Impact of Adult Sentencing of Minors in the USA
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Introduction and Thesis
The American criminal justice system has devolved the mandate to determine the course the law takes regarding minor offenders to states. As a result, different states have instituted different procedures on how to deal with juvenile offenders from the point the presiding judge wavers a case to a criminal court. This paper will examine the ethical concerns associated with trying a minor in adult court and the long term implications it may have on the child.
Facts
- According to the ACLU Fact sheet on the juvenile Justice System (2020), it costs an estimated $50,000 to lock up a juvenile on average, per year.
- Two American states have recently spent more on corrections than on university-level scholarships for their youth.
- Reigning in errant behavior by minors effectively at an early age reduces further costs down the line and increases their chances of being productive individuals (Aizer et al., 2015).
- Juveniles in adult corrections centers are at more than 100% risk of being sexually assaulted and physically abused than if they are held in juvenile rehabilitation facilities.
- A large percentage of youth prosecuted in adult court are not violent offenders, nor capital crime offenders (Mistrett, 2016).
- About 200 000 children are sentenced to serve time in adult correctional facilities annually across the USA (Mistrett 2016).
- Youths in adult jails are 36 times more likely to commit suicide than their peers in juvenile correction facilities.
- Teens who serve time in adult prisons receive a criminal record that impedes their chances of living an ordinary citizen’s life (Mistrett 2016).
Discussion
Placing minors among hardened adult convicts is a no-win situation. Herein I will discuss why the criminal justice system should conduct a re-assessment on the incarceration of juveniles.
Firstly, there is a markedly higher chance of recidivism for a minor who was incarcerated with adults than one who is rehabilitated in a children’s correction center (Taylor, 2015). Such minors are often scarred by the emotional trauma they have to deal with at a correctional facility. When they are released, it is harder for them to reintegrate into society as they have been detached from it during their formative years. Indeed some of them may be termed as ‘institutionalized’ and henceforth unable to cope with the socio-economic demands of life outside prison and hence revert to crime to make ends meet. Moreover, most of them lack the social awareness and parental care to facilitate them completing school or developing spirituality, unlike their age mates who may be in juvenile rehabilitation centers (Aizer et al. 2015).
Another ethical issue regards the juvenile’s mental health. Mistrett (2016) argues that correction officers wrongly seek to segregate children in adult facilities to protect them from older inmates. The only facilities available for such a purpose are solitary confinement cells. This camped up little space often has no light or window and has no access to the environment, such as sunrays and elements of nature. It is meant to punish offenders who are serving time. Such conditions are causative influences for anxiety and depressive thoughts despite it being a haven compared to everyday prison life. Some of the minors placed in such circumstances are usually dealing with other psychological issues; as such, their mental awareness may deteriorate rapidly, often culminating in suicide attempts where they were sent to seek recovery. This, coupled with the fact that adult prison facilities do not have trained personnel to counsel troubles youth makes for grim reading.
Lastly, youth in adult prisons are unable to defend themselves from physical abuse. This is often meted out to them by their fellow inmates likely to be stronger and more prominent as well as prison staff who may pick on them (Mistrett, 2016). The risk of these is much higher in adult corrections than in juvenile corrections center where one can defend themselves. Moreover, a large percentage of the youth in grown-up prison undergo routine sexual victimization that is likely to impact their long term physical and mental health (Taylor, 2015). This is particularly so for male prison facilities where sexual abuse among inmates is rife. According to Mcgurk et al. (2000), most of the minors do not report such cases for fear of retribution, and the fact that it is so widespread there is little to nothing the prison authorities can do about it. These kids are placed in a dire situation that would have been significantly better had they been sentenced among their peers.
Conclusion
Kids are placed at significant risks when incarcerated alongside adults. They are faced with difficult surroundings where there have to be on constant guard against physical and mental threats and, at the same time, grow and develop like any other human teenager. It is crucial that the matter of sentencing minors to juvenile institutions is upheld across the board and perhaps institute transfers to adult institutions once they come of the age of the majority. If not so, we risk giving up on a host of children who deserve a second chance.
References
(2020). Retrieved 30 April 2020, from https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwic8bO5mJHpAhUHmBQKHXLkAzwQFjAAegQIAhAB&url=https%3A%2F%2Fwww.aclu.org%2Fother%2Faclu-fact-sheet-juvenile-justice-system&usg=AOvVaw1QNYqFqeFANHx3lLoO-m8S
Aizer, A., & Doyle Jr, J. J. (2015). Juvenile incarceration, human capital, and future crime: Evidence from randomly assigned judges. The Quarterly Journal of Economics, 130(2), 759-803.
McGurk, B. J., Forde, R., & Barnes, A. (2000). Sexual Victimisation Among 15-17-year-old Offenders in Prison. London: Home Office.
Mistrett, M. (2016). CFYJ 2016 year in review.
Taylor, M. (2015). Juvenile transfers to adult court: An examination of the long‐term outcomes of transferred and non‐transferred juveniles. Juvenile and Family Court Journal, 66(4), 29-47.