Introduction
The Department of Correction says that its jails and prisons are full. As a result, the need to build larger facilities to house criminals is now more pressing than ever. Unfortunately, the number of minors who are joining the career criminals with long sentences in these prisons is at an all-time high (Bernstein, 2017). Some of the crimes committed by minors are so heinous and terrible that they are usually tried in the adult court systems. The consequences of juveniles being tried in an adult court system include life sentences and decades of jail time, which are not common in the juvenile justice system. This paper reviews three state- or federal-level court cases involving the transfer of juveniles to the adult court system.
The Case of Michael Bent, Denver Jarvis, and Jesus Mendez
The three teenagers of between 15 and 16 years of age were charged and tried as adults for the attempted murder of Michael Brewer, one of their classmates. The victim had agreed to buy a video game from the three perpetrators worth $40. When Brewer backed out of the deal, the three boys decided to 'punish' him for wasting their time. They doused him with alcohol and set him on fire. Brewer sustained burns on over 60 percent of his body, but he survived after staying in the hospital for three months. Even though Brewer survived the incident, the juvenile court considered the facts surrounding this case to be so outrageous that the case was transferred to the adult court system. The three boys were tried and sentenced as adults. They were sentenced to 8-10 years of prison time and 20 years on probation. The court ruling was meant to help the boys understand the seriousness of their actions as well as ensure they do not repeat such actions in the future.
The Case of Seth Dorris
The 15-year-old teenager was charged and tried as an adult for the murder of Jonathan Bird who was 28 years old. Dorris was speeding in a residential area where Bird lived. When Bird say them, he yelled for them to slow down. Dorris slowed down the car and argued with Bird threatening to come back with an AK-47. The threat was not taken seriously until Dorris returned arguing more with Bird. Dorris punched Bird when he was unaware of causing him to fall. The other teens with Dorris proceeded to beat. Bird died from blunt force trauma and snapping of the spinal cord. Because Dorris took being reprimanded to such an extreme, the case was transferred to the adult court system. The teenagers riding with Dorris in the car said that he was "looking for a fight" and he got one. Unfortunately, a man lost his life in the process. Dorris was sentenced to 20 years in prison.
The Slender Man Stabbing
In 2014, two 12-year old girls, Anissa E. Weier, and Morgan E. Geyser lured their friend, Payton Leutner into the words where they attempted to murder her to impress an internet fictional character known as Slender Man. The victim was stabbed 19 times to please the character they believed was real. The two girls were tried as adults in Wisconsin for the attempted murder of their classmate. Stabbing the girl and leaving her for the dead in the woods was ground enough for the girls to be charged and tried in an adult court system. The court found Geyser and Weier not guilty by reason of insanity. In early 2018, the court sentenced the two girls to long periods in mental institutions.
Impact of Courts on Criminal Justice Public Policy
Traditionally, the criminal justice officials' decision-making process regarding processing individuals under the justice system was primarily through the four sanctioning stages namely arrest, charging, sentencing, and parole release. However, with the emerging processes, criminal justice decision making and its impact on the public policy must be viewed under a broader context. Policies on the criminal justice system are usually because of many decisions which are often made by players outside the system. Though these policies are not meant for any individuals, they define the parameters for making the decisions affecting individuals. One of the most recognizable policy change over the last two decades is the increase in the use of incarceration. (Austin, Johnson, & Gregoriou, 2009). While this change has resulted from numerous decisions by different policymakers, the courts and their decisions led to the view that incarceration is among the best approach to curbing criminal activities.
Impacts from the Selected Court Cases
In the first two cases mentioned, the defendants were sentenced to serve between 8 and 20 years in prison. The case of Seth Dorris was heard from February 2009 while the three boys were sentenced on November 2009. During that year, there were several juveniles tried and charged in the adult court system. As a result, the debate around the policies followed in the trial and sentencing of a minor in an adult system was reignited. One of the most important outcomes of the created debate was the elimination of life imprisonment without parole for juveniles.
The court case against two teenage girls reveals a lot about the juvenile justice system in Wisconsin. Being one of the worst affected states when it comes to juvenile homicides, Wisconsin law has required prosecutors to file adult charges if the perpetrator is ten years or older. However, this case was particularly important to the state and its juvenile justice system. While it is crucial, to ensure that juveniles do not offend in future, it is important to determine the situation, mental and physical health, and the intent of crime (Lee, Fang, & Luo, 2013). When the girls were sentenced to long periods in mental health, the court indicated its lenience on dealing with minors involved in criminal activities.
Challenges in Housing Juveniles in Correctional Facilities
One of the challenge that juveniles imprisoned in adult correctional facilities is a higher risk of sexual abuse and violence at the hands of other inmates and prison staff. According to a National Prison Rape Elimination report in 2010, the younger incarcerated people, especially below the age of 17 years face the highest risk of sexual abuse compared to any other group (Lambie, & Randell, 2013). Their lack of physical strength makes it easy for other inmates to prey on them because they cannot defend themselves.
Suicide is another challenge faced by adult prisons. In a study meant to identify the impact of adult prisons on juvenile offenders Epstein et al. (2015), found that suicide rates of juveniles in adult prisons to be 7.8 percent higher than for the children in juvenile detention centers. Notably, suicide may come as a result of sexual abuse, assaults, and victimization. Another study by Bernstein (2017) revealed that while people aged between 10 to 18 years make up only 12 percent of the prison population, they covered around 23 percent of overall suicides.
Health is also a challenge for prisons and jails with juvenile criminals. At their age, teenagers may find it hard to cope with the physical and nutritional problems which may affect their health. Additionally, because of being tortured, sexually abused, isolated, and victimized, they are at a higher risk of developing mental health problems. Providing the necessary medical personnel and equipment for the purpose of use in prisons is usually hard for the prisons because they are usually running on a tight budget.
Criteria for Transferring the Cases to Adult Court System
One of the considerations made by the prosecutors in transferring is the criminal background of the perpetrator. In this sense, if a teenager comes from a background of known and convicted felons, he/she poses a greater risk of being involved in other crimes in the future. Charging such a teenager in an adult court of law will result in tougher sentencing to discourage indulging in criminal activities (Howell, & Hutto, 2012). The nature of crime is also an essential factor to consider. For instance, in one of the case study presented, two 12-year-old girls stabbed their friend 19 times. This crime involved meticulous planning which involved luring the victim into the woods and leaving her for the dead. This crime is outrageous, heinous, and the perpetrators were not regretful of their actions.
References
Austin, J., Johnson, K. D., & Gregoriou, M. (2009). Juveniles in adult prisons and jails. A national assessment. Retrieved from https://files.eric.ed.gov/fulltext/ED450323.pdf
Bernstein, N. (2017). Burning down the house: The end of juvenile prison. New Press, The.
Epstein, L., Segal, J. A., Spaeth, H. J., & Walker, T. G. (2015). The Supreme Court compendium: Data, decisions, and developments. Cq Press.
Howell, R. J., & Hutto, T. S. (2012). Sentencing convicted juvenile felony offenders in the adult court: The direct effects of race. Behavioral sciences & the law, 30(6), 782-799. https://doi.org/10.1002/bsl.2012
Lambie, I., & Randell, I. (2013). The impact of incarceration on juvenile offenders. Clinical Psychology Review, 33(3), 448-459. Retrieved from http://www.academia.edu/download/50072460/j.cpr.2013.01.00720161103-15835-1nmkgq1.pdf
Lee, R. D., Fang, X., & Luo, F. (2013). The impact of parental incarceration on the physical and mental health of young adults. Pediatrics, 131(4), e1188. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3608482/
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