Through a fitness hearing, judges decide whether a juvenile is “fit” in order to be tried within the juvenile justice system, according to the alleged crime the juvenile committed. Even though some offenses committed by juveniles would be more proportionate to give the juvenile an adult sentence, other factors weigh in to make the decision to do so or not.
First, it would be wise to try a juvenile in juvenile court if the judge and other courtroom workers feel that the child can be rehabilitated after receiving time in a facility, and participate in rehabilitative programs.
Secondly, the child’s age can counter in questioning factors such as the maturity, experience, decision making, and critical thinking processes some juveniles are slow to process ideals of delinquent behavior and what consequences will come from their actions. In adult court, juveniles are not going to be tried among their peers, so right there alone shows some unjust, but minors do not hold the same mental capacity as adults do so it wouldn’t be fair anyways.
There was a case of a seventeen year old boy by the name of Marquese who officials labeled as a career criminal. Holding a few juvenile felonies under his title, all having to do with theft, Marquese has been through numerous rehabilitation programs and show no signs of improvement in his criminal behavior. Officials hypothesize that Marquese re-offends because he does not have adequate support and supervision after being released from the juvenile facilities since his mother is unable to support him with her drug abusing problem. Marquese is given one more chance to prove himself before he re-offends and definitely goes straight to adult courts for adult penalties.
http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/four/marquese.html
I think juvenile offenders should be forewarned that their case maybe tried in an adult court, if harsher punishment is necessary. If an offender has been given numerous chances to prove him or her self and been offered different rehabilitation programs and still no positive change has come from it, the juvenile should then receive harsher punishments in order for there to be hope on the offender’s recidivism rate as an adult.
No comments:
Post a Comment