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Posted: January 26th, 2024
Juvenile crimes. Should minors be sent to jail? Should minors be charged with the death penalty? Is an 18-year-old an adult?
Juvenile crimes are a serious social problem that raises many ethical and legal questions. Should minors be sent to jail for committing crimes? Should minors be charged with the death penalty for murder? Is an 18-year-old an adult who can be held fully responsible for their actions? These are some of the issues that this paper will explore, using relevant data and examples from different countries and perspectives.
One of the main arguments in favor of sending minors to jail is that it serves as a deterrent and a punishment for their crimes. According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), in 2019, there were about 43,000 juveniles in residential placement facilities in the United States, which include jails, prisons, detention centers, and correctional institutions (OJJDP, 2021). The proponents of this approach claim that incarcerating minors will prevent them from reoffending and teach them a lesson about the consequences of their actions. However, there are also many drawbacks and risks associated with this policy. For instance, research has shown that sending minors to jail can have negative effects on their mental health, education, and future prospects (Justice Policy Institute, 2014). Moreover, exposing minors to adult offenders can increase their chances of becoming more violent and criminalized (Mendel, 2011). Therefore, some alternatives to jail have been proposed, such as community service, counseling, rehabilitation programs, and restorative justice.
Another controversial issue is whether minors should be charged with the death penalty for murder. According to Amnesty International, as of 2020, there were 19 countries that still retained the death penalty for crimes committed by people under 18 years of age, such as Iran, Saudi Arabia, Pakistan, and China (Amnesty International, 2020). The supporters of this practice argue that some crimes are so heinous and atrocious that they deserve the ultimate punishment, regardless of the age of the perpetrator. They also claim that the death penalty can deter other potential murderers and provide justice for the victims and their families. However, there are also many human rights and ethical objections to this practice. For example, the United Nations Convention on the Rights of the Child (CRC), which has been ratified by almost every country in the world except for the United States and Somalia, prohibits the imposition of capital punishment for offenses committed by persons below 18 years of age (UNICEF, 1989). The opponents of this practice argue that minors are not fully mature and rational beings who can understand the gravity and implications of their actions. They also contend that the death penalty is cruel, inhumane, irreversible, and ineffective in reducing crime rates.
A related question is whether an 18-year-old is an adult who can be held fully accountable for their crimes. In most countries, 18 is the legal age of majority, which means that a person is considered an adult who can vote, marry, sign contracts, and be tried in adult courts. However, some recent scientific evidence suggests that brain development continues until the mid-20s or even later (Johnson et al., 2009). This implies that an 18-year-old may not have reached the full cognitive and emotional capacities of an adult. Therefore, some experts have suggested that the legal age of adulthood should be raised or adjusted according to different contexts and situations (Steinberg et al., 2009). For example, some countries have different ages for drinking alcohol, driving cars, or consenting to sex. Similarly, some countries have different ages for criminal responsibility or eligibility for juvenile justice systems.
In conclusion, juvenile crimes are a complex and multifaceted phenomenon that requires a balanced and nuanced approach. There is no simple or definitive answer to whether minors should be sent to jail, charged with the death penalty, or treated as adults. Rather, each case should be evaluated individually and holistically, taking into account the nature and circumstances of the crime, the characteristics and needs of the offender, and the interests and rights of the society.
References:
Amnesty International. (2020). Death sentences and executions 2019. Retrieved from https://www.amnesty.org/download/Documents/ACT5051142020ENGLISH.PDF
Johnson S.B., Blum R.W., Giedd J.N. (2009). Adolescent maturity and the brain: The promise and pitfalls of neuroscience research in adolescent health policy. Journal of Adolescent Health. 45(3):216–221.
Justice Policy Institute. (2014). Sticker shock: Calculating the full price tag for youth incarceration. Retrieved from http://www.justicepolicy.org/uploads/justicepolicy/documents/sticker_shock_final_v2.pdf
Mendel R.A. (2011). No place for kids: The case for reducing juvenile incarceration. Retrieved from http://www.aecf.org/m/resourcedoc/aecf-NoPlaceForKidsFullReport-2011.pdf
Office of Juvenile Justice and Delinquency Prevention. (2021). Juveniles in residential placement, 2019. Retrieved from https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/media/document/juveniles-in-residential-placement-2019.pdf
Steinberg L., Cauffman E., Woolard J., Graham S., Banich M. (2009). Are adolescents less mature than adults?: Minors’ access to abortion, the juvenile death penalty, and the
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