Alabama held that mandatory life sentences without the possibility of parole are unconstitutional for juveniles. Roper v. Simmons states that those who have committed a murder before they turn 18 cannot be sentenced to death, and Graham v. Florida prohibits life imprisonment for juveniles convicted for non-homicide offenses. We sometimes see loopholes in the justice system, where they make the judgement call to try juveniles as adults. Excluding extreme crimes such as the Slenderman stabbing , I believe that most offenders under the age of 18 should not be detained in an outwardly prison-like correctional facility.
Incarceration in such a harsh environment is immensely psychologically damaging even for adults; therefore, it is completely unethical to detain children in this manner. Youth are a vulnerable population, and are the most vulnerable along with those who are mentally ill to a false confession.
Therefore, it is essential that the young are not harshly prosecuted. During the critical period of adolescent development, it is necessary that they receive close guidance and supervision. Developing young boys are very susceptible to negative influences, especially negative peer influence, as they are trying to make and impress friends. There is an abundance of youth gangs in prisons, and this is not the only downside to youth prisons. In Maine, many prisoner rights advocates and criminal justice reform groups are fighting to shut down the youth prison Long Creek Youth Development Center.
The majority of the inmates there are teenagers with severe mental illnesses. A population such as this will be much better served by community-based mental health treatment, rather than detainment behind bars. The Missouri-model is an inspirational and reputable alternative to youth prisons. It is composed of a network of closely clustered homes that will focus more on the education and rehabilitation of the young offenders, rather than punishment. Group homes are the most effective solution, as home brings forth images of family and stability.
High security and metal bars only further label the child as a criminal. A group home has the potential to resemble a normal life.
Living together in a relaxed setting with peers of a similar age, as well as older adult role models, is the ideal healthy scenario. The facility offers a secure environment with minimum restrictions while juvenile residents await commitments to permanent placement facilities. Each child is assessed at this facility for suicidal ideations and mental health issues, and a specialized program is developed for every resident.
A year-round, on-ground school is operated there by the West Virginia Board of Education. The facility stresses positive reinforcement to promote good behavior and to decrease negative actions. The next step in the process is a preliminary hearing, at which a juvenile may request an improvement period. If the court is convinced that an improvement period would be appropriate, a noncustodial improvement period with terms and conditions designed to rehabilitate the juvenile may be granted.
And if the improvement period is successfully completed, the court will dismiss the case. However, if the case is not resolved at the preliminary hearing, the juvenile delinquency case will move on to an adjudicatory hearing, which is the trial phase in a juvenile case.
The juvenile would be represented by a lawyer in all stages of the proceedings, and he or she would have an opportunity to be heard, the ability to testify and the right to present witnesses. The chief difference between the juvenile court trial and the adult criminal trial is that the juvenile trial would be a closed proceeding — it would not be open to the public or reported by the media, Kirkpatrick said.
Furthermore, West Virginia law provides that the records of juveniles charged with an offense should not follow the juvenile for the rest of his or her life. Not only is there the element of secrecy about the identity of a charged juvenile, these records are sealed by the court to protect the rights of the juvenile when he or she reaches adulthood.
An alternative to a trial in juvenile court is resolution by entering a guilty plea. Most of the juvenile delinquency petitions that reach the trial stage are handled this way, Kirkpatrick said. To enter a guilty plea, the juvenile will appear with his or her lawyer and family members, and make an admission of conduct that is violative of the law. The court must conduct a lengthy hearing, explaining to the juvenile his or her rights guaranteed by the Constitution, as well as those provided by juvenile law.
If the court determines that the juvenile fully understands his or her rights, and that there is a basis in fact for the admission to committing the crime, the court will accept the plea and adjudge the juvenile to be a delinquent child as provided for in West Virginia law. When that happens, I have a pretty good idea how that kid got to juvenile court in the first place. The last phase of the juvenile court case is the dispositional hearing, which would be akin to a sentencing hearing for adult criminal defendants, but again, it is not open to the public or media.
In my mind, that was the worst thing that could possibly happen to any kid. Pruntytown Correctional Center was originally established as the West Virginia Industrial Home for Boys, but now is used as an adult correctional facility. At the dispositional hearing, the judge will typically sentence the convicted juvenile delinquent to a secure juvenile center for a term of years. For example, the Donald R.
Today there are nearly , children serving sentences in adult prisons. And each year nearly , children are transferred to adult courts, where they face sentences of lengthy incarceration. Since the Graham v. Florida decision, some 80 child juvenile offenders have been resentenced. Typically, those who have been released are in their early 40s and have already served significant parts of their sentences.
But younger inmates have often been resentenced to multi-decade prison terms, or virtual life sentences, the longest being years. In some states, these virtual life sentences have been overturned by higher courts. Across the country, courts and legislatures are grappling with how to interpret recent US Supreme Court decisions, including Miller v. Alabama , which banned mandatory life sentences without parole for juveniles in What happens over the next few years will determine whether we continue down a road of retribution or return to the ideal of rehabilitation on which the juvenile justice system was founded.
Kenneth is living proof that a child should never be punished as an adult, and that juvenile offenders can be rehabilitated. The film has been nominated for a Media for a Just Society Award.
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