Avila 1 Cassandra Avila Instructor: Malcolm Campbell English 1102 24 March 2014 A Robbed Childhood The sounds of cartoons

and kids running around resonated in Pauls mind. Normal days at the park playing football, last month come to mind. He begins to wonder how the nightmare he finds himself in now even began, while reminiscing in the simple, happy memories a 13-yearold kid could have. Those moments with family and friends that are normally forgotten are brought up. They become the last joyful memories of his childhood. Pauls memories and thoughts shatter as the judges gavel pounds on the wooden sound block. The sentence was 25 years. Paul would be a grown man, but at 13, he is already seen as one by the court. Paul was not tried as a juvenile, but as an adult. How is it possible to rob the childhood from someone who is just beginning to grow? How is it fair for a minor, a juvenile to be tried as an adult? In 2011, Colt Lundy and Paul Gingerich awaited their sentence in adult court. It is not new to hear about two murderers to wait for their sentence, but what makes this case captivating is that they were under the age of 16. They were tried for the murder of Lundys stepfather (Crow, Nadia). They received a 30-year and 25-year sentence by the court. While many believed it was unfair for the two boys to be tried as adults, since they were 15 and 12; some believed it was the right thing for the court to try them as adults. At least the 12 year old the adult charge is kind of strong but nowadaysif they can do the crime do the time, said Amanda Hyndman, Wawasee Middle School Parent, the school where Colt and Paul attended school (qtd. in Crow, Nadia).

Avila 2 The court procedures are different in an adult court case than in a juvenile court case. For instance, in a juvenile court case, the judge is able to rule treatment options such as a curfew or a counseling treatment (Michon). In an adult court case, however, the judge does not easily obtain these options and the juvenile may get prison time instead of counseling (Michon). Some juveniles might even have to serve time in an actual adult jail or prison instead of serving time in a juvenile detention center (Michon). In juvenile detention centers, there are programs that serve the purpose of helping out the individuals that are in there. For example, education programs have ben established in order to maintain the juvenile in place with his or her education. In the state of North Carolina, juveniles in a juvenile detention center are in an education program that serves a full day (Education Services). The purpose of these educational programs is to help the juvenile stay focused on their educational paths and make them obtain an education during their time in detention. The juvenile detention centers are mainly to help juveniles have, an opportunity for behavioral change; and to provide quality services and programs fro juveniles based on their individual needs, (Juvenile Detention Centers). That is the mission statement for these detention centers in North Carolina and they state that these detention centers are there to help the troubled juveniles. If they were established to help out the troubled juveniles, why would a juvenile not have the right to this help?
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It is unfair for a 13-year-old boy to go through an adult court case and then transfer into an adult prison at the age of 18 because of their young age. When one thinks of a kid being sentenced to several years behind bars, the thought of that kid s innocence is brought up. Innocence is a difficult word for many to grasp because of the actions the kids did to get behind bars. My thoughts on innocence are probably very different than everyone elses but to me it is

Avila 3 that a persons childhood is a time of development, a time that is important for a person to begin to mature. That time of the developing maturity is what I call innocence, the innocence of still being inexperienced of the world. It is unfair because their that innocence is robbed from the hands of the court. Kids should be sent to a place where they can serve time but also learn from what they did. In the United States, there are states that support the idea of trying juveniles as adults. For example, New York and North Carolina are the two states that consider juveniles, aged 16, as adults regardless of the crime (When Children Become Criminals). The main concern of this type of law is that it may does not allow juveniles to receive the rehabilitation that they need. The reason that rehabilitation is important to juveniles is because they need to learn from their past actions since their brains are not as developed as adults; therefore, they should not be excluded from this type of help. A teenage brain has yet to be fully developed. According to the MacArthur Foundation Research network, the teenage brain is undergoing dramatic changes during adolescence in ways that affect teens ability to reason, to weigh consequences for their decisions (Schwartz, Robert). That being said, how is it still possible for juveniles to be tried as adults, if their brains are not capable of holding them back from irrational actions? Juveniles who are tritired as adults are also not capable of understanding an adult court case. The issue of this debate tends to appears whenif a juvenile is sentenced to life without parole. The Supreme Court has stated its own opinion on this type of sentence back in 2010, stating: A life without parole sentence improperly denies the juvenile offender a chance to demonstrate growth and maturity. As compared to adults, juveniles have a lack of

Avila 4 maturity and an underdeveloped sense of responsibility, they are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure; and their characters are not as well formed. (Singer, Amy). In other words, it is not fair for a juvenile to be sent to prison for life, or for a long period of time, because they are not able it is unfair to redeem themselves and possibly free themselves as well. Their minds are not mature enough to cope with the harsh punishments of an adult sentence. In a study from the MacArthur Foundation Research Network, the 11-13 ages group, half the group demonstrated to score as poorly as adults who had been judged incompetent to stand trial. That being said, it is clear to see that younger teens are not mentally mature to understand a court trial, let alone an adult court trial (Steinberg). A juvenile is considered to be under the age of 18. When a juvenile is tried in a juvenile court, they are given somewhat of a second chance. If a juvenile is sent to a juvenile correctional facility, then they will be given rehabilitation (Kendall, Janelle P.). According to the Office of Juvenile Justice and Delinquency Prevention, 64.3% of the studies conducted on juveniles who received rehabilitation showed that there was a reduction of recidivism (Treatment Programs for Juvenile Delinquents). In other words, the studies concluded that rehabilitation is key to decrease the violent or unlawful actions of these juveniles after they have done their sentence. It is important for a juvenile delinquent to receive this type of help in order to have a better life after his or her time in a juvenile correctional facility. Prison is not the place for that because it is a punishment rather than a place where they can learn to be good again. If juveniles are transferred to an adult prison, they will be surrounded by tougher criminals and are more likely to commit crimes if they are let out of the adult prison (Reaves, Jessica).

Avila 5 In a PBS Frontline interview, former Judge LaDoris Cordell believed that the juvenile system was able to rehabilitate juveniles. According to some cases, she was able to see how rehabilitation could and would be able to help out an individual improve his or her life. Her personal remarks were: I have had these young people come into my court charged with committing some violent acts as serious as murder, but they had not gone into the adult system, because it was a decision I made as a result of a fitness hearing that this person indeed was amenable to treatment. And in some cases--not all, but in some cases--I have been proved right. So I know that this can happen. Lives can be turned around. (What Works?) If a judge has been able to see that rehabilitation works, how are there juveniles spending their lives without the opportunity to redeem themselves? It is unjust to see this happen throughout the country.
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The debate of trying juveniles as adults continues when the dangers of sending them to an adult prison come up. A tougher environment surrounds juveniles who are later transferred to an adult prison in a juvenile correctional facility is big threat to themA tougher environment surrounds juveniles when they are transferred to an adult prison, than when they are in a juvenile correctional facility. For instance, Michael Kemp, a former juvenile sent to an adult prison states, You never know what the adults might do to you. He mentioned how it is a constant struggle to survive in an adult prison as a kid. They pull you in but in reality theyre trying to get a favor out of you, a sexual act, and then you get victimized or raped, Kemp says (Incarcerated Childhood: US Kids Prosecuted as Adults). In addition to Kemps experiences, the Bureau of

Avila 6 Justice ,states that one out of five victims of sexual abuse in prisons are younger than 18 and juveniles in adult prison are more likely to commit suicide (Incarcerated Childhood: US Kids Prosecuted as Adults). Trying juveniles as adults is unfair to do, but what also adds to the injustice of it is the loss of a second chance at life. When juveniles are tried as adults, it is something that will follow them throughout their lives. A bright future, a college admission, or a careerjobs are three of many opportunities in life that might be difficult to achieve (Chester, Lael). The many juveniles who are tried as adults must live with a criminal record. What seems unfair about this is that it takes away a young persons life before it has really begun. If a childhood has already been robbed, then a persons life is also taken away. The years between adolescence and adulthood are crucial for somebody to know what they want out of life. If this is taken away from them, then what good can come out of a person who has been surrounded by harsh environments and lacked any rehabilitation? Despite the many drawbacks of trying juveniles as adults, there are many people that believe that they should be tried as adults. Because adult prison is designed to punish adults for their crimes, juveniles should behave better in order to avoid it. This is the main support for trying juveniles as adults. Supposedly, the harsh laws that allow courts to try juveniles as adults serve as a, deterrent for future delinquency (Bishop, Tricia). Juveniles are under the age of 18, but teenagers who commit serious crimes, like rape and murder, and are around 16 or 17 years old are excluded from the opposition of trying kids as adults. The mind of a 17 year-old is more developed than the mind of a 12-year old. Many supporters of juveniles being tried as adults believe that if they are old enough to commit a heinous crime, then they are old enough to serve

Avila 7 the time for it. If more juveniles were tried as adults, then it would be a lesson for others not to get themselves into trouble. The actions of these juveniles should not go unpunished. Each case is different and depending on the severity of the case, the state will decide how to try and convict these juveniles. In the United States, an adult is considered to be 18 years old. Some juveniles are not old enough to have a job or drive, yet they are old enough to be convicted as an adult. Convicting juveniles as adults is not fair because they are still kids. When you hold a youth accountable in the same manner and fashion in which you hold an adult, its just not right and its not fair, states LaShon Beamon of the Department of Youth Rehabilitation Services (Incarcerated Childhood: US Kids Prosecuted as Adults). A person, who commits a heinous crime such as premeditated murder, rape, murder including torture, etc., should not go unpunished. These people are dangerous and should be punished for their actions. When it comes to a juvenile committing these crimes, it can get difficult when the age and background of the juvenile is considered. While I believe in trying juveniles as juveniles, the heinous crimes should be recognized. I believe that juveniles who commit these types of crimes have troubled minds or troubled backgrounds that would lead to such crimes. I strongly believe that these juveniles are in serious need of rehabilitation because I believe that their minds are not right due to the crimes they may have committed. The way I see it, juveniles need the help they deserve in order to gain a fresh start, an escape from their troubled past and the only way they can possibly achieve this would be through counseling, rehabilitation. How do people expect for a juvenile to become a better person if they spend a third of their lifetime behind bars, surrounded by violent people? It is impossible to think of that being a reality.
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This debate is very controversial, but hopefully many will see how unfair this issue is. In the cases of Colt Lundy and Paul Gingerich, their innocence has been taken away at a very early age. I happen to think that their childhood has been robbed. Some argue they brought it onto themselves, while others will blame the court system of having done it. In any case, juveniles younger than 16 are not mature enough to be tried and convicted as adults because they lack a developed mind. It is unfair to see many of todays youth being ripped from their childhood, youth, and life in general.
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Works Cited Bishop, Tricia. "Report Says Trying Juveniles as Adults Is Counterproductive." Baltimore Sun. The Baltimore Sun, 04 Oct. 2010. Web. 21 Mar. 2014. Chester, Lael. "Kids Caught up in Justice System Should Not Be Tried as Adults." Alaska Dispatch. Alaska Dispatch, 26 Aug. 2013. Web. 8 Mar. 2014. Crow, Nadia. "Juveniles Tried as Adults in Kosciusko Murder." FOX28.com. FOX28, 29 Apr.

Avila 9 2010. Web. 8 Mar. 2014. Education Services. NCDPS.gov. North Carolina Department of Public Safety, n.d. Web. 20. Apr. 2014.
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"Incarcerated Childhood: US Kids Prosecuted as Adults." YouTube. YouTube, 07 Apr. 2012. Web. 8 Mar. 2014. Juvenile Detention Centers NCDPS.gov. North Carolina Department of Public Safety, n.d. Web. 20. Apr. 2014.
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Kendall, Janelle P. "Law & Public Safety." Juvenile Court Process. Stearns County Minnesota, n.d. Web. 20 Mar. 2014. Michon, Kathleen. When Juveniles Are Tried in Adult Court. Nolo.com. Nolo, n.d. Web. 18 Apr. 2014
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Reaves, Jessica. "Should the Law Treat Kids and Adults Differently?" Time. Time Inc., 17 May 2001. Web. 20 Mar. 2014. Schwartz, Robert. "Kids Should Never Be Tried as Adults." CNN. Cable News Network, 18 Feb. 2010. Web. 8 Mar. 2014. Singer, Amy. "Should Children Be Tried As Adults?" Examiner.com. Examiner, 11 June 2012. Web. 20 Mar. 2014. Steinberg, Laurence. "Juveniles in the Justice System: New Evidence from Research on Adolescent Development." Wisconsin Family Impact Seminars (n.d.): 5-6. Web. 20 Apr. 2014.

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"Treatment Programs for Juvenile Delinquents." Treatment Programs for Juvenile Delinquents. Office of Juvenile Justice and Delinquency Prevention, July 1999. Web. 20 Mar. 2014. "What Works?" PBS. PBS, n.d. Web. 20 Apr. 2014.
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"When Children Become Criminals." The New York Times. The New York Times, 19 Jan. 2014. Web. 20 Mar. 2014.