1. Introduction
A. Describe the issue
A juvenile is a minor or an individual who has not attained eighteen years of age. Juvenile justice is an area of criminal law that deals with people who have not reached eighteen years ("Juvenile Justice"). In essence, the laws and jurisdiction apply to minors and are evidently different from those used on people above eighteen years. In the recent past, there have been passionate debates and claims about trials on minors especially those involved in serious crimes such as first-degree murder. Many youths are tried as adults yet in the eyes of the law they are meant to be tried as juveniles. Various individuals have presented their opinions and proposition regarding this issue. It is quite obvious that minors cannot vote, have curfews and have other restrictions. It would therefore not be fair to treat them as adults when they commit a crime. No matter how controversial this aspect may seem, it is only right for them to be tried as the kids they are no matter how serious the crime may be.
B. Introduce the two essays
In this paper, attention is drawn towards two articles by Marjie Lundstrom and Greg Krikorian. Both essays have different perspectives but have a common opinion on the fact that kids should not be tried as adults regardless of the kind of crime they have committed. According to the article ‘Kids are Kids until they Commit Crimes’ by Marjie Lundstrom, it is evident that kids are treated differently until they commit a crime. The author shows how interesting it is that kids are seen as minors when looking at the things they do and the restrictions they have yet when the commit crimes they suddenly ‘become’ adults. In Greg Krikorian’s essay, ‘Many Kids Called Unfit for Adult Trial,’ he presents an argument that kids should not be subjected to adult trial since they are not emotionally and psychologically mature to be subjected to adult trial. They do not have the capacity to contribute to their defense and hence the importance of juvenile trial.
C. Thesis
2. Krikorian Summary
In this essay, the writer argues that juveniles should not be tried as adults since they do not have the capacity to make a contribution to their defense. Krikorian indulges the reader in a study directed by a professor at the University of Massachusetts, which specifies that 20 percent of the kids between 14 to 15 years and a third of 11 to 12 years olds do not have fully developed brains. The article showed that their reasoning and awareness could be compared to that of mentally ill adults, who are considered incompetent to stand trial (Krikorian 39). This is a clear indication that intelligence and age are a vital aspect in determining a minor’s competency in jurisdiction processes.
Consequently, it is considered a constitutional violation to subject an incompetent individual to trial, meaning kids should not be subjected to such. The essay proceeds in providing statistical information on the various instances which showed the psychological and emotional incompetence of juveniles to be subjected to adult trial (Krikorian 40). In general, the study revealed that many youths were sent to adult trial which is unfair since at such an age their ability to understand the proceedings were severely impaired. The writer maintains his ground on discouraging adult trial on juveniles. An amplification of the claims made as the author presents the appeal of scholars to lawmakers in reviewing the juvenile system.
3. Lundstrom Summary
Individuals under 18 years are typically written off as ‘just kids’ due to various factors that substantiate this claim. The minors do not vote, they are not allowed to drink or smoke, and they are subjected to curfews among other things (Lundstrom 43). The controversial aspect comes to picture when these kids are treated as adults when the commit crimes. The writer engages the reader in the situation of Lionel Tate, who was only 12 years when he committed a crime. The dilemma was whether he should be considered as a boy or a man? ( (Lundstrom 43) This issues has drawn contemporary debates since some are of the opinion that he should be treated like a kid that he is since the adult trial would result in making him worse.
There are also views that counter this claim since the juvenile trial is quite light hence they believe that a light punishment would lead to the kid making the same mistake or worse. Lundstrom also discusses some other instances where the youth have been tried as adults. This is further amplified statistically when the author shows that between 1993 and 1999, the rate of juvenile arrests decreased by 68 percent (Lundstrom 44). Also, many states have made it easier to subject kids to adult trial, which should not be the case. In general, the writer has maintained the stand that it is not right to subject minors to adult trial.
4. Inability to defend themselves
A. Krikorian University of Massachusetts Study
The study directed by a professor at the University of Massachusetts substantiates the claim that juveniles are unable to defend themselves in a court of law. The research results showed that one-third of the minors between 11-13 years and 20 percent of youths between 13 to 14 years had quite low levels of understanding and reasoning (Krikorian 39). The study also showed that juveniles had a problem in understanding the judicial process. This could be compared to mentally ill adults hence the minors are indeed incompetent.
B. Lundstrom: Lionel Tate
Lionel Tate was barely 12 years when he beat a six-year-old to death. It is clear that he was considered a kid, and this meant that he would be unable to defend himself in court (Lundstrom 43). The jurisdiction process would probably be alien to him hence he would clearly lack content to contribute to his defense.
5. Unable to understand their actions
A. Krikorian: Conclusion of study
The study establishes that it is seen as a violation of the kid’s constitutional rights to be subjected to adult trial since they are rendered incompetent. The study justifies the claim that the incompetence of juveniles clearly shows that they lack understanding of the judicial proceedings. From the conclusion drawn, scholars like Steinberg and Grisso were hopeful that the concerned lawmakers would review the fairness of the juvenile system (Krikorian 40).
B. Lundstrom: Lionel Tate imitating WWF
At a young age, it is probable that Lionel Tate was imitating stunts from heroes in the World Wrestling Federation (Lundstrom 43). This means that he was unable to understand his actions and most importantly the consequences of his actions.
6. Contradiction of children
A. Krikorian paragraphs 11-13
Despite the evident justification of the fact that minors are incompetent and should not be subjected to adult trial, there is indeed a contradiction. This is because every year about 200,000 juveniles are tried as adults (Krikorian 40). There are also many laws passed that make it easier to try minors as adults. More interestingly about 14 states allow prosecutors to charge juveniles within the adult jurisdiction process.
B. Lundstrom: paragraph 14-20
Juveniles should be tried under juvenile law no matter the crime they have committed. This is not a justification of heinous actions; also, it does not mean that crimes should not go unpunished. The contradicting aspect is that despite the actions of prosecutors and politicians in pressing for hard lines against youthful offenders, many States have made it easy to charge juveniles as adults (Lundstrom 44).
7. Conclusion
In conclusion, kids are kids. Despite the claims and justifications made by people that minors should pay their dues and get tried according to their wrongs, it is important to recognize that they are still minors. Subjecting children to adult trial will not solve much; it will only cause them to be more resistant to change for the better. It is vital to subject them to the juvenile trial where they can be corrected in line with their age limit. This is likely to bear more fruit.
References
"Juvenile Justice." LII / Legal Information Institute. N.p., 2016. Web. 15 July 2016.
Krikorian, Greg. Many Kids Called Unfit For Adult Trial. 1st ed. The Sacramento Bee, 2003. Print.
Lundstrom, Marjie. Kids Are Kids Until They Commit Crimes. 1st ed. The Sacramento Bee, 2001. Print.
