Is It Ethical to Sentence Juveniles as Adults?

Introduction 

Juveniles are a group of people who are considered to below the age of 18 years and are above the age of 10 years. According to the US as of 1995, juveniles are people below the age of 18 years. However, different countries have different law that states the beginning of juvenile and its ending. Since juveniles are considered as minors, they, therefore, have special civil courts that listen to their cases when they go against the law. These special courts are called Juvenile courts. In these courts, they are subjected to fewer rights than what they would be subjected to while at the adult criminal law court. 

In the present generation, many crimes are committed. These crimes are not only committed by adults but also juveniles and therefore creating the primary concern of our research. whether youths should be tried in courts as adults or not. There are some of the crimes that when committed will be difficult to subject the offender as to either the juvenile court or to the adult criminal court. Such crimes are as breaking traffic rules like over speeding. Therefore, the main objective of this research is to look at whether it is ethical to subject juveniles to trial as adults. 

Following an increase in the number of crimes committed by juveniles in the current society, it will be therefore necessary to look at how they face trials and sentences. Hence, a research on this topic will be of great importance. Thus, the reason why this research should be conducted the study seeks to answer the primary question which is “is it ethical for juveniles to be sentenced as adults?” 

Literature Review 

In early centuries such as in the 1700s, both the adults and the juveniles were under the similar criminal system (Colman & Shady, 2010). It was because by the then the law could not differentiate between a minor and an adult. Many challenges faced the practice since people were tried irrespective of gender and age. The effect of this was that prisons were filled with both juveniles and adults. As a result, the minors were being mistreated by the adults, due to this, the issue of whether ‘Child or adult’ started emerging which gave birth to early Juvenile law courts in the 1970s and 1980s (Greenwood & Turner 2011). Over the past years, there have been reforms to restore the original purpose of the juvenile court. 

There have been a lot of cases committed by people below the age of 18 years. With the development of juvenile civil law courts, the offenders can now be charged differently from how the adults will be charged. The offenders below the age of 18 years are now able to enjoy some unique considerations under the law unlike the adults bearing in mind that the main objective of having juvenile courts is for the purpose of reforming. Nevertheless, with increasing law, juveniles can be prosecuted in adult courts instead of being prosecuted in juvenile courts. For such a case the main issue remains that whether the juveniles who go through the adult courts are they reformed or are deterred from their future crime, 

Various researches have been done to ascertain whether it is ethical to subject minors to same trials as adults. It has proved to be a challenging research as various researchers argue out their points in various ways. Some of them have supported the idea that juveniles should be subjected to the sentence as adults while others are of the notion that minors should not be subjected to the same punishments as adults. However, other researchers have not come out clearly to state their stands over the issue. 

Juveniles Tried and Sentenced As Adults 

There are a lot of incidences where people considered as juveniles faces trial and judged as adults. The offenders in this category are the one who have committed deadly crimes such as murder. Irrespective of the age the one considered as a juvenile is subjected to trial as that that would have been subjected to an adult (Emerson, 2017). The following are incidences where the juveniles faced trials and sentenced as adults: 

According to Fort Worth Star-Telegram of February 15, 2019, a girl aged 14 years was given a 25 years sentence for an alleged of killing her best friend. As per the judge who presided over the case the sentenced was made immediately, and the girl was to be held in a juvenile department (Davis, 2019). Her friend by the name Nylah Lightfoot also aged 14 died following several stubs at her neck and chest. The reason that led Nylah to be stubbed by her friend was a fight at the Sycamore Centre. 

Another instance where a juvenile was tried and sentenced as an adult is where a boy aged 12 was arrested on a case concerning the murder of a Creswell woman (Greenwood, 2011). The boy was tried and faced with charges of death of the 92-year-old woman. He was charged with the first-degree murder. The woman by the name Emma Burnell was found dead. 

In Greenwood & turners of January 7, 2011, a lawyer by the name Matthew Pinix files an appeal concerning one of the two girls who was judged with first degree. The lawyer argues that the girl would not have been judged as an adult and instead to be charged with second-degree homicide because this could have been pushed to a juvenile court. The girl, Morgan Geyser, was charged with a first-degree homicide concerning the 2014 attack (Greenwood & Turner2011). The judge who presided over the case sentenced Morgan to a 40 years’ imprisonment. 

Minors Being Treated and Charged As Juveniles 

When people, under a given age by the country, commit a crime there are taken to special civil courts known as juvenile courts. The main aim of the juvenile court is to rehabilitate and not to punish the offender. There are some cases where earlier researchers present cases where juveniles are tried and charged as juveniles. Below are some of the instances where minors are faced with trials and charged as minors and not adults. 

In an article written in April entitled ‘The police arrested new Breed' two teenagers in Northern Ireland. Their arresting was in connection with the killing of a journalist in the city (Emerson, 2017). The journalist was killed in a riot where the two men shot him. Then two men were arrested and taken to juvenile court for their cases to be heard. 

Another incidence where a minor has been tried in a juvenile court is a case of a 17-year-old put in written plans to kill his grandparents (Aizer, 2015). The teen called to the police through the emergency number 911 and confessed the killing his grandparents. The law found the notes and the boy charged with for kill. He was taken to court and charged with two counts of homicide. Alexander was charged a life sentenced following his killing of the 73 and 74 years old Kraus. 

Research Questions 

Following the high incidences of juvenile cases, this research comes in to look on the relevancy on whether it will be ethical if juveniles are subjected to the same trials and sentences as adults (Davis, 2019). For this research to be covered comprehensively, some guiding questions have to be developed. These questions will help come up with the most accurate results. 

How many juvenile courts are there in the county? 

Who is considered to be juvenile in the country? 

How many cases concerning juveniles have been in the country? 

Are there any incidences where juveniles have been treated like adults in the court of law? If any what state has the government taken concerning such a situation? 

Sampling 

Since a population consists of numerous individuals, a proper investigation has to be done to come up with a selected portion that will represent the total population. This, therefore, calls upon sampling I order to carry out logic and satisfactory research. Hence, a proper sampling technique should be chosen in the study. Basing on the kind of research we are supposed to carry out, our targeted population will be youth lying between the age of 10 years and 18 years. To do comprehensive research, we will use various sampling techniques (Ebeida 2012). The different sampling techniques that will be employed in this research will include; 

Simple random sampling, this method of sampling is used where the population consists of both the N and the n type (Ebeida 2012). In this technique of sampling, every item has a similar opportunity to be chosen as part of the sample. For us to carry out depth research, we will need to have about 15 to 20 groups and in each group to have like 40 people. There are many ways to come up with a particular sampling method, but one of the easiest ways is that we will get in the population and randomly pick the elements and the selected elements will form the required sample. 

Another sampling technique that will be employed in our research is stratified sampling. In this method of sampling, the population is divided into groups according to their similarities in characteristics. These groups are known as Strata. Then within the group, a random picking will be done to form the sample. For example, in our case, we will divide the population according to the geographical location such as those in the North in one group. After that, a random pick will be done among the selected groups. 

We will also employ the use of a cluster as a technique of sampling. We will separate our targeted population in groups called cluster. From there we will use a simple random sampling and carry out the analysis. Cluster sampling will be of excellent use cause will lead to more accurate results. This is because in cluster sampling there will be less precision compared to simple random and stratified (Mason, 2017). 

Ethical Issue 

Since the primary source of data in our research will be a human being, therefore, we will have to conduct our research in a way that human being will not feel mistreated. It will be our responsibility as researchers to protect their life under study (Mason, 2017). Their privacy and confidentiality should be observed where using the questionnaire as a method of collecting data (Angeli & Valanides,2013). On the other hand, the person should be honest enough to give to the researcher secure information to enable the researcher to meet the objective of the research. According to the Belmont Report Ethical issues that govern a given study have been summarized into the following fundamental values: 

1. Respect for persons: the researcher is not supposed to over-rule the person from whom he/she is acquiring the information. The person should be able to govern herself/himself and give out the idea willingly for us to have accurate results. 

2. Beneficence- the researcher should not harm the person from whom he/she is acquiring information. Damaging can be in the form threatening the person to give information against the intentions of the person. Instead, the researcher should maximize on any possible benefits and minimize any potential harm. 

3. Justice- the researcher should avoid discriminating against the subjects or colleagues based on ethnicity or sex. The researcher is supposed to exercise judgment at all level both individual and societal level. 

We will, therefore, ensure that the ethical issues are upheld by ensuring the welfare our subjects are maintained. It will be the willingness of the subject to share the information he or she has with us. We will not engage in any act of force to acquire information from our subjects and use any maximizes on any chance that we will have to gain maximum information that will be helpful to our research. 

5. Independent and dependent variables 

In regards to our research, we will come up with two variables that will affect the kind of information we will need to acquire from our targeted population. The two variables will be either dependent or either independent. The variables will be as follows: 

i) Our first variable will be the independent variable. The independent variable will compose of the behavioral characteristics of a juvenile in the country. Their social expectations and what the law expects from them. 

ii) On the other hand, the dependent variable will compose the number of youths in the juvenile cells and prison. 

Definitions of variables 

When we talk about the independent variable, we mean a type of variable that is unaffected by other elements that are under study. The independent variable is the presumed cause saying that is a condition which is systematically employed by the researcher for our case we will take the behavioral character among our juvenile in that country. This variable is unaffected by other elements in our research. This is the one that will give rise to the dependent variable. The behavior of our youths will determine whether they will go against the law or not, the way the society has brought up their youths will decide whether or not they are likely to go against the law or not. 

The low expectations on the youths will also determine how many times these youths go against the law. The law should be made clear to the youths as this will effect on how they behave in the society thus contributing to whether they will be a higher number of youths in the cell or not. 

On the other hand, when we talk of the dependent variable, we mean a variable that will depend on different variables. These variables will change depending on the independent variable. Therefore, the dependent variable is termed as a presumed effect. It is as a result of the independent variable. 

For our research to be realistic, we will choose the number of juveniles in the cells to form our dependent variable. It is because the number of youths in the cell will depend on the way youths behave out there. Therefore, if there is the behavioral change among the youths which are considered to be juveniles, there will be a resultant decrease in the number of minors who will be going against the law. 

Measurement of Variable 

When it comes to variable measurement, various techniques will be employed to come up with the best conclusion. In relations to various scales of measuring variables, we will choose on the appropriate scales which will be the nominal, interval and the ratio scale. 

Since our dependent variables will be in terms of numerical figures thus will be measured in ratio form (Philipsen & Bergmann, 2010). We will divide the number of juveniles who are in the cell and prisons in reasonable amounts to collect responses from them in a more appropriate way. The use of ratio technique will result in satisfactory results as it is easier to divide human beings into groups for efficient data collection. 

On the other hand, our independent variable will be best measured on a nominal scale. Just as the name goes, nominal scale entails variables that have to deal with naming. The advantage of this measuring scale is that there will be no measure of distance at any point between the values. Just the name of the juveniles will be required such as whether they have ever engaged in unlawful activities. The response for such a question will be determined by either a ‘Yes’ or ‘No.’ 

The effect of the law on the juveniles will also be determined through the nominal scale. Here we will evaluate the views of individuals on the law. The answers will be determined by phrases like I totally agree or, partially agree, agree and strongly disagree (Philipsen & Bergmann, 2010). The issue to deal with the social expectations of our subject will also be measured in the nominal scale. This will comprise of the juveniles are well behaved, mannered or are ill-mannered. 

In the measurement of the behavioral way of the juveniles in the society, interval scale will also be employed. Just as the name implies, Interval technique of measuring variable deals with the difference between the selected variable (Taylor, 2015). For our research, we will majorly look at the change of the behavior of the juveniles from the point they are entering the juvenile stage and the position they are in their late juvenile stage. The differences in the intervals represent real differences in the variables. 

Data Collection Method 

This research will employ both the qualitative and quantitative methods of data collection. In a qualitative way of collecting data, we will hold interviews with our subject to get first-hand information. It will also help us to determine the efficiency of the respondent thus be able to come up with the best data comparison. In contrast, quantitative data collection can be done by use of open-ended questionnaires. Unlike the closed questionnaire, an open-ended questionnaire will enable us to know the respondent’s feeling and understanding of the question in research (Petter, 2013). Therefore, the use of open inquiry will be able to get depth information. 

The design of our research is that when we employ the above two methods will be able to obtain satisfactory results. The questionnaires will be distributed among the sampled population to be answered then collected back and the results analyzed. Interviews will be held one on one with the subject. Structured questions will be used to make the interview process efficient. Response from the interviewer will be analyzed before concluding. 

References 

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