Crime and Punishment: Prosecution of Juveniles as Adults Throughout Time Crime and Punishment: Prosecution of Juveniles as Adults Throughout Time.

Crime and Punishment: Prosecution of Crime and Punishment: Prosecution of Juveniles as AdultsJuveniles as Adults Throughout Time Throughout Time

HistoryHistory Juveniles have been punished Juveniles have been punished

as adults for centuries.as adults for centuries.

Prior to the 17Prior to the 17thth Century, Century, children were seen as being children were seen as being different from adults only in different from adults only in their size.their size.

It was not until the 17It was not until the 17thth century that European church century that European church and community leaders and community leaders successfully advanced the successfully advanced the notion that children were notion that children were weak and innocent, and in weak and innocent, and in need of guidance , protection, need of guidance , protection, and socialization of adults. and socialization of adults.

By the 18By the 18thth century, English common law century, English common law characterized those under the age of seven being characterized those under the age of seven being incapable of forming criminal intent.incapable of forming criminal intent.

For the act to be considered criminal, there must For the act to be considered criminal, there must be be actus reus (actus reus (the criminal act itself).the criminal act itself).

Mens reaMens rea (the intent to commit the criminal act). (the intent to commit the criminal act).

Corpus delectiCorpus delecti (the interaction between the act (the interaction between the act and the intent to commit it).and the intent to commit it).

Between the ages of seven and fourteen, children Between the ages of seven and fourteen, children were presumed to be without criminal intent were presumed to be without criminal intent unless it could be proven that they knew the unless it could be proven that they knew the difference between right and wrong.difference between right and wrong.

At age fourteen, they legally were considered At age fourteen, they legally were considered adults, capable of forming criminal intent and adults, capable of forming criminal intent and therefore justly sentenced to serve time in jail therefore justly sentenced to serve time in jail and prison alongside other adults. and prison alongside other adults.

By the early 1800’s there was the belief that By the early 1800’s there was the belief that juvenile and adult offenders should be incarcerated juvenile and adult offenders should be incarcerated separately.separately.

Special correctional institutions for youthful Special correctional institutions for youthful offenders were established in the U.S.offenders were established in the U.S.

It was not until 1899, that the first juvenile court It was not until 1899, that the first juvenile court was established.was established.

Instead of deciding guilt or innocence, the court Instead of deciding guilt or innocence, the court would determine whether youths were in need of would determine whether youths were in need of treatment.treatment.

The court would seek long-term behavioral The court would seek long-term behavioral change by providing the guidance youths lacked.change by providing the guidance youths lacked.

Sentences were to be customized to meet the Sentences were to be customized to meet the needs of each juvenile to optimize the needs of each juvenile to optimize the rehabilitative effects of court intervention.rehabilitative effects of court intervention.

Violent juvenile crime has increased by nearly Violent juvenile crime has increased by nearly 70% since 1986.70% since 1986.

For and AgainstFor and Against

Some people believe prosecuting teens as Some people believe prosecuting teens as adults is justified because they’re adults is justified because they’re committing more extreme crimes at a committing more extreme crimes at a younger age.younger age.

People believe teens shouldn’t be “let off People believe teens shouldn’t be “let off the leash” just because they are younger.the leash” just because they are younger.

Others believe teens are being Others believe teens are being punished too harshly for committing punished too harshly for committing nonviolent crimes.nonviolent crimes.

Juvenile advocates say the child’s Juvenile advocates say the child’s mental and emotional problems mental and emotional problems would get addressed in the juvenile would get addressed in the juvenile system, but not in the adult system.system, but not in the adult system.

Blended CompromiseBlended Compromise

Juveniles are sentenced as adults, Juveniles are sentenced as adults, but then the sentence is suspended but then the sentence is suspended and they’re put in a juvenile center.and they’re put in a juvenile center.

If they re-offend, they go to the adult If they re-offend, they go to the adult system.system.

Case One Case One

16-year-old Adam Bollenbach, stole a 16-year-old Adam Bollenbach, stole a six-pack of beer from an open garage.six-pack of beer from an open garage.

Months earlier he was charged as an Months earlier he was charged as an adult for stealing a bag of potato chips adult for stealing a bag of potato chips from his school lunchroom. The from his school lunchroom. The charges were dropped, but once a charges were dropped, but once a teen is charged as an adult, he can’t teen is charged as an adult, he can’t be charged as a juvenile.be charged as a juvenile.

Therefore, Adam was charged as an Therefore, Adam was charged as an adult for stealing a six-pack.adult for stealing a six-pack.

Judge HowardJudge Howard

Ignored state recommendations of Ignored state recommendations of less than 4 years and sentenced less than 4 years and sentenced Adam to 10 years in prison.Adam to 10 years in prison.

He wanted to use Adam as an He wanted to use Adam as an example for other misbehaving example for other misbehaving teens.teens.

““You’re well on your way to a lifetime You’re well on your way to a lifetime in prison and I don’t want to see that in prison and I don’t want to see that happen. This sentence is going to happen. This sentence is going to break your spirit right now.”break your spirit right now.”

Case TwoCase Two

17-year-old Scott Dyleski broke into 17-year-old Scott Dyleski broke into Pamela Vitale’s house ( a wife and mother Pamela Vitale’s house ( a wife and mother of two) one Saturday morning and stabbed of two) one Saturday morning and stabbed her 26 times in the head and stomach.her 26 times in the head and stomach.

Autopsies showed broken fingers, Autopsies showed broken fingers, dislodged teeth, and bruises all over her dislodged teeth, and bruises all over her body.body.

Adam had also carved his signature Adam had also carved his signature artwork into her back.artwork into her back.

He showed no He showed no emotion during the emotion during the trial except when trial except when they showed pictures they showed pictures of Pamela’s autopsy.of Pamela’s autopsy.

“ “ I saw you lean I saw you lean forward and your forward and your mouth fell open,” the mouth fell open,” the judge said,” You were judge said,” You were absolutely fascinated absolutely fascinated with your handiwork.”with your handiwork.”

Scott was sentenced to life in prison. Scott was sentenced to life in prison. The judge stated, “You do not The judge stated, “You do not

deserve to live among decent deserve to live among decent people, your sentence is going to be people, your sentence is going to be for life.”for life.”

A Timeline of School ShootingsA Timeline of School Shootings

Feb. 2, 1996, Moses Lake, Washington: 2 students and one teacher killed, one Feb. 2, 1996, Moses Lake, Washington: 2 students and one teacher killed, one other wounded when 14 year old Barry Loukaitis opened fire on his algebra other wounded when 14 year old Barry Loukaitis opened fire on his algebra class.class.

Dec. 1, 1997, West Paducah, Kentucky: Three students killed, five wounded by Dec. 1, 1997, West Paducah, Kentucky: Three students killed, five wounded by Michael Carneal, 14, as they participated in a prayer circle at Heath High School.Michael Carneal, 14, as they participated in a prayer circle at Heath High School.

March 24, 1998, Jonesboro, Arkansas: 4 students and 1 teacher killed, 10 others March 24, 1998, Jonesboro, Arkansas: 4 students and 1 teacher killed, 10 others wounded outside as Westside Middle School emptied during a false fire alarm. wounded outside as Westside Middle School emptied during a false fire alarm. Mitchell Johnson, 13, and Andrew Golden, 11, shot at their classmates and Mitchell Johnson, 13, and Andrew Golden, 11, shot at their classmates and teachers from the woodsteachers from the woods

April 28, 1999, Taber, Alberta, Canada: 1 student killed, 1 wounded at W.R. April 28, 1999, Taber, Alberta, Canada: 1 student killed, 1 wounded at W.R. Meyers High School in first fatal high school shooting in Canada in 20 years. The Meyers High School in first fatal high school shooting in Canada in 20 years. The suspect, a 14 year old boy, had dropped out of high school after he was severely suspect, a 14 year old boy, had dropped out of high school after he was severely ostracized by his classmates.ostracized by his classmates.

March 2000, Branneburg, Germany: 1 teacher killed by a 15 year old student, March 2000, Branneburg, Germany: 1 teacher killed by a 15 year old student, who then shot himself. The shooter has been in a coma ever since.who then shot himself. The shooter has been in a coma ever since.

Sept. 24, 2003, Cold Spring, Minnesota: 2 students were killed at Rocori High Sept. 24, 2003, Cold Spring, Minnesota: 2 students were killed at Rocori High School by John Jason McLaughlin, 15.School by John Jason McLaughlin, 15.

March 21, 2005, Red Lake, Minnesota: Jeff Weis, 16, killed grandfather and March 21, 2005, Red Lake, Minnesota: Jeff Weis, 16, killed grandfather and companion, the arrived at school where he killed a teacher, a security guard, 5 companion, the arrived at school where he killed a teacher, a security guard, 5 students, and finally himself, leaving a total of 10 dead.students, and finally himself, leaving a total of 10 dead.

Nov. 8, 2005, Jacksboro, Tennessee: A 15 year old shot and killed an assistant Nov. 8, 2005, Jacksboro, Tennessee: A 15 year old shot and killed an assistant principal at Campbell County High School and seriously wounded two other principal at Campbell County High School and seriously wounded two other administrators.administrators.

Sept. 29, 2006, Nickel Mines, Pennsylvania: A 15 year old student shot and Sept. 29, 2006, Nickel Mines, Pennsylvania: A 15 year old student shot and killed Weston School principal John Klang.killed Weston School principal John Klang.

Nathaniel AbrahamNathaniel Abraham

Youngest person to be prosecuted in the U.S. on first degree murder Youngest person to be prosecuted in the U.S. on first degree murder chargescharges

12 years old and in 612 years old and in 6thth grade, he was only 11 when he committed the grade, he was only 11 when he committed the crimecrime

Mother was a single working women raising 4 children and they grew u p Mother was a single working women raising 4 children and they grew u p in conditions of povertyin conditions of poverty

He began to show psychological problems at an early age, tests revealed He began to show psychological problems at an early age, tests revealed that he was emotionally damaged and functioning at 3 or 4 years below that he was emotionally damaged and functioning at 3 or 4 years below

his actual agehis actual age

He was expelled from three different schools within 2 years because of He was expelled from three different schools within 2 years because of fights and other behavioral problemsfights and other behavioral problems

In 1997 he became angry and went after his sister and aunt, firing a BB In 1997 he became angry and went after his sister and aunt, firing a BB gun at themgun at them

He blames most of his problems on the conditions he lived in, claiming He blames most of his problems on the conditions he lived in, claiming the way he acted was not his fault.the way he acted was not his fault.

Tyler EdmondsTyler Edmonds 15 year old from West Point, Mississippi who, at age 13, was charged with 15 year old from West Point, Mississippi who, at age 13, was charged with

first degree murderfirst degree murder At the age of 15 he was sentenced to life imprisonment without the At the age of 15 he was sentenced to life imprisonment without the

possibility of parole for at least 50 yearspossibility of parole for at least 50 years Tyler released a statement indicating that his older sister, also charged Tyler released a statement indicating that his older sister, also charged

with the crime, had convinced him that as a minor he would be in less with the crime, had convinced him that as a minor he would be in less danger than she would and Tyler believed her.danger than she would and Tyler believed her.

Tyler was by all accounts a good kid with no criminal record. He was a Tyler was by all accounts a good kid with no criminal record. He was a good student, good citizen, and good friendgood student, good citizen, and good friend

Eric HainstockEric Hainstock At age 15 Eric was taken into custody and charged as an adult for murder. At age 15 Eric was taken into custody and charged as an adult for murder.

If convicted he could get life in prison because the state of Wisconsin does If convicted he could get life in prison because the state of Wisconsin does not have the death penaltynot have the death penalty

Eric pried opened his family’s gun cabinet and brought two guns to schoolEric pried opened his family’s gun cabinet and brought two guns to school Eric struggled with custodians, teachers, students and finally got away and Eric struggled with custodians, teachers, students and finally got away and

found the principalfound the principal Shot principal Klany 3 times once in the head, chest, and leg. The principal Shot principal Klany 3 times once in the head, chest, and leg. The principal

died three hours later at a Wisconsin hospitaldied three hours later at a Wisconsin hospital Eric told friends a couple days earlier that “Klany wouldn’t make it through Eric told friends a couple days earlier that “Klany wouldn’t make it through

homecoming.”homecoming.” Eric had recently been suspended for throwing a stapler at a teacher and Eric had recently been suspended for throwing a stapler at a teacher and

throwing a chair at the principal.throwing a chair at the principal.

The Pro’s and Con’sThe Pro’s and Con’sFacts to KnowFacts to Know

Con’s Con’s

Many feel if not old enough to vote, serve the country, they are not at the proper mind set. Many feel if not old enough to vote, serve the country, they are not at the proper mind set. Not mature enough to handle the consequents of their actionsNot mature enough to handle the consequents of their actions

Juvenile facilities tend to offer a better education more of a chance at a normal lifeJuvenile facilities tend to offer a better education more of a chance at a normal lifeOnce you are put in the mind set of an adult always feel like an adult which can have harsh Once you are put in the mind set of an adult always feel like an adult which can have harsh

consequencesconsequencesMany young children are not competent enough to stand trial they have no clue as to what is Many young children are not competent enough to stand trial they have no clue as to what is

happening around themhappening around themChildren have rightsChildren have rights

They are still children they need to be protectedThey are still children they need to be protectedPro’sPro’s

Once you commit the crime you should do the timeOnce you commit the crime you should do the time

The family member of the victims deserve to see justice for the lose of their loved oneThe family member of the victims deserve to see justice for the lose of their loved oneIts naïve to think that these violent children are going to stop if sent to a juvenile facility for helpIts naïve to think that these violent children are going to stop if sent to a juvenile facility for help

Some need more then just a slap on the wristSome need more then just a slap on the wristFactsFacts

Since 1992 every state but Nebraska has made it easier to try juvenile as adultsSince 1992 every state but Nebraska has made it easier to try juvenile as adultsMany states have legalized harsher sentencesMany states have legalized harsher sentences

In some states its up to the judges discretion as to the juveniles fateIn some states its up to the judges discretion as to the juveniles fateIts estimated that roughly 200,000 juveniles are criminally charged as adults every yearIts estimated that roughly 200,000 juveniles are criminally charged as adults every year

The justice department statistics, 12%of the juveniles charged as adults in 1996 were younger then The justice department statistics, 12%of the juveniles charged as adults in 1996 were younger then 1616

23 states and the District of Columbia set no minimum age which juveniles can be tried as 23 states and the District of Columbia set no minimum age which juveniles can be tried as adults,27 set a minimum age for at least some crimes of 15 and youngeradults,27 set a minimum age for at least some crimes of 15 and younger

The campaign to criminalize youth goes back to Victorian England when poor and The campaign to criminalize youth goes back to Victorian England when poor and mentally-disturbed children were put in workhouses, terrorized and beaten.mentally-disturbed children were put in workhouses, terrorized and beaten.

More than 100 years ago, the social reformers who championed the setting up of a More than 100 years ago, the social reformers who championed the setting up of a separate juvenile justice system recognized that children did not have the same separate juvenile justice system recognized that children did not have the same physical and mental faculties as adults.physical and mental faculties as adults.

As part of their abandonment of any social reformist conceptions, both political As part of their abandonment of any social reformist conceptions, both political parties in America have rejected such conceptions and have moved to dismantle parties in America have rejected such conceptions and have moved to dismantle the juvenile justice system.the juvenile justice system.

Violent Youth Predator Act of 1997Violent Youth Predator Act of 1997

A bill pushed by Congressional Republicans but whose key provisions enjoy A bill pushed by Congressional Republicans but whose key provisions enjoy the support of President Clinton. One version of the bill, which has already the support of President Clinton. One version of the bill, which has already been passed by the House and is being discussed in the Senate, would been passed by the House and is being discussed in the Senate, would mandate adult prosecution of children as young as 13, encourages states mandate adult prosecution of children as young as 13, encourages states to hold parents criminally responsible for their children’s actions, open up to hold parents criminally responsible for their children’s actions, open up juvenile arrest records to the public, and, for the first time, allow children juvenile arrest records to the public, and, for the first time, allow children to be housed with adult prisoners.to be housed with adult prisoners.

It would also allow the execution of those who committed crimes when It would also allow the execution of those who committed crimes when they were as young as 16.they were as young as 16.

Over the last decade, the large number of youth through government Over the last decade, the large number of youth through government electrocution and lethal injections, has doubled.electrocution and lethal injections, has doubled.

Transfer LawsTransfer Laws Set up to enhance community protection by deterring juveniles from Set up to enhance community protection by deterring juveniles from

committing serious crimes and by providing greater certainty of an committing serious crimes and by providing greater certainty of an incarceration period of adequate length through trial and sentencing in the incarceration period of adequate length through trial and sentencing in the criminal courtcriminal court

Most transferred juveniles are 17-year old African American males who Most transferred juveniles are 17-year old African American males who have committed offenses against persons.have committed offenses against persons.

Almost every state has set the minimum age for transfer at 14Almost every state has set the minimum age for transfer at 14

Many states now require transfer for juveniles who commit violent felonies Many states now require transfer for juveniles who commit violent felonies such as murder, rape, or armed robberysuch as murder, rape, or armed robbery

Legislative changes in transfer laws have includedLegislative changes in transfer laws have included Lowering the minimum age for transferLowering the minimum age for transfer Expanding the list of crimes for which transfer is an optionExpanding the list of crimes for which transfer is an option Vesting greater discretion in prosecutorsVesting greater discretion in prosecutors Eliminating some of the factors judges must consider before transferring youthEliminating some of the factors judges must consider before transferring youth

Different rules in different statesDifferent rules in different states 10 states including Michigan, prosecutors now have the authority to move 10 states including Michigan, prosecutors now have the authority to move

a juvenile case into criminal court.a juvenile case into criminal court.

Most states require that the child be at least 14, but in Michigan and Most states require that the child be at least 14, but in Michigan and Nebraska there is no minimum age.Nebraska there is no minimum age.

In 36 states and the District of Columbia, the state legislatures have In 36 states and the District of Columbia, the state legislatures have passed laws to exclude all 17-year olds and in some cases all 16-year olds passed laws to exclude all 17-year olds and in some cases all 16-year olds from the juvenile courts.from the juvenile courts.

Three states, Indiana, Vermont, and South Dakota, allow 10-year-olds to be Three states, Indiana, Vermont, and South Dakota, allow 10-year-olds to be prosecuted as adults.prosecuted as adults.

In other states the legislatures have passed “three strikes and you’re an In other states the legislatures have passed “three strikes and you’re an adult” statutes, automatically sending juveniles with records to the adult adult” statutes, automatically sending juveniles with records to the adult criminal justice system.criminal justice system.

MinnesotaMinnesota Discretionary WaiverDiscretionary Waiver

On motion of the prosecutor in the case of a child of at least 14 On motion of the prosecutor in the case of a child of at least 14 accused of a felony, the juvenile court may, after a hearing, certify accused of a felony, the juvenile court may, after a hearing, certify the proceeding for adult criminal prosecution if it finds:the proceeding for adult criminal prosecution if it finds:

Probable cause to believe that the child committed the offense Probable cause to believe that the child committed the offense allegedalleged

That the prosecutor has shown by clear and convincing evidence That the prosecutor has shown by clear and convincing evidence that the public safety would not be served by retaining the that the public safety would not be served by retaining the proceeding in juvenile court.proceeding in juvenile court.

Presumptive WaiverPresumptive Waiver If a child of at least 16 is accused ofIf a child of at least 16 is accused of

An offense that would result in a presumptive An offense that would result in a presumptive commitment to prison under applicable laws and commitment to prison under applicable laws and sentencing guidelinessentencing guidelines

A felony committed with a firearm, there is a presumption A felony committed with a firearm, there is a presumption that certification for a trial as an adult is appropriatethat certification for a trial as an adult is appropriate

Then the court has to find probable cause to believe that Then the court has to find probable cause to believe that the child the offense alleged, and the child has the the child the offense alleged, and the child has the burden of showing by clear and convincing evidence that burden of showing by clear and convincing evidence that the public safety would be served by retaining the case in the public safety would be served by retaining the case in juvenile court.juvenile court.

Statutory ExclusionStatutory Exclusion The term “delinquent child” does not include a child of at least 16 who is The term “delinquent child” does not include a child of at least 16 who is

accused of first degree murderaccused of first degree murder

OnceOnce anan AdultAdult, , AlwaysAlways

The juvenile court must order certification for trial as an adult in any case The juvenile court must order certification for trial as an adult in any case in which the prosecutor shows that a child accused of a felony wasin which the prosecutor shows that a child accused of a felony was

Previously certifiedPreviously certified

Thereafter convicted, either of the offense for which he was Thereafter convicted, either of the offense for which he was certified or of a lesser included offense that itself constituted a certified or of a lesser included offense that itself constituted a felonyfelony

States with once an adult/always States with once an adult/always and adult provisionsand adult provisions

Arizona, California, Delaware, District Arizona, California, Delaware, District of Columbia, Florida, Hawaii, Idaho, of Columbia, Florida, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Indiana, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, Missouri, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Oregon, Pennsylvania, Rhode Island, South Dakota South Dakota

Juvenile Death Penalties… The Juvenile Death Penalties… The Ultimate ConsequenceUltimate Consequence

Since 1973, 17 men have been Since 1973, 17 men have been executed in the US for crimes executed in the US for crimes committed as juveniles.committed as juveniles.

74 other offenders are on death row 74 other offenders are on death row for crimes committed before they for crimes committed before they turned 18.turned 18.

Of the 38 states that have the death Of the 38 states that have the death penalty, 23 permit the execution of penalty, 23 permit the execution of offenders who committed crimes offenders who committed crimes before turning 18.before turning 18.

About 25,000 children a year About 25,000 children a year have their cases sent to adult have their cases sent to adult courts instead of being tried in courts instead of being tried in juvenile courts.juvenile courts.

Each year there are more than Each year there are more than 750,000 delinquency cases in 750,000 delinquency cases in America.America.

There are at least 2,225 child There are at least 2,225 child offenders serving life without offenders serving life without parole sentences in U.S. prisons parole sentences in U.S. prisons for crimes committed before they for crimes committed before they were 18.were 18.

The majority of those children in The majority of those children in the juvenile and criminal justice the juvenile and criminal justice systems are victims of poverty.systems are victims of poverty.

One study of 12 to 18-yr olds in One study of 12 to 18-yr olds in juvenile prison found that more juvenile prison found that more than 8 out of 10 came from than 8 out of 10 came from households with incomes below households with incomes below $10,000 / year.$10,000 / year.

30% had mental disorders and 30% had mental disorders and 75% of the girls and 50% of the 75% of the girls and 50% of the boys had been sexually assaulted.boys had been sexually assaulted.

Social Workers needed??Social Workers needed??

Due to an increase in juvenile Due to an increase in juvenile delinquency, the profession of social delinquency, the profession of social work is on the rise and they are work is on the rise and they are needed to help educate, prevent and needed to help educate, prevent and guide these troubled youth.guide these troubled youth.

Social Welfare…at risk??Social Welfare…at risk??Some questions to think about.Some questions to think about.

Should juveniles that are too young to vote, or Should juveniles that are too young to vote, or drink, or watch certain movies be able to be drink, or watch certain movies be able to be tried as adults in court and possibly spend tried as adults in court and possibly spend their lives in prison without parole or face their lives in prison without parole or face execution?execution?

Why is America incarcerating and executing Why is America incarcerating and executing its youth, and expanding spending on prison its youth, and expanding spending on prison systems while spending on elementary and systems while spending on elementary and secondary education is declining?secondary education is declining?

Can public safety be protected without Can public safety be protected without subjecting juveniles to these harsh prison subjecting juveniles to these harsh prison sentences?sentences?