Cecily Zamora
The question of whether the law should treat children and adults differently is a highly contested topic, especially in the context of criminal justice systems. While some argue that children should be held to the same standards as adults and face similar consequences, others emphasize the need to recognize children's unique developmental stage and advocate for a separate juvenile justice system that prioritizes rehabilitation. This debate is further complicated by factors such as race, with statistics indicating that black juvenile offenders are more likely to face adult courts and sentencing than their white peers. Ultimately, the discussion revolves around balancing the need for accountability and justice with an understanding of children's distinct needs and potential for change.
| Characteristics | Values |
|---|---|
| Children's understanding of consequences | Children may not be capable of understanding the consequences of their actions |
| Crime deterrence | Harsh sentencing acts as a deterrent to kids who are considering committing crimes |
| Crime rates | Trying children as adults has coincided with lower rates of juvenile crimes |
| Scientific theory | The brain's prefrontal lobe, which inhibits inappropriate behavior, may not reach full development until age 20 |
| Racism | Black juvenile offenders are far more likely to be transferred to adult courts than their white peers |
| Rehabilitation | Youth are more capable of rehabilitation than adults |
| Child status | Children should not be sentenced to die in prison or be given extreme sentences |
| Trauma | Children's trauma and adverse childhood experiences should be considered during sentencing |
| Child victims | Child victims of sex crimes should not be sentenced to decades in prison for acts of violence against their abusers |
| Child rights | Children have the right to privacy, protection from exploitation, and protection during war |
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What You'll Learn
Children's understanding of consequences
Firstly, it is important to recognise that children's brains are still developing, and this has a direct impact on their ability to understand consequences. Research suggests that the prefrontal cortex, which is responsible for behaviour control and critical thinking, is the last part of the brain to fully develop. Before the age of six, children are considered pre-operational in their thinking, meaning they struggle to plan and imagine the consequences of their actions. As children enter the school-age range of 6-13 years old, their understanding of consequences improves, but they still lack abstract thinking skills. It is only around the age of 13 that children become much better at understanding consequences. Therefore, expecting young children to fully grasp the concept of consequences and make informed decisions is unrealistic and unfair.
Consequently, when guiding children's behaviour, it is essential to utilise consequences as a response to their actions rather than criticising their character. Positive consequences, such as praise and encouragement, can be powerful tools in shaping positive behaviour. For example, instead of criticising a child for not sharing a toy, a parent can link the behaviour to a family rule and explain the positive outcome of sharing. Additionally, allowing children to experience the natural consequences of their actions can be beneficial, as it helps them learn from their mistakes without feeling criticised or discouraged.
In the context of the law, the understanding of consequences among children becomes even more critical. There is a prevailing view that children should be treated differently from adults in the justice system due to their unique characteristics and developmental differences. Children's underdeveloped brains and propensity for impulsive decision-making are generally recognised in policies that prohibit children from voting, entering contracts, or consuming alcohol. However, when it comes to criminal justice, children are often treated similarly to adults, facing harsh mandatory minimum sentences and extreme punishments. This discrepancy highlights a need for reform, as children's understanding of consequences may not be fully developed, and they may not grasp the severity of their actions or the implications of violence.
Furthermore, it is essential to consider the role of adults in providing children with access to deadly weapons. In some cases, adults who furnish children with guns used in violent crimes should be held accountable alongside the children themselves. Additionally, the current system has been criticised for its racial biases, with black juvenile offenders being more likely to face adult courts and sentences than their white peers for similar offences.
In conclusion, children's understanding of consequences is a multifaceted issue that develops as they grow older. This understanding has significant implications for how the law should treat children differently from adults, especially in the context of criminal justice. Recognising children's unique developmental stage and providing appropriate consequences can help guide their behaviour and ensure fair treatment under the law.
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Racism in the justice system
The criminal justice system in the United States has been criticised for its treatment of children, with many believing that the law should differentiate between children and adults. The main argument is that children are not as cognitively developed as adults and therefore should not be held to the same standards. This is supported by scientific studies that show the brain's prefrontal lobe, which inhibits inappropriate behaviour, may not be fully developed until the age of 20. Despite this, the US justice system has, in the past, tried children as young as 10 years old as adults, exposing them to harsh mandatory minimum sentences and extreme sentences, such as life without parole.
This issue is further exacerbated by the racial disparities present in the US justice system. Black people are incarcerated at more than five times the rate of white people, with Black men comprising about 13% of the male general population but accounting for about 35% of those incarcerated. This disparity is a result of biased policing and unfair judicial precedents, rooted in anti-Blackness and racial discrimination. Black people are more likely to be stopped by the police, detained pretrial, charged with more serious crimes, and sentenced more harshly than white people. This is despite the fact that there is no evidence that these disproportionate rates of criminal justice contact and incarceration are making communities safer.
Furthermore, Black juvenile offenders are far more likely to be transferred to adult courts and serve adult time than their white peers who have committed comparable crimes. This is indicative of the systemic racism present in the US justice system, which has historically and unjustifiably targeted Black people through discriminatory criminal justice policies and practices. The emotional, mental, physical, and financial impact of this unjust system is tangible for millions of Black people in the US.
To address these issues, reforms must be made to eliminate race-based discrimination in policing, courts, and incarceration. This includes instructing federal prosecutors to refrain from practices that lead to higher sentences for Black individuals, such as seeking sentencing enhancements or life without the possibility of parole. Additionally, judges should be allowed to consider the differences between children and adult offenders and depart from mandatory minimum sentences when sentencing children. By recognising the unique circumstances of children and addressing the structural inequities that disproportionately affect Black communities, the US justice system can move towards a more fair and equitable future.
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Child brain development
The brain's development is a protracted process that begins about two weeks after conception and continues into young adulthood. The brain's development is influenced by both genetics and early childhood environmental factors. The first skills newborns acquire are recognizing and tracking objects and faces, as the occipital lobe, which is important for vision and visual integration, develops first. Subsequently, as the brain develops forward in the first year of life, children begin learning language and motor skills. Finally, the frontal lobe develops, a process that continues until early adulthood. The frontal lobe is involved in higher cognitive functioning, such as motor planning, behaviour, personality, impulsivity, and executive functioning.
The first five years of brain development are critical to long-term learning potential and success in life. Early experiences in a child's life can help establish a foundation for cognitive, emotional, and social capacities throughout their life. Positive experiences drive healthy brain growth, while adverse childhood experiences like poverty, exposure to violence, and lack of access to quality early learning experiences can derail development. Children exposed to chronic stress are more likely to face challenges in school, relationships, and health. Supportive relationships and nurturing environments can buffer these effects, helping children build resilience.
The brain's prefrontal lobe, which plays a crucial role in inhibiting inappropriate behaviour, may not reach full development until age 20. This underdevelopment is why children are not allowed to vote, enter into contracts, work in certain industries, get married, join the military, or use alcohol or tobacco products.
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Juvenile justice system
The juvenile justice system is a separate system of criminal justice designed for children who commit crimes. The first juvenile court was established in Cook County, Illinois in 1899, and by the mid-1920s, every state in the US had a similar system in place. The juvenile justice system is based on the understanding that children who commit crimes are less blameworthy than adults and have a greater capacity for change.
The establishment of the juvenile justice system was prompted by the recognition that children are fundamentally different from adults in terms of culpability and brain development. Recent studies suggest that the brain's prefrontal lobe, which plays a role in inhibiting inappropriate behavior, may not fully develop until age 20 or even 25. This means that children are more impulsive, immature, and prone to risk-taking and law-breaking behaviors. As such, the juvenile justice system focuses on rehabilitation rather than punishment, with judges drawing from a range of legal options to meet both the safety needs of the public and the treatment needs of the youth.
However, in the late 1980s and early 1990s, an increase in juvenile crime rates led to a shift in policy. States began passing laws to make it easier to transfer children into the adult criminal justice system, exposing them to harsh mandatory minimum sentences and extreme sentences like life without parole. This shift has been criticized for neglecting the unique needs and vulnerabilities of children and for subjecting them to the potential dangers and abuses of incarceration with adult offenders.
In recent years, there has been a push to reinstate the protections of the juvenile justice system and to ensure that children are treated differently from adults in the criminal justice system. Organizations like Human Rights Watch and the Juvenile Law Center advocate for more age-appropriate and rehabilitative approaches, highlighting the trauma and adverse childhood experiences that many children in the justice system have experienced. Additionally, legislation such as H.R. 1949 and H.R. 1950 aims to address the use of mandatory minimum sentences on children and to allow judges more flexibility in sentencing.
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Child victims of crime
Children are some of the most vulnerable members of society and are widely regarded as needing greater care and protection. Despite this, they are frequently victims of or witnesses to violence, abuse, and other crimes, including domestic violence, community violence, physical assault, sexual assault, commercial sexual exploitation, and child maltreatment.
Children who are victims of prolonged sexual abuse, for example, often develop low self-esteem, a feeling of worthlessness, and an abnormal or distorted view of sex. They may become withdrawn and mistrustful of adults and can become suicidal. Children who do not live with both parents and those living in homes marked by parental discord, divorce, or domestic violence are at a higher risk of being sexually abused. A Bureau of Justice Statistics report shows that 1.6% (16 out of 1,000) of children between the ages of 12 and 17 were victims of rape or sexual assault.
In the context of the criminal justice system, children are treated similarly to adults in some ways. For example, in the late 1980s and early 1990s, states began passing laws to make it easier to transfer children into the adult criminal justice system, exposing them to harsh mandatory minimum sentences and extreme sentences like life without parole. By the year 2000, a child as young as 10 years old could be tried as an adult for certain offenses. An estimated 76,000 children are prosecuted in the adult criminal justice system every year in the United States.
However, there are also efforts to recognize the unique vulnerabilities and needs of child victims of crime. For example, H.R. 1950, also known as Sara's Law, allows judges to depart from mandatory minimum sentences or suspend portions of sentences when a child has committed a crime against someone who has previously sexually abused them. This recognizes the trauma and exploitation that child victims of crime may have experienced.
Overall, while there are some efforts to treat child victims of crime differently and provide them with appropriate support, there is also a need for further reform to ensure that children are protected and their unique needs are addressed within the criminal justice system.
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Frequently asked questions
The law should differentiate between kids and adults because children's brains are underdeveloped, and they are prone to making impulsive decisions. Scientific research shows key developmental differences between youth and adults that impact their decision-making, impulse control, and susceptibility to peer pressure. Furthermore, children who are accused of breaking the law should not be put in prison forever or put in prison with adults. Prison should be the last resort and only for the shortest time possible.
No, children should not be tried in adult courts. The juvenile justice system, which emphasizes rehabilitation over punishment, is better suited to meet the needs of youth. Harsh sentencing can act as a deterrent to children considering committing crimes, but light sentences do not teach them the lesson that if they commit a terrible crime, they will spend a considerable part of their life in jail.
There are several arguments in favour of treating kids and adults differently in the eyes of the law. Firstly, children are less blameworthy than adults and have a greater capacity for change and rehabilitation. Secondly, children have different rights than adults, such as the right to privacy, protection from exploitation, and freedom of opinion. Finally, children are more susceptible to external influences such as adult supervision and peer pressure, which should be considered when determining their culpability.
