Juvenile Incarceration Essay Examples & Outline
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Juvenile incarceration has created a lot of uncertainties in the legal justice system. This is because it is often assumed that indeed there are several persons that are underage that at the time of the crime did not have the proper mental reasoning to appreciate that indeed they were committing a crime. For this reason, there have been several problems regarding Juvenile incarceration and it has been argued that there is a need to re-evaluate and ensure that indeed the problems, which affect the system, are given the proper judicial involvement and justice. This paper is going to examine how different it is from adults and the juvenile when it comes to determining competency to stand trial in an adult criminal justice system.
There is a need to assess juveniles differently from adults. This is because adolescence can be described as an important transition into adulthood and it sometimes it is known to be fraught with different complications. It is of the essence to therefore, understand that there is a need to look at the system critically and ensure that each and every sub-sector of the juvenile incarceration is looked at critically and the underlying cause of the present problems looked at.
Therefore, should be assessed differently in regards to their competency to stand trial. This is because, adolescence is an important transition into adulthood, and it is in many cases fraught with complications. There is a need to assess the children as being children. The judicial system has been created for adults and consequently, it often becomes difficult to test the children in a court of adults. Juveniles should be assessed as to whether they were in the proper frame of mind when they were committing the crime. They should also be assessed whether they could appreciate the fact that they were committing a crime and understood the consequences that came with their actions. It is for this reasons that they can be able to stand trial in an adult court that has adult assessment techniques.
Juveniles lack the mental capacity to appreciate court proceedings. Consequently, it becomes extremely difficult for them to understand the consequence of their actions. It is for this reason that they stand different as compared to adults who can appreciate the diverse and sometimes complicated court proceedings and the consequence of their actions. This is one of the issues that the U.S justice has been grappling with since the introduction of the Justice system. Further, the mental state of mind of the juvenile is different from that of the adult, and it is important to appreciate this fact. This will undoubtedly ensure that the two people are different and consequently they should be treated in different courts and assessed differently.
The issue of mental capacity often makes it hard for one to effectively assess juveniles as they are not able to understand several issues in the criminal justice system. Therefore, there is a need to assess the juvenile differently in relation to their mental capacity and ensure that they are able to understand what is happening and the consequence of their actions. The adults should be assessed different as their mental capacities can be described as advanced and they can understand fully what is going on and understand the consequence of their actions.