Faculty Mentor(s)

Dr. Shelly Stroud

Dr. David Van Heemst

Project Type

Student Scholarship

Scholarship Domain(s)

Scholarship of Community Application

Presentation Type

Other

Abstract

At the Crossroads of Childhood and Crime Where Do We Draw the Line?

There is historical evidence pointing toward the accusation that juvenile courts and adult courts have not fully united in respect to criminal procedure and adherence to constitutional law. The Supreme Court has ruled on several issues such as preventative detention of juveniles and the right of a juvenile defendant to a jury trial. Scholars suggest the pendulum is now swinging towards rehabilitation and treatment. Science and the law recognize that the cognitive and psychological needs of juvenile offenders must be addressed. However, a closer look reveals significant jurisprudential tensions exists due to the fact opinions are riddled with contradictions. In search of answers to the above thoughts, the debate will center on questions such as: Is reform worth trying for certain serious juvenile offenders? Are juvenile defendants being denied constitutional rights resulting in overly retributive punishments? Should life in prison without the possibility of parole still be an option for someone under 18?

Permission type

Creative Commons Attribution 4.0 License
This work is licensed under a Creative Commons Attribution 4.0 License.

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At the Crossroads of Childhood and Crime Where Do We Draw the Line?

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At the Crossroads of Childhood and Crime Where Do We Draw the Line?

There is historical evidence pointing toward the accusation that juvenile courts and adult courts have not fully united in respect to criminal procedure and adherence to constitutional law. The Supreme Court has ruled on several issues such as preventative detention of juveniles and the right of a juvenile defendant to a jury trial. Scholars suggest the pendulum is now swinging towards rehabilitation and treatment. Science and the law recognize that the cognitive and psychological needs of juvenile offenders must be addressed. However, a closer look reveals significant jurisprudential tensions exists due to the fact opinions are riddled with contradictions. In search of answers to the above thoughts, the debate will center on questions such as: Is reform worth trying for certain serious juvenile offenders? Are juvenile defendants being denied constitutional rights resulting in overly retributive punishments? Should life in prison without the possibility of parole still be an option for someone under 18?