Crime in the modern era has been and remains a negative aspect of society. Since the first laws were enforced there have been those who break them. The American criminal justice system is overloaded with crimes of differing severity, from victimless crimes to the acts of murder committed by serial killers. Most people are supportive of the fact that if you commit the crime then you must face the potential consequences, which usually involves a criminal trial and many years of jail time. This is not a problem when discussing adults who commit crime. But, what about the juveniles who commit those crimes? Can children be held to the same standard of the law and therefore the same standard of punishment? Many people support the trying of certain youth offenders as adults, which is of course dependent upon their crime. Some offenders, minors or not, commit heinous and serious crimes and that cannot just be simply overlooked (Lash 1). However, there are many other people who disagree completely with the idea of trying children as adults, regardless of their crime. After reviewing sources on the topic it becomes quite clear that with the exception of very specific types of cases, then no child should be tried as an adult because they are not mentally as culpable for implications of the crimes they commit, their sentences may be longer than more dangerous criminals and, finally, these children are not bettered by the incarceration, which leads to high recidivism, greater re-offending than many of their adult counterparts.
Children, especially children below their teens, have brains that have not even finished growing; they may struggle with understanding crime and the implications of what they have done. A good example is the case of, 9-year-old, Cameron Kocher, who fired a rifle inside his house, but the bullet unintentionally went through the window and struck a seven year old girl next door, killing her. This is a horrific tragedy, but should the 9-year-old boy be charged as an adult for his crime, even though his intentions were not serious. The reality is no. The boy has no adult comprehension and forethought to consider the consequences of his actions. It was an accident. Ultimately, this boy pled guilty in an adult case for a lesser charge to avoid more serious jail time (Schwartz 1).
Children are not allowed to be executed in many states but that does not prevent them for being convicted and given a life sentence. For a child a life sentence is a much longer sentence than for an average adult. A life sentence for a dangerous, multiple offending adult, at the age of 40 is only maybe 30 or forty years, but for a child a life sentence is literally a life sentence (Schwartz 1). Why should a child, who may not be capable of adult thinking, receive more serious sentences than their much more dangerous counterparts? We make exceptions in the court system for people who suffer from mental disabilities and, sometimes, mental illness because they are intellectually or emotionally incapable of being held accountable for the crimes they commit. Then why would not the same logic be obvious in the case of the more than 200,000 children currently being tried or have been convicted in adults courts receiving adult sentences of one kind or another (Daugherty 1).
Children being tried and sentenced as adults does not work to improve their behavior, educate them or help them develop positive social skills that they may need when they are released; those that will be released anyway. These children reenter the world with a permanent and serious criminal record before they even enter high school. It will impair their ability to attend college, to find gainful employment and will place a stigma on a child before they have even finished developing their personality and self identity. These children are more likely to reoffend and begin a lifelong relationship with the law and prison time. Children are not “mini adults,” and therefore cannot be held accountable in the same way as their adult counterparts (Daugherty 1).
In fairness there are some cases and some offenders, regardless of their age, that are truly dangerous and will be dangerous for the whole of their lifetime. Psychopathy and sociopathy are two very serious mental failings that render a person incapable of truly comprehending right from wrong, from feeling empathy for others and are prone to self-serving and often violent acts. It can be hard to identify in children, but these sorts of offenders begin the commission of crimes in their childhood and usually start by harming other children, killing animals for amusement and are not capable of making emotional bonds, so no one is safe. These cases are rare, and should end is with such children institutionalized not necessarily incarcerated. That said charging and trying children in the adult system should not be continued, they are not mentally prepared, they will be punished more extremely than adult offenders and, finally, the adult trial does not benefit the child after release and it contributes to their lifetime of adult crimes.
WORK CITED
Daugherty, Carmen. “Trying Kids As Adults Is A Harsh Practice That Serves No Purpose.” The
New York Times. (2014): 1. Web. <http://www.nytimes.com/roomfordebate/2014/08/18/young-souls-dark-deeds/trying-kids-as-adults-is-a-harsh-practice-that-serves-no-purpose>.
Lash, John. “The Trouble With Trying Children As Adults.” Juvenile Justice Information
Exchange. (2011): 1. Web. <http://jjie.org/editorial-by-john-lash-on-trying-children-as-adults/25595/>.
Schwartz, Robert. “Kids Should Never Be Tried as Adults.” CNN News. (2010): 1. Web.
<http://www.cnn.com/2010/OPINION/02/18/schwartz.kids.trials/>.
