Monday, March 14, 2011

Should a 12 Year Old Be Tried As An Adult?

12-year-old Colo. boy in custody, parents shot dead, siblings wounded
So this story really struck a nerve with me, given the brutality of the crime and the age of the accused.  So here's the low-down on the story if you haven't heard about it.

A twelve year old living in Burlington, Colorado on March 1, 2011 shot and killed his 50 year old father and 51 year old mother, and stabbed his 5 year old sister and stabbed and shot his 9 year old brother.  He then called 911 himself and said that three people in the home had been shot. He is the only suspect in the case.

The boy comes from a deeply religious upbringing and the all seven children were home schooled.  Fellow church members said the family had not talked about any recent changes that might have upset the boy.  This came as a total shock the community because there were no signs of trouble by outward appearances and the family seemed happy and active in the community.

So my question is- should a twelve year old be tried as an adult?  Does implementing a harsher sentence on a child lower the number of crimes committed by youth, or does it just institutionalize the child and make any sort of rehabilitation obsolete?

I found an article that shows some stats and studies regarding this very issue and seems to take the stance that harsher sentences do not produce the intended results. Here's the article...

Juvenile Justice: Does Treating Kids Like Adults Make A Difference?

On the other side of the debate, many people believe that children SHOULD be tried as adults for heinous crimes, such as murder, rape and attempted murder. Believing if the child was old enough to commit the crime they are old enough to be punished for it. Here's an article that supports trying children as adults.

Juvenile Criminals Must Be Tried As Adults

So here are some of the differences in regards to juvenile courts vs. the adult court system. Juvenile cases are held in private, whereas adult cases are public. In adult cases the focus is on the crime and the punishment, in juvenile cases the focus is more on the child's needs, in regards to rehabilitation, supervision, and treatment.  Juvenile courts do not have the authority to order punishment, adult courts sentence people based on their offense and usually serve prison terms. Generally juvenile courts are more lenient than those for adults.

However, there are certain benefits to being tried as an adult that the juvenile court system does not provide. Most juvenile court cases do not have a jury like the adult system. Jurors might be more sympathetic to a minor.  The jail and court system is more crowded and clogged and the process could be hurried along faster, granting a lighter sentence.

The harsh realities of the adult court system can out weight the benefits though.  The minor will most likely serve a prison term in an adult prison, and can be sentenced to life. Records are harder to seal once the prison term is complete, and the child would not receive the same rehabilitation efforts that juvenile courts can provide. The child could become institutionalized from an early age and be more likely to re-offend once  released from prison.

I personally find it hard to believe that a child of twelve-years-old understands to the capacity that an adult does, the consequences and finality of their actions. How many times as a child did you do something that was mean and horrible, only because at that very moment you were angry?  I realize we did not take it to the same level or degree that this boy who recently made the news did, but looking back, were you mature enough to understand your own behavior and the motives that fueled your bad behavior? I simply think it's wrong for us to treat children under the same laws as adults.  There are no parallels that justify trying a 12 year old boy, and sentencing him like an adult. Because of his growth and development, he is NOT an adult, far from it. The part of the brain called the prefrontal cortex that is responsible for emotion-control and decision making is not even fully developed until the age of 25. Imagine how immature this part of the brain is, in a twelve year old! What were the circumstances leading up to the murders? Was this child being physically or sexually abused?  I think it is wrong across the board for a child twelve years of age to be tried and sentenced like an adult. 

Here is a link about teen brain development vs. adult brain development.

Inside The Teenage Brain

I would like to read your opinions on this matter, so feel free to chime in. Everyone has different view points and I want to hear yours! All I ask is that people who participate in the discussion maintain a sense of dignity and respect.

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