Cecily Zamora
The law often treats youths differently from adults, and this has been a topic of debate and discussion. The juvenile justice system, established over a century ago, emphasizes rehabilitation and acknowledges the developmental differences between youth and adults. However, youth are still frequently prosecuted in the adult criminal justice system, facing harsh penalties and sentences. Research suggests that treating youth as adults does not reduce crime, and they are more susceptible to negative influences and have a greater capacity for change. Ageism and stereotypes about youth contribute to legal age restrictions and negative attitudes, impacting their rights and opportunities. While the law aims to protect young people, it also restricts their autonomy and participation in certain activities. The determination of when minors become legally responsible adults is complex and influenced by cultural, historical, and empirical factors.
| Characteristics | Values |
|---|---|
| Youths are tried as adults | Around 50,000 youths are transferred to the adult criminal justice system each year |
| Youth justice system | Emphasizes rehabilitation over punishment |
| Juvenile crime rates | Decreased since the 1990s |
| Youths are less blameworthy | More susceptible to negative peer influences |
| Youths have a greater capacity for change | More capable of rehabilitation |
| Youths have fewer rights | More restrictions on the right to bodily integrity, protection against unreasonable search and seizure, right to due process, equal protection before the law |
| Youths face segregation | Restricted from entering many businesses, barred from the working world, discouraged from interacting with people of other ages |
| Youths are capable | Many young people are employed, volunteer in the community, and have adult responsibilities |
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What You'll Learn
- Youths are less blameworthy and more capable of change and rehabilitation
- Youths are routinely charged and prosecuted in the adult criminal justice system
- Youths are impacted by ageism, which restricts their rights and freedoms
- Youths are often assumed to be incapable of taking on responsibilities and making decisions
- Youths are susceptible to negative peer influences and require guidance
Youths are less blameworthy and more capable of change and rehabilitation
Youths are inherently different from adults, and these differences should be considered when dealing with crime and punishment. Scientific research has shown that there are key developmental differences between youth and adults, which impact their decision-making, impulse control, and susceptibility to peer pressure. While these differences do not absolve young people of responsibility for their actions, they do suggest that youths are less blameworthy than adults.
The U.S. Supreme Court has acknowledged that youth are less blameworthy and has repeatedly emphasized their greater capacity for change and rehabilitation. This recognition has been reflected in cases such as Roper v. Simmons, Graham v. Florida, J.D.B. v. North Carolina, Miller v. Alabama, and Montgomery v. Louisiana. The establishment of a separate juvenile justice system over a century ago further underscores this understanding.
The juvenile justice system is designed with a focus on rehabilitation rather than punishment. It aims to address the unique needs of young offenders and provide them with opportunities for positive development. This approach is based on the understanding that youths are more malleable and receptive to change than adults. By emphasizing rehabilitation, the juvenile justice system seeks to guide young offenders towards becoming healthy and productive adults.
Research supports the notion that youth possess a greater capacity for change and rehabilitation. Developmental psychology, for instance, highlights the developmental immaturity of youth, their susceptibility to negative peer influences, and their potential for positive transformation. Neuroscience also plays a crucial role, revealing that key areas of the adolescent brain continue to develop until the mid-twenties. These scientific insights reinforce the notion that youths are less fixed in their ways and more capable of meaningful change.
In addition to their greater capacity for change, youth are also less blameworthy due to their limited life experiences and ongoing brain development. They may lack the maturity and perspective that come with age, which can influence their decision-making and behavior. Recognizing this, the law aims to provide youth with the guidance, support, and opportunities necessary for their personal growth and rehabilitation.
While the juvenile justice system has evolved over the years, it continues to face challenges. Ageism, negative stereotypes, and preconceptions about youth can impact the way young people are treated and the laws that govern them. It is important to address these biases and ensure that youth rights are protected, while also recognizing their unique developmental stage and potential for positive change.
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Youths are routinely charged and prosecuted in the adult criminal justice system
Despite the establishment of a separate juvenile justice system over a century ago, youth are routinely charged and prosecuted in the adult criminal justice system. Around 50,000 youth are transferred to the adult criminal justice system each year, despite research showing that treating youth as adults does not reduce crime. The number of youth facing adult prosecution increased substantially in the 1990s due to a baseless and racist myth that a generation of "super-predators" was on the rise. While crime has steadily decreased since that time, these laws continue to subject youth to criminal conviction and sentencing.
The juvenile justice system is designed to emphasize rehabilitation over punishment and is better suited to meet the needs of youth. Juvenile Law Center opposes the treatment of youth as adults and advocates for adequate due process when youth face possible involvement in the adult system. This includes ensuring that a judge makes the decision following a full and proper hearing, with the opportunity to appeal.
Scientific research has shown key developmental differences between youth and adults that impact youth’s decision-making, impulse control, and susceptibility to peer pressure. While these differences do not excuse youth from responsibility for their actions, the U.S. Supreme Court has repeatedly recognized that youth are less blameworthy than adults and more capable of change and rehabilitation. Developmental psychology, supported by neuroscience, has shown that key areas of the adolescent brain continue to develop until the mid-twenties.
This research has led to constitutional changes in how youth are sentenced when prosecuted in the criminal justice system and the adoption of new rules for law enforcement interrogation of youth, youth competency to stand trial, and the reliability of youth confessions. States are starting to rethink the wisdom of sending youth to be incarcerated with older, more experienced criminals, as youths tried as adults are more likely to commit crimes again than those who go through the juvenile justice system.
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Youths are impacted by ageism, which restricts their rights and freedoms
Ageism prevents young people from enjoying universal rights and freedoms, such as those outlined in the US Declaration of Independence, the US Bill of Rights, and the UN Universal Declaration of Human Rights. Young people face restrictions on their right to bodily integrity, including consenting to or refusing medical treatment. They may also experience violations of their right to due process, protection against unreasonable search and seizure, and equal protection before the law. Ageism also leads to segregation, with young people being excluded from many community activities and businesses. Youth curfews further restrict their freedom of movement and participation in society.
In the justice system, ageism has led to the treatment of youth as adults, despite scientific research showing key developmental differences between youth and adults. The juvenile justice system, established over a century ago, emphasizes rehabilitation over punishment and is better suited to meet the needs of youth. However, in the 1990s, the number of youth facing adult prosecution increased due to a baseless and racist myth of a generation of "super-predators." This shift resulted in youth being subjected to harsh penalties and incarceration with adult offenders, losing the rehabilitative approaches of the juvenile justice system.
The perception of youth as less responsible and blameworthy has led to mixed messages in sentencing and a lack of fair opportunities. While youth crimes are predominantly related to property theft and drugs, tough policies and the prosecution of minors as adults have contributed to a cycle of criminality. Research shows that youths tried as adults are 34% more likely to reoffend than those processed through the juvenile justice system. This highlights the importance of recognizing the unique developmental stage of youth and providing fair treatment and opportunities for a successful transition to adulthood.
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Youths are often assumed to be incapable of taking on responsibilities and making decisions
Additionally, age restrictions on activities such as voting, consuming alcohol, and making certain medical decisions are based on the assumption that youths lack the maturity and decision-making capabilities of adults. While these restrictions are put in place to protect young people, they can also limit their autonomy and hinder their ability to gain experience and make their own choices.
The perception that youths are incapable of taking on responsibilities and making decisions is further reinforced by stereotypes and preconceptions about their capabilities and contributions to society. However, it is important to recognize that not all youths fit these stereotypes, and many young people excel in various domains, assuming significant responsibilities at an early age. For instance, some youths are primary caregivers for ailing family members, run businesses, or engage in exceptional academic or extracurricular pursuits.
Research has also challenged the assumption that youths are incapable of taking on adult responsibilities. Studies have found that young people aged 11-13 can exhibit understanding, reasoning abilities, and appreciation within the normal range for adults. Furthermore, approximately 30% of 13-17-year-olds have reached a higher level of "adultness" than the average person aged 18 and older. These findings highlight the variability in youth capabilities and the potential for many young people to surpass the maturity and decision-making skills typically associated with adulthood.
Despite the assumptions and legal differences, it is important to recognize that youths do have rights and protections under the law. Organizations like the Juvenile Law Center work to ensure that youths involved in the justice system have meaningful rights, access to education, and developmentally appropriate treatment. Additionally, the juvenile justice system, established over a century ago, emphasizes rehabilitation over punishment and acknowledges the developmental differences between youth and adults.
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Youths are susceptible to negative peer influences and require guidance
Youths are highly susceptible to negative peer influences, and they require guidance to navigate the complexities of adolescence. Adolescence is a critical period marked by significant physical, emotional, and cognitive changes, and young people are still developing their sense of identity and their ability to make informed decisions.
Research has shown that there are key developmental differences between youth and adults that impact their decision-making abilities, impulse control, and susceptibility to peer pressure. While these differences do not absolve youths from responsibility for their actions, it is crucial to recognize that they are more susceptible to external influences and may exhibit impaired judgment due to their developmental stage.
Young people are often influenced by their peers, and this can have both positive and negative effects. Positive peer influence can foster a sense of belonging, encourage healthy behaviours, and enhance self-esteem. However, negative peer influence can lead to risky behaviours, such as substance abuse, delinquent acts, or engagement in unsafe activities. Youths may engage in these behaviours to gain acceptance, fit in with a particular group, or seek excitement and rebellion. It is important to note that not all youths are equally susceptible to negative peer influences, and individual factors such as self-esteem, personal values, and family environment also play a role.
Providing guidance to youths during this impressionable stage is essential for helping them navigate the challenges of adolescence and develop into healthy, responsible adults. Guidance can come in various forms, including parental involvement, mentorship programs, and positive role models within their community. It is important to foster an environment where youths feel supported, valued, and empowered to make positive choices. This may involve helping them develop critical thinking skills, enhancing their ability to resist negative influences, and encouraging them to cultivate healthy relationships with their peers.
Additionally, addressing ageism and the negative stereotypes associated with youth is crucial. Ageism against young people can manifest as negative attitudes, beliefs, biases, and preconceptions that strip them of their social, economic, and political power. Challenging these stereotypes and promoting a more positive and nuanced view of youth can help empower young people and ensure they receive the guidance and support they need during this critical stage of their development.
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Frequently asked questions
Youths are sometimes tried as adults due to a spike in juvenile homicides and concerns that young “superpredators” posed a danger to society. This led legislators to pass laws that made it easier to try minors as adults. However, research shows that treating youths as adults does not reduce crime, and the juvenile justice system is better suited to meet youths' needs, emphasizing rehabilitation over punishment.
The juvenile justice system was established to recognize that children who commit crimes are different from adults; they are less blameworthy and have a greater capacity for change and rehabilitation. The juvenile justice system focuses on rehabilitation and treatment rather than punishment and confinement in jails.
Ageism can result in legal age restrictions and negative attitudes, beliefs, biases, and stereotypes about youths. It can restrict youths' social, economic, and political power and limit their access to certain spaces and activities. Ageism can also affect the perception of youths' capabilities and responsibilities, influencing the laws and treatment they receive.
