Abolish the Juvenile Court: Youthfulness, Criminal Responsibility, and Sentencing Policy
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Youthfulness, responsibility and punishment Admonishing adolescents in criminal court
This article describes interaction in a criminal (adult) court in which adolescents are punished. As a result of the particular set of courtroom dynamics and the youthfulness of the defendants in this court, two potentially conflicting ideas about punishment are expressed concurrently: (1) proportionality, and (2) reduced culpability among youth. I demonstrate how judges talk to adolescent defe...
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In a trilogy of cases, the Supreme Court applied the Eighth Amendment to the entire category of juvenile offenders, repudiated its “death is different” jurisprudence, and required states to consider youthfulness as a mitigating factor in sentencing. Roper v. Simmons prohibited states from executing offenders for murder they committed when younger than eighteen years of age. Roper reasoned that ...
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Title: MECHANISMS OF JUVENILE TRANSFER: VARIATIONS IN INCARCERATION AND SENTENCE LENGTH IN CRIMINAL COURT Benta Katrine Samuelson Master of Arts, 2010 Thesis Directed By: Dr. Brian Johnson Department of Criminology and Criminal Justice The judge’s ability to transfer a juvenile to adult court through judicial waiver has been in existence since the inception of the juvenile court in 1899. Howeve...
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Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile s...
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Criminal sanctions involve the deliberate infliction of hardship on offenders.1 In sentencing, the state acts in its most coercive and decisive manner: ‘the state may use its most awesome power: the power to use force against its citizens and others’.2 Despite the importance of the interests at stake in the sentencing realm, sentencing is arguably the least coherent, predictable and principled ...
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