. N.p., n.d. Web. 9 May 2015.
<http://www.why-me.org/victims-stories/?
doing_wp_cron=1431189066.7069189548492431640625>.
Wright, Kai. "Boxed In: How a Criminal Record Keeps You Unemployed For Life." The Nation
5 Nov. 2013: n. pag. The Nation. Web. 31 Mar. 2015.
<http://www.thenation.com/article/177017/boxed-how-criminal-record-keeps-youunemployed-life?page=0,0>.

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