Should Anyone Under 21 be Considered a Juvenile?
Background/History (AO)
DEFINITION
Merriam Webster definition of Juvenile: being in the early stage of life, growth, or development (AO)
"38. "Juvenile" Defined
A "juvenile" is a person who has not attained his eighteenth birthday, and "juvenile delinquency" is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult. A person over eighteen but under twenty-one years of age is also accorded juvenile treatment if the act of juvenile delinquency occurred prior to his eighteenth birthday. See 18 U.S.C. § 5031." (AO)
"Juvenile justice is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years. Juvenile law is mainly governed by state law and most states have enacted a juvenile code. The main goal of the juvenile justice system is rehabilitation rather than punishment.
Juveniles can be transferred into adult court if the juvenile court waives or relinquishes its jurisdiction." (AO)
For: UNDER 21 SHOULD BE CONSIDERED A JUVENILE
LEGAL/JUSTICE REASONS
https//www.justice gov/crt/rights-juveniles (DG)
Research in neuro biolology and psychological development show that the brain is not fully developed until mid 20's. (AO)
PSYCHOLOGICAL REASONS
Research in neuro biolology and psychological development show that the brain is not fully developed until early to mid 20's. (AO)
After Connecticut ruled to move the juvenile age from 16 to 18 and incorporated more rehabilitative resources as an option for a broader age range, the number of people 18-21 in prison dropped 51%, as well as saw a drop in the populatoin of the hospitals and detention centers of youths tried as adults. (AO)
Coalition for Juvenile Justice http://juvjustice.org/our-work/safety-opportunity-and-success-project/national-standards/section-i-principles-respondin-10 (AO)
American Academy of Child and Adolescent Psychiatry https://www.aacap.org/aacap/families_and_youth/facts_for_families/FFF-Guide/The-Teen-Brain-Behavior-Problem-Solving-and-Decision-Making-095.aspx (AO)
The frontal cortex, which enables ligic and reasoning does not develop until 'adulthood', however the amygdala which triggers fear, agression and impulsiveness developes early. (AO)
Against: Not all of those under 21 should be considered a minor
LEGAL/JUSTICE REASONS
What is the difference between a juvenile and a minor? (AO)
"Raising the Age Juveniles are Tried as Adults Doesn't Lower Crime" https://www.nytimes.com/roomfordebate/2015/12/14/what-age-should-young-criminals-be-tried-as-adults/raising-the-age-juveniles-are-tried-as-adults-doesnt-lower-crime (AO)
The style of rehabilitation may lower crime, but the change on age does not directly lower crime (AO)
Studies show that the most common juvenile offenses, which are drug and property crimes, show little change in offenses before and after the current 'age of majority'. (AO)
"Should 'anyone' under 21 be considered a juvenile?" (AO)
Who should be? (AO)
Who shouldn't be? (AO)
A juvenile is said to be a person who is not old enough to be an adult. An adult is, "now" defined as a level of maturity, during the ages of ages 18 to 29. So, there are many people under 21 that are juveniles., because they haven't fully matured into an adult.(DG)
People are very different, some mature much faster than others, because of both environmental and genetic reasons. Statistics show that the majority of women, mature younger than men, but not always. There are many people that take on the family role at a young age. Taking on responsibilities of raising a family is the quickest way for someone to mature into adult. Therefore, I know many people who shouldn't be called a juvenile that are under the age of 21. (DG)
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"Studies comparing youths with similar backgrounds and similar convictions, the more rehabilitative juvenile justice system was repeatedly found to have lower rearrest rates than the adult system." (AO)
Because a human brain is not fully developed by the age of 18, I can say that most people are considered a juvenile at this age. Psychologists have added a new term emerging adulthood, to refer to the time period from adolescence to the young-adult, approximately ages 18 to 25.( Psychology in Action 11E pg 294) (DG)
Mental/Brain Development
Teenagers are less likely to focus on the long term consequences of their actions, the same has not been shown with young adults. (RR)
(E. Evans) Lawmakers in Georgia, Michigan and Missouri considered and developed legislation to raise the age of criminal responsibility from 17 to 18. Since the passing of this legislature in 2007, Connecticut. Illinois, Louisiana, Massachusetts, Mississippi, New Hampshire, and South Carolina have all developed laws that raise the age to 18.
Source: http://www.justicepolicy.org/uploads/justicepolicy/documents/raisetheagesummary_final_3_6_16.pdf
(E. Evans) Current Connecticut Gov. Dannel Malloy said "Here's the reality. Raise the Age resulted in a significant decrease in the number of cases, and today I am proud to report that we have the lowest number of juveniles in pre-trial detention."
Source:http://www.justicepolicy.org/uploads/justicepolicy/documents/raisetheagesummary_final_3_6_16.pdf
DIFFERENT ANGLES TO LOOK AT (AO)
Individuals develop mental and emotional maturity at different rates. (RR)
Being tried as an adult and going into the prison system opens dangers to as rape, depression, suicide, assault( AO)
Difference between minor and juvenile? (CL).
International ages and issues
Maturity. Should the law be changed for the types of rehabilitation and development vs. age?
Minor: a minor is a person under a certain age, usually the age of majority, which legally demarcates childhood from adulthood. The age of majority depends upon jurisdiction and application, but it is generally 18 or 21. (CL).
Juvenile: juvenile is defined as a person who is not old enough to be held responsible for criminal acts. In most states and on the federal level, this age threshold is set at 18 years. (CL).
Minor may also be used in contexts that are unconnected to the overall age of majority. (CL).
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INFO ON JEVENILES TRIED AS ADULTS, and which side does it support?
(E. Evans) This past year, Connecticut Gov. Dannel Malloy introduced a bill that increased the age of legal responsibility to 21.
Source: https://www.cga.ct.gov/2017/TOB/h/2017HB-07045-R00-HB.htm
Federal Law that all juveniles have access to education (RR)
Individuals with Disabilities Act - incarcerated youth with learning disabilities be granted access to special education services, and means to prepare for colege (RR)
11% of adult prisons and jails provide special education services (RR)
7% provided any kind of vocational training (RR)
Study in 2005 showed that only 40 percent of adult prisons/jails provided education services. (RR)
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Minors in Sex Crime Cases
In the state of Michigan, a person must be at least 16 years of age to consent to sexual activity. A person under the age of 16 is considered a minor in sex crime cases, and anyone over the age of consent who has sexual contact with a person under the age of 16 is subject to criminal charges. (CL).
A minor usually refers to a person under the age of 18, but can also refer to any person under the ‘legal age’ for certain activities.
(CL).
Minors in Alcohol and DUI Cases
The legal drinking age is 21, and persons under the age of 21 can be referred to as minors in alcohol related cases. Drinking, possessing, or transporting alcohol, or having any blood alcohol content can result in serious criminal charges including Minor in Possession of Alcohol, DUI, or other alcohol related charges. (CL).
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(E.Evans) Story: Anthony Laster, who was 15 years old at the time, had an IQ of 58. His relatives described Anthony as having an immature mind. In 1998, not long after his mother passed away, Anthony stole $2 from another student at his school so he could get something to eat. His family reported this crime which led him to be prosecuted as an adult. This story greatly emphasizes the importance the maturity (and age) when it comes to prosecution.
When is adult punishment acceptable for juveniles? https://www.nytimes.com/roomfordebate/2012/06/05/when-to-punish-a-young-offender-and-when-to-rehabilitate/adult-punishments-for-juveniles (RR)
Most cases that involve juvenile offenders are taken care of by juvenile courts, Including minor crimes of theft to murder and rape. (RR)
Juvenile court systems offer a better opportunity for forgiveness and rehabilitation. The goal is to help the offenders chose a better path for their life. (RR)
Not all cases involving juvenile offenders are dealt with by juvenile courts. Some cases that are deemed to have been well thought out or the offender is thought to know exactly what they were doing, then goes to adult court. (RR)
Example: 16 yr/old Sarah Johnson's plot to murder her parents and blame an intruder. Her malicious and well planned intent landed her in adult court. (RR)
Usually the violent and mallicious crimes are moved to adult court. (RR)
"Youth are disproportionately represented in statistics on crime and violence, both as victims and as perpetrators, and in many developed countries violent crimes are being committed at younger ages than in the past." (EB)UN Fact Sheet
Youth: Defined by the United Nations as between 15 and 24 years of age. (EB) UN Fact Sheet
Why?
Some teens and people in early 20's who were subject to unusual and/or traumatic circumstances that possibly impeded normal brain development - only with extensive evaluation. For example, people who grew up in an abusive environment may have a warped perception of what "normal" and "acceptable" is, by no fault of their own. (EB)
Degree of offense should be taken into account. (EB)
"The majority of youth prosecuted in adult court are charged with nonviolent offenses." (EB) GenFKD
In the 1980's, Juvenile Justice laws were made more strict, due to a rise in crime rates. Many thought this rise was due to too much leniency toward the juveniles.
(EB)
Proves Biological/Nature