oliverosjeremypauline

[oliverosjeremypauline]

      The United States is currently facing the problem of mass incarceration. In fact, studies show that the United States has the highest incarceration rates compared to other countries in the world (2014). One issue that contributes to the growing problem of mass incarceration is the injustice found in the juvenile justice system. This essay will discuss the problem in the justice system for minors, the history of juvenile justice, and the possible solutions on how the problem can be prevented or resolved.

The Current Problem

In America, minors have the possibility of being charged and sentenced for a crime they committed as if they were adults. Children are being sentenced to spending their entire life in prison, or punished to serve more time than they deserve. Although there are no laws that strictly prohibit this practice, it is highly frowned upon by many. By keeping minors in jail longer, it does not contribute to resolving the issue of mass incarceration, as the rates of criminals being sent to prison will be higher than the rates of criminals being released. Instead, it will only contribute to the problem by making the population rates in prisons go up.

           Another reason why the juvenile justice system is a current problem is due to the fact that it is unfair and immoral for minors to be treated as if they were adults. In an article written by Randy Hertz, he differentiates children from adults by stating how children are not fully mature or responsible as an adult, as their minds have not yet developed fully (2012). Having an undeveloped mind can result in having the inability to differentiate what is right from what is wrong, which can lead them to committing crimes without fully understanding the situation. In his article, he writes that:

The recognition that children are different is supported by recent neuroscience and psychosocial studies that have shown adolescence to be a period of intense change in the brain. We now know that the parts of the brain that drive emotional reactions, impulses and reactivity to peers develop before those that control impulses and imagine consequences, and which enable adults to resist pressures, delay gratification and weigh risk and reward. Scientists who study the teenage brain describe it as akin to a car with a fully functioning gas pedal but no brakes. (2012)

If the child unknowingly committed a crime, they should not be given the same punishment as if they were an adult who was fully aware of the wrongdoing of their actions. By giving them a harsher punishment than they deserve, they would be robbed of the chance to change their lifestyle for the better. Jason Baldwin, who was a juvenile that was sentenced to life without parole, shares how he had spent 18 years in prison for a crime he did not commit (2012). While serving his time, he met other minors who were sentenced to life without parole. Although the crime they committed was terrible, he believed that children do change and they should be given that chance to redeem themselves. Forgiveness is also a huge part in the Christian lifestyle, so minors should not have to be punished for a lifetime just for committing one crime.

“By giving them a harsher punishment than they deserve, they would be robbed of the chance to change their lifestyle for the better.”

History

        The decision on how minors should be treated in court has gone changed over time. According to the American Bar Association, during the establishment of the United States, minors were charged and tried in court the same way adults would be (2007). It was not until 1899 when the United States founded the first juvenile court. Although it seemed like the problem has been resolved, crime rates began to increase, resulting in the laws changing back to almost how they were in the beginning.

        Juvenile justice can be traced far back into time. According to Richard Lawrence, an award-winning author, he wrote in his book that

Laws and legal procedures relating to juvenile offenders have a long history, dating back thousands of years. The Code of Hammurabi some 4,000 years ago (2270 B.C.) included reference to runaways, children who disobeyed their parents, and sons who cursed their fathers. Roman civil law and canon (church) law 2,000 years ago distinguished between juveniles and adults based upon the idea of “age of responsibility.” In early Jewish law, the Talmud set forth conditions under which immaturity was to be considered in imposing punishment. Moslem law also called for leniency in punishing youthful offenders, and children under the age of 17 were to be exempt from the death. Under fifth-century Roman law, children under the age of 7 were classified as infants and not held criminally responsible. Youth approaching the age of puberty who knew the difference between right and wrong were held accountable. The legal age of puberty (age 14 for boys and 12 for girls) was the age at which youth were assumed to know the difference between right and wrong and were held criminally accountable. (2008)

Although it could be seen throughout history that children were treated differently than adults, the United States believed otherwise when the country was first being established. In their eyes, they see believe in the concept that committing an “adult crime” means serving the “adult time,” regardless of age. However, in the 19th century, more people began opening their eyes, realizing that this was not the proper solution. Activists and advocates raised their voices to be heard, and expressed their beliefs that minors should not be punished as adults. In an article written by the ABA Division for Public Education, it says that

Social reformers began to create special facilities for troubled juveniles, especially in large cities. In New York City, the Society for the Prevention of Juvenile Delinquency established the New York House of Refuge to house juvenile delinquents in 1825. The Chicago Reform School opened in 1855. The reformers who supported these institutions sought to protect juvenile offenders by separating them from adult offenders. They also focused on rehabilitation—trying to help young offenders avoid a future life of crime. (2007)

Many people argued that rehabilitation is a better solution for juvenile delinquents, rather than punishing them and sending them to prison. With the constant fight, they never backed down, and in 1899, a major win was accomplished as the first juvenile court had been established in Cook County, Illinois. Within twenty-five years, the majority of the states in the country had also founded their own courts with a new system for juvenile delinquents (Lawrence).

        It seems that the problem has been resolved as a solution had been found; however, that was not the case for this situation. It only lasted about sixty years, until there was a sudden increase in the crime rates among the youth. The crimes were due to violence, which included homicides. Based on the rapid growth of the violent crimes, it was predicted back then that “there will be 270,000 more juvenile super-predators on the streets than there were in 1990 (2008).” With this high rate, the states believed that they must act quickly to prevent this from happening, and that the only way to do so was to severely punish those who commit such violent crimes. Thus, it resulted in abolishing the laws that were recently established, where minors were to be charged and tried differently from adults, and brought back the old practices of punishing them as if they were adults.

Solutions

        Although it may seem fair to give an evil punishment for an evil crime, it is not a proper solution that will resolve the problem. Even though there are a few that disagree and find it a good solution, many believe the practice is immoral and should be put to an end. A way to achieve that is to work on forgiveness and love, which can lead to taking action that will help resolve the problem and help them. As said by Richard Stearn, “The kingdom of which Christ spoke was one in which the poor, the sick, the grieving, cripples, slaves, women, children, widows, orphans, lepers, and aliens- ‘the least of these’ were to be lifted up and embraced by God. It was a world order in which justice was to become a reality, first in the hearts and minds of Jesus’ followers, and then to the wider society through their influence (2010).”

        Forgiveness and love are huge aspects in life, especially for Christians. In the Bible, the greatest commandment is found, which is to “love the Lord your God with all your heart, all your soul, all your strength, and all your mind, and love your neighbor as yourself (NLT).” We must first love God with our whole being. Second, we must love our neighbor as ourselves just as how we love God. In his book, author Richard Stearn says, “[i]f we truly love God, we will express in by loving our neighbors, and when we truly love our neighbors, it expresses our love for God (2010).” Also, in both Isaiah 58 and Matthew 25, God shares how our life should be lived. Our lifestyle should involve not only loving God, but loving people as well. Those people should include those who are poor, sick, and even those who are imprisoned for committing crimes that can be deemed as unforgivable. It is not the people who committed the crimes that are the enemy, but it is Satan who is making them do evil acts. However, evil cannot be overcome with evil, such as punishing them to spend prison on life, but evil can only be overcome by good. Good, meaning that we must love and be compassionate towards them, regardless of their wrongdoing. Just as God sees past our failures, we must also give them chances and extend grace towards them. It must be remembered that there is no sin that is so great that God cannot forgive, therefore, we must not exclude to love anyone based on the crimes they have committed.

“...we must love and be compassionate towards them, regardless of their wrongdoing.”

        A way that grace can be extended to juvenile delinquents is by fighting for them, and taking on great acts that can make a difference. For example, laws and propositions can be made that prevent juveniles from spending life in prison. In California, Governor Jerry Brown had proposed Proposition 57, which was approved and enacted earlier this year. Proposition 57 was very beneficial towards juveniles, as it permits minors who committed a crime to be tried in a juvenile court. Previously, the prosecutor had the power to send the minor and their case to an adult court; however, now that power is only limited to the judge. Although it does not completely eliminate the possibility of minors being sent to an adult court, it is still beneficial as the chances have decreased, which can be considered as a step towards solving the problem. Also, the proposition gives those who are sentenced to life in prison a chance to reduce their sentence, and seek parole (2016). By reducing their time, they are offered a chance at redemption.

        While Proposition 57 has taken a step in the right direction to ending the injustice in the juvenile justice system, it still does not completely solve the problem of punishing minors as adults. Therefore, laws and bills should still be proposed that can help abolish that practice. For example, California had recently proposed bills that contribute to suspending juveniles being sentenced to life without parole. Below are the bills that were proposed:

Senate Bill 395 would require a lawyer to be present before a child waives his or her Miranda rights during a law enforcement interrogation. Senate Bill 394 would make juvenile offenders sentenced to life terms eligible for parole consideration after 25 years. Senate Bill 190 would end the practice of charging administrative fees to families when children are held in detention. Senate Bill 439 would set a minimum age for the juvenile court system, removing anyone under 12 years old from its jurisdiction (2017).

The bills have not yet passed, yet, by consistently fighting to make a stand, their voices can be heard and children could, once again, be treated differently from adults when it comes to being punished in court.

Conclusion     

   In conclusion, the injustice in the juvenile justice system should be put to an end. Throughout history, it is evident that there is a clear difference in behavior between children and adults, and therefore, should be punished differently as well for the crimes that they commit. Currently, juveniles are still being tried as adults, where they have the possibility of being sentenced to life in prison. The majority oppose and deem that it is wrong to do so, as children are not only in the stage where their minds are still in the process of being developed, but also because they are still young, and still have the time to learn from their wrongdoings and change and grow into a better person. By being sentenced to life without parole, they are robbed of the chance to change and redeem themselves. Criminals can easily be viewed as evil people that should be kept away for the sake of humanity; however, it should not be forgotten how Jesus treated them during His time on earth. Jesus spent his time with sinners, which included criminals, prostitutes, and other types of people who were viewed as “bad people” (Mark 2:13-17, NLT). Yet, rather than condemning the sinners, He opened His arms extended His love, grace, and forgiveness towards them. The same must also apply towards God’s children. It says in Matthew 19: 13-14 that Jesus said, “[l]et the little children come to me. Don’t stop them! For the Kingdom of Heaven belongs to those who are like these children” (NLT). Here, Jesus emphasizes how valuable and important the children of God are. Jesus had also commanded that nothing shall be done to prevent God’s children from coming to Him. However, by sentencing them to spend their lives in prison, it limits them from becoming the people that God calls them to be. Therefore, the laws that permit that practice should be abolished. While there are propositions that are being enacted, the people must continuously fight for what is right.

REFERENCES

ABA Division for Public Education. (2007). The history of juvenile justice. American Bar Association.

Baldwin, J. (2012) Kids shouldn’t face dying in prison. The Huffington Post. Retrieved from http://www.huffingtonpost.com/jason-baldwin/supreme-court-juvenile-sentences-life-without-parole_b_1653920.html

Dobruck, J. (2017) State senators call for major reform of juvenile justice system. California State Senate Majority Caucus. Retrieved from http://sd30.senate.ca.gov/news/news/2017- 03-20-march-20-2017-long-beach-press-telegram-state-senators-call-major-reform

Hertz, R. (2012). Why life without parole is wrong for juveniles. The Nation. Retrieved from https://www.thenation.com/article/why-life-without-parole-wrong-juveniles/

Lawrence, R. (2008). Juvenile justice. Sage Publications, Inc.

New Life Bible (1999). New Living Translation. Wheaton: Tyndale House Publishers, Inc. Print.

Stearn, R. (2010). The hole in our gospel: what does God expect of us? Thomas Nelson. Print.

The Times Editorial Board. (2016). Prop 57 is a much-needed check on prosecutorial power. Vote yes. LA Times. Retrieved from http://www.latimes.com/opinion/editorials/la-ed-     end-proposition-57-20161004-snap-story.html

Weinberg, W. (2016). Prop 57 ends “direct file” in juvenile criminal cases. California Criminal Defense. Retrieved from https://www.californiacriminaldefenselawyerblog.com/2016/ 12/prop-57-ends-direct-file-juvenile-criminal-cases.html

Wyler, G. (2014).  The mass incarceration problem in America. Vice. Retrieved from https://news.vice.com/article/the-mass-incarceration-problem-in-america