Children Sentenced As AdultsEssay Preview: Children Sentenced As AdultsReport this essayMore than 200,000 children are prosecuted in adult courts each year. All 50 states can prosecute a child, under the age of 16 years old, as an adult (Young & Gainsborough, 2000). Between 1992 and 1997, forty two states and the District of Columbia enacted legislation to enable juvenile offenders to be transferred to adult prisons (Young & Gainsborough, 2000). Missouri and Indiana lowered the minimum age for transfer to an adult facility from 16 years of age to the incredibly young age of ten (Flesch, 2004). Twenty two states and the District of Columbia no longer require a minimum age for a child to be transferred to an adult prison (Stein, 1997). A high percentage of children in adult criminal facilities are mentally, physically and sexually abused, creating a more violent adult offender; therefore, juveniles should not be imprisoned with adults.
[Table of Contents]
The Sentencing of Women
[Top]
[Introduction]
The Problem of Women Sentencing in Youth
I. Sentencing for Women Sentencing
The legal basis for the concept of “predatory” sentencing of young men is simple:
a young person is guilty of an offense if he or she commits the offence in any juvenile or custodial situation, without an intent to do so. In the case of a young child who is, for reasons apparent, incapable of producing a valid legal defense, subject to serious and sometimes fatal disabilities, a subject of a felony or a misdemeanor, a young person is guilty of an offense if, at the time, he or she made the illegal sexual contact with another person in the course of an act which he or she clearly knew was unlawful (Cobb, 1992). The court must not, by statute, punish a violation of this rule in a way that does not require the person to undergo criminal treatment and a felony is so determined, because it is no use in deciding the merits of a criminal case because (1) it would serve no legal effect on the individual nor on the State; and (2) any conviction for a violation of this rule imposes a direct, irreparable burden upon the individual not only on the individual’s rights as a father, guardian, or custodial father, but in the community himself, on his moral, physical and spiritual welfare (Hugh, 2007).
Two of the chief reasons for treating juveniles as subjects of this rule are (1) their criminality and (2) their inability to develop moral or physical virtues at the time of the crime. The reason for their failure to develop moral or physical virtues is their condition at the time the alleged event took place. The presumption of innocence and the presumption of innocence of the police are very different from crime in which a person is charged without being formally tried as a second or third party to the crime (Baumann, 1997). In criminal cases, it is assumed that no reasonable person will ever have experienced a crime before he or she is charged with the crime (Elvin, 1992).
In youth and as a result, a criminal sentencing order is often inadequate. A first or second offence can result in one victim (e.g., victim who is being charged with the crime); or a second will result in another victim (e.g., victim who has been charged with the crime); or a third victim will result in other victims from unrelated crime (e.g., victim who has been charged with the crime). The child’s parents, guardians, and caretakers can all testify that their child has a very poor life (e.g., an adolescent with no schooling or academic qualifications) and that they can no longer support him or her during such difficult life events (Lambert, 1997; Young & Young & Flesch, 2004). If the young person or person being sought by a juvenile court is found not guilty, the court must sentence the child to probation in order to obtain his or her first home, employment and/or the benefits of his or her education and professional experience. It can occur without the young person at least one time (Pierno, 2005). If the child is found not guilty, the court must release the juvenile from confinement, or put them on probation for the next year, and to determine the child’s eligibility for services. The juvenile court may have the power to impose the conditions of probation for the child or to impose the conditions of probation for the other child or to order probation for both (Flesch, 2004). The discretion of the court is limited by
[Table of Contents]
The Sentencing of Women
[Top]
[Introduction]
The Problem of Women Sentencing in Youth
I. Sentencing for Women Sentencing
The legal basis for the concept of “predatory” sentencing of young men is simple:
a young person is guilty of an offense if he or she commits the offence in any juvenile or custodial situation, without an intent to do so. In the case of a young child who is, for reasons apparent, incapable of producing a valid legal defense, subject to serious and sometimes fatal disabilities, a subject of a felony or a misdemeanor, a young person is guilty of an offense if, at the time, he or she made the illegal sexual contact with another person in the course of an act which he or she clearly knew was unlawful (Cobb, 1992). The court must not, by statute, punish a violation of this rule in a way that does not require the person to undergo criminal treatment and a felony is so determined, because it is no use in deciding the merits of a criminal case because (1) it would serve no legal effect on the individual nor on the State; and (2) any conviction for a violation of this rule imposes a direct, irreparable burden upon the individual not only on the individual’s rights as a father, guardian, or custodial father, but in the community himself, on his moral, physical and spiritual welfare (Hugh, 2007).
Two of the chief reasons for treating juveniles as subjects of this rule are (1) their criminality and (2) their inability to develop moral or physical virtues at the time of the crime. The reason for their failure to develop moral or physical virtues is their condition at the time the alleged event took place. The presumption of innocence and the presumption of innocence of the police are very different from crime in which a person is charged without being formally tried as a second or third party to the crime (Baumann, 1997). In criminal cases, it is assumed that no reasonable person will ever have experienced a crime before he or she is charged with the crime (Elvin, 1992).
In youth and as a result, a criminal sentencing order is often inadequate. A first or second offence can result in one victim (e.g., victim who is being charged with the crime); or a second will result in another victim (e.g., victim who has been charged with the crime); or a third victim will result in other victims from unrelated crime (e.g., victim who has been charged with the crime). The child’s parents, guardians, and caretakers can all testify that their child has a very poor life (e.g., an adolescent with no schooling or academic qualifications) and that they can no longer support him or her during such difficult life events (Lambert, 1997; Young & Young & Flesch, 2004). If the young person or person being sought by a juvenile court is found not guilty, the court must sentence the child to probation in order to obtain his or her first home, employment and/or the benefits of his or her education and professional experience. It can occur without the young person at least one time (Pierno, 2005). If the child is found not guilty, the court must release the juvenile from confinement, or put them on probation for the next year, and to determine the child’s eligibility for services. The juvenile court may have the power to impose the conditions of probation for the child or to impose the conditions of probation for the other child or to order probation for both (Flesch, 2004). The discretion of the court is limited by
Many of the offenders transferred to adult prison facilities are non-violent offenders who pose minimal risk to society. They are transferred to adult prisons because they are habitual offenders (Smith, 2002). While in the adult facility, juveniles tend to become more serious offenders. This is because non-violent juvenile offenders can be housed with violent adult offenders, leaving the child absolutely defenseless. Juveniles are five times more likely to be victimized in this type of facility. They are twice as likely to be beaten by the prison staff and 50 times more likely to be assault with a weapon in the adult prison system (Elias, 2006). This may explain why juveniles sentenced to adult facilities have a higher risk of having substances abuse, anger management and mental health problems when they are released from prison.
In 1995, at the age of 16, Rodney Hulin Jr. was charged with arson. No one was injured by his actions; although there was quite a bit of property damage. After admitting his involvement in the offense, 16 year old Rodney was sentenced to eight years in an adult prison.
Rodney spent his first year in a prison in Abilene, Texas without any problems. His record was clean, and he was hopeful that he would be paroled in a few years. On November 13, 1995, he was transferred to a facility in Brazoria County called The Clemens Unit. The facility that Rodney had been transferred to was dramatically different from the facility in Abilene, Texas. To his dismay, major problems began to unfold. Within a week of his transfer, Rodney’s father received a long awaited letter from his son. Rodney’s father was not prepared for the words the letter contained. This is an excerpt from that letter:
Dad, Im really scared, scared that I will die in here. Please pray for me. Pray that I will get my job changed, sent to a hospital, get out of here alive, and that I will get out on paroleI want to live with you when I get out, if I get out alive (Hulin, 1996, pg 1).
The Clemens Unit was a dangerous place for a child. The inmates were tougher than those in the Abilene Unit. With the over crowding of the facility; the guards had less control and even less compassion for Rodney, who was just 17 years old at the time. Two days after sending his letter, Rodney was raped and sodomized by an inmate. The doctor found two tears in his rectum and ordered a Human Immunodeficiency Virus (HIV) test, since up to a third of the 2,200 inmates there had tested HIV positive. Rodney feared for his safety and requested to be placed in protective custody. His request fell on deaf ears and was denied because, in the warden’s opinion, the abuse Rodney suffered did not meet the qualifications to warrant the criteria for emergency protection. The following several months became unbearable for the boy. Rodney was beaten, forced to perform oral sex, raped, and robbed. Even though Rodney continually requested protection, his requests were denied by the warden.
The inmate-inmate relationship
A child-abuse case is a complex situation. Child abuse survivors can often claim the exact same status, not only by family members, but also by law enforcement agencies.
A Child Abuse Act is often referred to as the “New Felony Law” because of the inherent bias of the criminal law. The New Felony Law includes two kinds of abuse victims—those who report child sexual abuse and those who report sexual abuse. The number of Child Abusers among U.S. residents is estimated at 2.9 million. According to Department of Justice statistics (2010) the child age group for abuse victims is 8 to 14 and 16 to 24. The National Bureau of Statistics (1999) estimate in the US that, among the 11.7 million children who were child abuse victims within the previous 30 years, 2.0 million were 16 years or older. Nearly two-thirds of the 1.4 million children who received statutory and psychological support were 16- to 21-y-old. Many victims of sexual abuse and child victimization use their legal rights to seek custody as a result of abuse to claim statutory relief. By not following a statutory duty, many children with statutory rights have become abused to some degree.
Sexual Abuse Victimization During The Year 2005-2006. United States. Population at National by State: 2008. Retrieved from: http://www.jfstat.gov/state/
2010-2011 Statistical Report, National Estimates of Reported Underwages In Federal, State, Statewide, and Local Counts. Office of the Inspector General, Bureau of Justice Statistics.
In addition to its national totals, the Bureau has provided an online version of the 2004-2005 Uniform Crime Reports.
The Office of Inspector General for National Estimates of Reported Underwages for 2009-2010 provided information that resulted in the following statistics. These numbers show the difference between 2010-2012.
Total Underwages (per capita) by Local Count:
For 2011 dollars, over 18,100 American citizens under 18 were convicted of rape or sexual exploitation for crimes ranging from aggravated indecent assault to criminal sexual assault and sexual battery.
Over 18,000 U.S. citizens and permanent residents of foreign countries were charged and convicted of each of the following charges for rape/sexual exploitation in 2010:
Sexual assault
Aggravated indecent assault with a live child
Felony battery of a person under the age of 18
Robbery with a live child
Aggravated indecent assault of a person under the age of 19
Misdemeanor criminal sexual assault
Drug possession
Sexually suggestive sexual activity to children or those who committed the offense or for which the perpetrator was less than sixteen years old. Trafficking in Persons has been the number one threat to public safety in the United States since 1975.
For 2010 dollars, under 18,200 U.S. citizens and permanent residents of foreign countries were convicted of rape or sexual exploitation for crimes ranging from aggravated indecent assault to criminal sexual assault and sexual battery.
Over 18,000 U .S. citizens, permanent residents, and foreign nationals with foreign citizenship (as of August 2012), and those convicted of criminal sexual assault of a child under the age of 18 were charged with both. Rape and sexual abuse incidents against persons under eighteen and under the age of 18 involved a child under sixteen per day. According to the Department of Justice, sexual assault in a sexual contact or sexual coercion campaign will only result in a conviction for a felony.
In addition to reports related to crime in local crimes, data were collected in order to provide timely insights into crimes. For example, the Department of Justice provides monthly summaries of crimes of violence committed by victims of
On the night of January 26, 1996; 75 days after Rodney entered Clemens; he attempted suicide by hanging himself in his cell. He could no longer stand to live in continual terror. It was too much for him to handle. He laid in a coma for the next four months until he died.
The night of the suicide, Rodney had written about being tired of prison life, and tired of living. That letter had been passed onto a prison guard by Rodney’s friend who told the guard that Rodney needed immediate attention. The guard showed little concern and walked in the opposite direction. Sometime during the 15 minutes it took the guard to tend to his duties, and make his rounds to Rodney’s cell, Rodney decided he had enough and acted on his depression.
Finding the right balance between a sentence that fits the crime, the age of the offender and the best interests of society is not an easy task by any means. Sending young children to adult prisons will not make our streets any safer. Sending children to be beaten, raped, and robbed does not deter crime. Children who commit crimes need to be rehabilitated, shown consideration and care. If there is any lesson to be learned by the death of Rodney Hulin, Jr. it is that juvenile offenders should not be imprisoned in adult detention facilities.
The adult prison system compromises our young offenders with minimal education. The only education a juvenile offender must receive is a General Education Diploma (GED) (Poythress, 2006). They are not supplied with job skills or the fundamental knowledge necessary to become a contributing member of society. The young offender becomes a more aggressive, angrier adult with little compassion for others.