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  • Essay / The sentencing of minors - 2565

    The sentencing of minorsToday we live in a society facing many problems, including crime and the fear it creates. In the modern era, juveniles have become a part of society to be feared, not rehabilitated. The basis of the first juvenile justice system was to rehabilitate and create safe havens for wayward youth. This is not the current philosophy, even though the United States is one of the last countries to execute juveniles. Our country is currently led by a presidential administration that strongly advocates the death penalty, including the execution of juveniles. The media and supporters of capital punishment warn against the “superpredator”, the minor without fear, without remorse and without conscience. Opponents of this view encourage the idea that another death is only revenge and not a deterrent. We will examine the rights afforded to juvenile offenders and the penalties imposed on them for violating the law.Juvenile Transfers and WaiversFor juveniles deemed dangerous or those who have committed a serious crime, a different process would follow their first contact with the court. This involves removing the offender from the juvenile system, to be transferred to the adult criminal court. These offenders are tried as adults if certain factors are present. Waiver to adult court is often a crucial step in obtaining a harsh sentence for juveniles. Two Supreme Court cases have addressed the issue of waivers and transfers of minors, Kent v. United States and Breed v. Jones. Both cases resulted in specific requirements for transfer hearings, including a) a legitimate transfer hearing b) sufficient notice to family and defense counsel c) the right to counsel d) a statement regarding the reason for the transfer. However, minor waivers are often criticized by experts for a variety of reasons. “Juveniles are likely to be considered special people by prosecutors, probation officers and criminal court judges. They are younger than the main population of defendants in criminal courts…while a juvenile may be considered a hardened criminal in criminal courts. in juvenile court, he can be considered a simple innocent young person in criminal court. (Abadinsky 72). Some research has shown that transferring minors is a waste of time and money. For what? Because the offender often receives the same treatment or sentence ... middle of paper ...... any high profile issue, and in this case we are dealing with the lives of young offenders, many of whom claim their age excuse their “mistake”. Although society must recognize the problems that often fuel adolescent anger, we should be hesitant to refuse to punish. On death row, many inmates will remain on death row for more than ten years before being executed. During this time, they undergo many changes, both physical and psychological, and often feel like different men, and certainly not a violent threat to society. Furthermore, we do not execute men (and women) for the people they became, but for the crime they committed. Their victims were not given a second chance, so why should we as a society give convicted killers the chance to live, love, and grow? However, the death penalty must be examined for its flaws, including incorporating DNA technology wherever possible. Age has obviously been an important factor in the death penalty debate, but we must realize..