Criminal Justice Procedure &

Evidence
Chapter 14

Extra Credit Assignment

Stephanie Ortega
Professor: Whitaker
Course: CJU 232
Date :06/14/2012

After Conviction
Chapter 14

What is a Juvenile Delinquent?

Juvenile delinquency, also known asjuvenile offending, oryouth crime, is participation in
illegal behavior byminors. Mostlegal systems prescribe specific procedures for dealing
with juveniles, such asjuvenile detention centers. Ajuvenile delinquentis a person who is
typically under the age of 18 and commits an act that otherwise would have been
charged as a crime if they were an adult. Depending on the type and severity of the
offense committed, it is possible for persons under 18 to be charged and tried as adults.
These can range fromstatus offenses(such as underage smoking) to property
crimesandviolent crimes. However, juvenile offending can be considered normative
adolescent behavior. This is because most teens tend to offend by committing nonviolent crimes, only once or a few times, and only during adolescence. It is when
adolescents offend repeatedly or violently that their offending is likely to continue beyond
adolescence, and become increasingly violent. It is also likely that if this is the case, they
began offending and displaying antisocial behavior even before reaching adolescence.
The OJJDP's most recent Juvenile Offenders and Victims National Report Series tracked
crime rates in 1999 and found that youths made up 54 percent of all arson arrests, 42
percent of all vandalism arrests, and 35 percent of all motor vehicle theft arrests.

What Happens In Juvenile Court?

When a juvenile is charged with a criminal offense and is sent to
a juvenile court, the focus is ordinarily on what will rehabilitate
the juvenile, rather than on punishment. Often, the offender will
be said to have committed a "delinquent act," as opposed to a
"criminal offense." The juvenile court has broad discretion to
tailor a sentence to the needs of a young offender. This is not to
say that juveniles are not sentenced to prison, many states have
large juvenile prisons and treatment facilities. It is understood
that some juvenile offenders are very dangerous, despite their
age, and that incarceration can be appropriate.

Cruel and Unusual Punishment

In attempting to define cruel and unusual punishment, federal and state courts have
generally analyzed two aspects of punishment: the method and the amount. As to the
method of punishment, the Eighth Amendment bars punishments that were
considered cruel at the time of itsadoption, such as burning at the stake, crucifixion,
or breaking on the wheel. The U.S. Supreme Court held that the use of excessive
physical force against a prisoner may constitute cruel and unusual punishment even if
the prisoner does not suffer serious injury.With regard to the amount of punishment
that may be inflicted, the prohibition against cruel and unusual punishment also bars
punishment that is clearly out of proportion to the offense committed.
TheSupreme Court, one being Anthony Kennedy,ruled that juveniles cannot be
sentenced to life without parole for crimes other than murder, in a significant 5-4
decision that says imposing such sentences violates the Constitution's prohibition on
"cruel and unusual" punishment.

The Eighth Amendment

TheEighth Amendment to the U.S.
Constitution prohibits the federal
government from imposing cruel and
unusual punishment for federal crimes.
The amendment states, that excessive
bail shall not be required, excessive fines
imposed, and also, cruel and unusual
punishment inflicted.

Violation of the Eighth

Amendment
Terrance Jamar Graham (born January 6, 1987), along with two
accomplices, attempted to rob a barbecue restaurant
inJacksonville,Floridain July 2003. Aged 16 at the time, Graham was
arrested for the robbery attempt and was charged as an adult for armed
burglary with assault and battery, as well as attempted armed robbery,
with the first charge being a first degree felony that is punishable by life.
He pled guilty and his plea was accepted.
Six months later, on December 2, 2004, Graham was arrested again for
home invasion robbery. Though Graham denied involvement, he
acknowledged that he was in violation of his plea agreement. In 2006, the
presiding judge sentenced Graham to life in prison, and because Florida
abolished parole, it became a sentence without parole.

What is the Juvenile Justice and Delinquency

Prevention Act?
In 1974, the United States enacted the Juvenile Justice
and Delinquency Prevention Act. The act aimed to
increase funding for community based prevention
programs and deinstitutionalize status offenders. It
required states to keep youth offenders separate from
adult offenders. It also began the Office of Juvenile
Justice and Delinquency Prevention, the Runaway
Youth Program, and the National Institute for Juvenile
Justice and Delinquency Prevention.

What is the Violent and Repeat Juvenile Offender Accountability

and Rehabilitation Act
In 1999, Congress enacted the "Violent and Repeat Juvenile
Offender Accountability and Rehabilitation Act." The act increased
punishments for juvenile violent offenders based on its assessment
that, the rehabilitative model of sentencing for juveniles, which
Congress rejected for adult offenders when Congress enacted the
Sentencing Reform Act of 1984, is inadequate and inappropriate for
dealing with many violent and repeat juvenile offenders. The
legislation requires violent juveniles to take responsibility for their
actions. One of the most controversial aspects of the act is that it
allows youth accused ofviolent crimes to be federally prosecuted
as adults at the age of 14.

Survey
Throughout my research, I have
included a three question
questionnaire to twenty
individuals. The purpose of the
questions is to alert and determine
peoples perspective of juvenile
injustice.

Questionnaire
Do

you know what is juvenile

injustice?
Do

you think that juveniles being

sentenced to life without parole is

cruel and unusual punishment?
What kind of punishment do you think
that a juvenile should have?

Results
16
14
12
10
Yes
No

8
6
4
2

No

0
Question 1

Yes
As
shown above,
fifteen out of twenty
Question
2
individuals knew what is a juvenile
injustice; however, five were unaware of
the situation. Also, eleven out of twenty
thought that life without parole is cruel
and unusual punishment for a minor;
however, nine thought that it is a

In Conclusion
Ajuvenile delinquentis a person who is typically under the age of 18 and commits
an act that otherwise would have been charged as a crime if they were an adult. As
to the method of punishment, the Eighth Amendment bars punishments that were
considered cruel at the time of itsadoption, such as burning at the stake,
crucifixion, or breaking on the wheel. In my questionnaire, I asked what form of
punishment should a juvenile have. I received answers such as a rehabilitation
program, a form of schooling, counseling, and some preferred jail time. A life
without parole sentence improperly denies the juvenile offender a chance to
demonstrate growth and maturity, stated by Kennedy.
In my opinion, sentencing should be given according to the crime. Life without
parole should only be given to someone who commits the crime of rape and/or
murder. For other lesser crimes (such as burglary) the minor should be given a
lesser charge, probation, or even counseling.