In attempt to deter juveniles from committing deviant crimes, states in favor of juveniles charged as adults place firm laws similar to California’s Proposition 21 . Let it be known that laws will not abate crime, but rather provide a means of punishment. However, questions regarding the appropriateness and severity of adult charges against youth offenders are constantly being raised. Before sentencing a child a juvenile as an adult ,the U.S juvenile system needs to consider the psychological and emotional factors, the situation, as well as the future and well being of the juvenile,.
Take Lionel Tate, and Andy Williams who faced harsh sentences under Florida and California laws. In the state of Florida under the 1981 statute, prosecutors are granted discretion as to whether to charge juveniles as adults. As a result, Lionel Tate a twelve-year- old boy at the time, was convicted and sentenced to life without parole when wrestling with his six-year-old playmate got out of hand. Tate represents the failing juvenile system considering “the inappropriateness of charges a prosecutor can bring against a juvenile in these cases”(Robinson, Bryan s. “2 Teens At Center Of Juvenile Crime Debate.” ABC News, ABC News Network, 9 Mar. 1970, 2:53, abcnews.go.com/US/story?id=93887&page=1.). Critics of Lionel Tates case argue that given the research from the Journal Crime and Delinquency Journals, an adult sentence in the case of tate won’t help considering “that juveniles in the adult prison system are approximately 33 percent more likely to continue committing crimes than those who have gone through the juvenile system”(Robinson, Bryan s. “2 Teens At Center Of Juvenile Crime Debate.” ABC News, ABC News Network, 9 Mar. 1970, 2:53, abcnews.go.com/US/story?id=93887&page=1).
On the other hand, Andy Williams a 14- year- old boy, was charged life without parole under California’s Proposition 21. Despite this atrocity, Matt Ross leader of a Proposition 21 campaign continues to see the measures of this proposition befitting to the violent offenders as an attempt to “ formalize the rehabilitation and probation process, requiring juveniles to participate in rehab programs, giving juvenile probation the same standards as adult probation”(Robinson, Bryan s. “2 Teens At Center Of Juvenile Crime Debate.” ABC News, ABC News Network, 9 Mar. 1970, 2:53, abcnews.go.com/US/story?id=93887&page=1). His mother and opposers of his sentencing think his life and future are over. They desire to know what happened to drive Williams on a killing spree. According to Jeffrey Fagan, professor of law at Columbia University and director of its Center for Violence Research and Prevention, “I don’t think anything was going to deter them … they were driven by emotional and psychological factors.’
Dr. Rose Spielman, a licensed clinical psychologist and content lead writer of Openstax Psychology, an online book states “ The frontal lobe is located in the forward part of the brain, and consist of the motor cortex, which is involved in planning and coordinating movement; the prefrontal cortex, which is responsible for higher-level cognitive functioning”. This part of the brain however, does not fully develop until 25. During the time of a developing prefrontal cortex, a teen has a possibility of developing traumatic brain injury-a major global health problem. This neurological disorder “results in temporary or permanent changes in motor, cognitive and behavioral areas” (Prefrontal Cortex : Developmental Differences, Executive and Cognitive Functions ). Therefore, heinous crimes committed by teens possibly can be accounted for psychological instability.
The teenage and adolescent years are some of the toughest years we all have to go through. In fact, this is the time where homicides, binge drinking, and psychosis occur. On top of that, people at this age may or may not develop coping mechanisms and as a result are overwhelmed by emotional stress. The list above has many influential factors that can derive from emotional stress and account for mal behavior . Out of that list, psychiatric disorders- a wide range of conditions that affect mood, thinking, and behavior, sticks out the most.
Depression is one of the most common types of psychiatric disorders affecting four to eight percent of adolescents. By the age of 18 “about 20 percent of adolescents will have struggled with clinical depression”(Mental Health Disorders in Adolescents : A Guide for Parents, Teachers, and Professionals.) An adult battling with depression will seem sad and tearful, but an adolescent with the same illness may exhibit irritable and angry behavior. Psychiatrist point out that biological, psychological and social factors cause depression.
There is strong evidence that correlates depression as a biological illness that causes abnormal brain functioning. Studies have revealed several genes linked to depression. When these genes are present in an abnormal form, they “appear to predispose an individual to developing depression, particularly when the individual is faced with stressful life events” (Mental Health Disorders in Adolescents : A Guide for Parents, Teachers, and Professionals). The two neurotransmitters that play a pivotal for a role in depression are serotonin and norepinephrine. A variety of medications are used to treat these neurotransmitters, however if left untreated, one can develop a low self esteem, agitation , and even suicidal thoughts.
Social factors may also play a critical role in our lives that sometimes can contribute to the the development of depression. Healthy relationships with family and friends create a positive social environment full of security and appreciation. Conversely , the struggle to maintain a healthy relationships can cause difficulty. Feelings of isolation from peers and family also tend to arise. Therefore, environment saturated in hostility and conflict can result in depression.
There are many explanations that can account for teenage turmoil, intellectual maturity is not really one of them. In a revealing psychological experiment, the Iowa gambling task Subjects can choose from one of two decks of cards in the hope of picking a card that provides a reward. The ‘good’ deck contains many cards that provide some reward; the ‘bad’ one, many cards that provide nothing and insufficient compensation in the form of a few that hold a jackpot. The choices of adults correspond well in respect to their tested reasoning capacity. The adolescence, the correlation was much weaker. It wasn’t the answers they provided that posed a threat, it was the emotional state in which they were given. With that being said, scientific research points the answer for the differences in the adult choices and in adolescence choices to difference in brain structure, sociological factors, and the environment.
Human brain circuitry does not reach maturity until the early 20s. Close to the time of full maturation,the last connections are the links between the prefrontal cortex, seat of judgment and problem-solving, and the emotional centers in the limbic system, especially the amygdala. These links are critical for emotional learning and high-level self-regulation.
Given the substantial evidence above, it is a strong possibility that youth offenders behavior is based on immaturity of the brain’s development or even chemical imbalances. Both Williams and Tate committed acts that were more than likely driven by scientifically proven factors. For the U.S juvenile system to not consider these factors in all states andin all cases, proves them to be hasty and humane.
The reasoning behind teen and adolescent behavior can further be explained through a sociologist eyes. People who oppose the biological and psychological reasoning behind deviant behavior tend to believe that the exhibited deviant behavior is simply because of deviance- a learned behavior. According to (Regoli, R. M., Hewitt, J. D., & Delisi, M. (2010). Delinquency in society (8 th ed.), Boston: Jones and Bartlett. 169 Gotz, M. J., et al. ‘Criminality and Antisocial Behavior in Unselected Men with Sex Chromosome Abnormalities.’ Psychological Medicine 29 (July 1999) “ Children learn deviant behavior in small groups, primary social groups such as family and peers, via verbal and nonverbal communication. In order for the deviant behavior to stick to the individual, they must be repeatedly exposed to delinquent behavior at a young age. This idea is known as the differential association theory. It further explains that we are a product of our environment, and if we are not corrected in the early stages, delinquency becomes a routine. Though the differential theory can be applied to young all individuals as a means of reasoning to prove if one is guilty or not.
Upon judgement of a delinquent, the situation also is in need for further assessment. Social psychologist examine how people affect one another and looks at the power of the situation. To examine the situation they view things at the intrapersonal level- individuals emotions and attitudes, as well as the interpersonal level- pertains to dyads, prejudice, aggression etc. With that being said, behavior is a product of the situation i.e. social roles and personal characteristics. This is where situationism vs dispositionism comes into play. Situationism is the belief that our actions are determined by our environment, whereas dispositionism holds that behavior is caused by personal factors i.e. personality traits and temperament.
Situationism is most applicable to criminal cases in the US, and the reason being is because of the fundamental attribution error. We are an individualistic culture that strives for autonomy and achievement, enabling us to think that we are accountable for our behavior and that is based internal factors. One can argue that a delinquent was responsible for a mass shooting because they are an immature imbecile, not because of the situation.
Well, what is the situation? The situation can be a variety of things, a crime infested one according to the differential theory, depression or in relation to Andy Williams an unstable household, and bullying. Here we see another faulty reasoning behind the differential theory, in addition to being generalized it neglects other conflicting factors. Williams came from a rural area prior to his move to San Diego. He was picked on by the more street wise kids who tormented him with hostile words and burning objects to his neck.
Unfortunately, he also did not have parental support considering his parents divorced when he was five years old. His friends said he often called their moms his mother and he squirmed at the sound of his father’s voice. According to Mary Ainsworth Williams, a developmental psychologist, attachment is based on emotional behavior to a parent. In a healthy relationship a child would have a secure base that gives the child a sense of safety. Williams demonstrated one of the four types of attachment called disorganized attachment. Disorganized attachment entails erratic behavior from abused children.
Thanks to those who work to abolish life without parole for juveniles, the Supreme Court has acknowledged the inhumanity of the justice system. Sadly, the entire United States refuses to comply with this movement. The United States is the only country in the world that gives life without parole to juveniles. In respect to the U.S. supreme court’s decision in 2012 Miller v Alabama-denied option for life without parole, conservative states such as West Virginia, Utah, and Arkansas- plus twelve other states did comply. Since not everyone in the U.S agrees on the policy changes, measures need to be taken to ensure proper rehabilitation to ensure the sanity and future of these young offenders.
States and judges need to consider life after prison. Programs are vital to the proper rehabilitation process of youth offenders, especially the education ones. Some youth inmates are not guaranteed these benefits and are subject to the harsh realities of adult prison. Juveniles are then subjected to victimization, with or without counsel to fend for them.
To find the issue of youths is adult prison, a comprehensive national survey of the adult prison system was taken. The purpose of this broad study was to collect information regarding the characteristics of youths to compare them with adults. The facility-level survey entailed a full assessment of race, age, duration of the sentence, disciplinary actions, programs, health and much more. Both of these surveys mainly focused population ages seventeen and under to prove their stay in adult prison was exceptional.
Keep in mind that there is a repeating pattern of placing youth offenders in state adult correctional systems. Research from (Austin, James, et al. Juveniles in adult prisons and jails: a national assessment. BJA Bureau of Justice Assistance, 2000), calculated that “ out if the 54 jurisdictions, 87 percent house incarcerated juvenile offenders.” Out of that 87 percent, 75 percent of the youth offenders were given life without parole. Being that the U.S. is known for high incarceration rates, juveniles should be put in separate facilities because of crowded prisons. Just imagine out of the “826,289 beds, only 46 out of the 87 youth inmates maintained designated housing” (Austin, James, et al. Juveniles in adult prisons and jails: a national assessment. BJA Bureau of Justice Assistance, 2000).
To further expand this issue, the findings of the facility survey inform researchers that there really is not a differentiation between adult and juvenile housing units. The problem with that is the majority of the prisons are comprised of medium-or maximum security institutions. It is unclear how youth offenders are to rehabilitate if they are in a poisoned environment full of adult criminals. Not every institution even offer programs to provide support for youth offenders.
The mixture prison population comprised of youth and adults increases the the likelihood of increased risk of sexual abuse, injury and death. Numerous cases have been filed on sexual abuse against youth offenders, but not all of them are even promised legal counsel or therapy. The adult institutions are simply not designed for youths which then takes away not only their freedom and , but their educational and psychological benefits as well that are offered in the juvenile system. Steinberg, author of Age of Opportunity: Lessons from the New Science of Adolescence, argues the vitality of rehabilitation stating “ We should be working to rehabilitate these youth while they are still young, as opposed to throwing them away”. Unlike their imprisoned juvenile counterparts who receive vocational training and education in hopes of a better future outside of incarceration, the system has set them up for failure and reviving up the engine for recidivism.
A separate legal system for children in the U.S is set in place because of the desire for rehabilitation and treatment. The act of juveniles charged and placed with adults is contradicting to that desire. As individuals, we are all products of our environments good or bad. Therefore,we as a society can not expect the youth to change if they are placed from one bad environment to another.
Out of all the juvenile offenders, children of color, in particular African American juvenile offenders and those who have been mistreated and traumatized face a much more harsh reality. An African American youth is twice as likely to receive life without parole compared to his or counterparts. Clearly, a large amount of racial bias floods the justice system. The recurring mishandling of these cases dates back to 90’s where the idea “superpredators” thrived. By 1999, policies were enacted that erased differences between adult and child.
Vincent M. Southerland and Jody kent, upon studying super predators discovered that .“Children—deemed “superpredators” —were allegedly devoid of empathy and needed to be locked up forever (Sutherland, Vincent m. Why Are We Sentencing Children Life Prison Without Parole). Judy stovall, 2016). Eventually, the “superpredators” perspective on children was dismissed, but the idea still lurks in cases of African American juveniles.
We can see the influence of the superpredator idea in the case of Marshan Allen. Allen was convicted of murder as a teenager due to his role in the tragic loss of another life.The judge was forced to impose two mandatory life without parole sentences. As stated earlier African Americans chance of life without parole is twice as likely. In attempt to be a free man he spent hours in the library studying law.It was not until 25 years later that Allen was a free man. His life after prison tossed the superpredator stereotypes such as hyper- criminality and dangerousness out the window. Now, Allen is a barista at starbucks and is one of the prime example amongst the African American incarcerated community proving that rehabilitation is possible through hard work.
All in all the entire U.S needs to become aware of all his faults in the justice system. Racial bias should not be an influence on making a life changing sentence. In terms of influential racial bias both race and socioeconomic status play pivotal part in sentencing of underprivileged youth offenders. All youth offenders can have a bright future ahead of them, if proper measures are taken. Proof of this can be seen in the case of Allen who took all education opportunities and through self discipline had a positive life after prison.The unnecessary harshness of punishments imposed disproportionately on children of color is not just . Race and socioeconomic status should not play a huge role in determining how much compassion the justice system will show a young person.
In the best interest of the youth offender’s well being, it is imperative that the U.S. juvenile system assess influential factors that would drive one to do criminal acts. We are not born evil, but a product of our environment. Our biological factors if triggered or left untreated can bring out the worst in us. Life without parole for youth defenders on the basis of race, socioeconomic status and ignorance is unacceptable. Rehabilitation is possible and everyone should have the the chance to take part in the reforming process,It is inhumane and vicious to set the system up to automatically go against youth offenders. The Youth need to be evaluated, educated and reformed. There is a life outside of prison. The entire U.S. system needs to comply with the Supreme Court’s desire to change policy. If they do not comply, I fear the chances of children left behind and recidivism rates to increase amongst the youth population.
