Avila 1 Cassandra Avila Instructor: Malcolm Campbell English 1102 24 March 2014 A Robbed Childhood The sounds of cartoons

and kids running around resonated in Pauls mind. Normal days at the park playing football, last month come to mind. He begins to wonder how the nightmare he finds himself in now even began, while reminiscing in the simple, happy memories a 13-yearold kid could have. Those moments with family and friends that are normally forgotten are brought up. They become the last joyful memories of his childhood. Pauls memories and thoughts shatter as the judges gavel pounds on the wooden sound block. The sentence was 25 years. Paul would be a grown man, but at 13, he is already seen as one by the court. How is it possible to rob the childhood from someone who is just beginning to grow? How is it fair for a minor, a juvenile to be tried as an adult? In 2011, Colt Lundy and Paul Gingerich awaited their sentence in adult court. It is not new to hear about two murderers to wait for their sentence, but what makes this case captivating is that they are under the age of 16. They were tried for the murder of Lundys stepfather (Crow, Nadia). The received a 30-year and 25-year sentence by the court. While many believed it was unfair for the two boys to be tried as adults, since they were 15 and 12; some believed it was the right thing for the court to try them as adults. At least the 12 year old the adult charge is kind of strong but nowadaysif they can do the crime do the time, said Amanda Hyndman, Wawasee Middle School Parent, the school where Colt and Paul attended school (Crow, Nadia).
Comment [SEC3]: They Comment [SEC2]: I love what you are conveying here, I feel that it would make a bigger impact if the point is stated more clearly. Put more emphasis on the fact he was tried as an adult. Comment [SEC1]: Like the intro, it was attention grabbing and a good length to maintain that attention.

Avila 2 A juvenile is considered to be under the age of 18. When a juvenile is tried in a juvenile court, they are given somewhat of a second chance. If a juvenile is sent to a juvenile correctional facility, then they will be given rehabilitation (Kendall, Janelle P.). According to the Office of Juvenile Justice and Delinquency Prevention, 64.3% of the studies conducted on juveniles who received rehabilitation showed that there was a reduction of recidivism (Treatment Programs for Juvenile Delinquents). In other words, the studies concluded that rehabilitation is key in order to decrease the violent or unlawful actions of these juveniles after they have done their sentence. It is important for a juvenile delinquent to receive this type of help in order to have a better life after his or her time in a juvenile correctional facility. If juveniles are transferred to an adult prison, they will be surrounded by tougher criminals and are more likely to commit crimes if they are let out of the adult prison (Reaves, Jessica). It is unfair for a 13-year-old boy to go through an adult court case and then transfer into an adult prison at the age of 18 because of their young age. It is unfair because their innocence is robbed from the hands of the court. Kids should be sent to a place where they can serve time but also learn from what they did. Prison is not the place for that because it is a punishment rather than a place where they can learn to be good again. In the United States, there are states that support the idea of trying juveniles as adults. For example, New York and North Carolina are the two states that consider juveniles, aged 16, as adults regardless of the crime (When Children Become Criminals). The main concern of this type of law is that it does not allow juveniles to receive the rehabilitation that they need. The reason that rehabilitation is important to juveniles is because they need to learn from their past actions since their brains are not as developed as adults; therefore, they should not be excluded from this type of help.
Comment [SEC6]: Good point. Agreed, is there anything to support this/will you talk about this? Comment [SEC5]: Not needed but understand why included. Comment [SEC4]: Good paragraph for explaining and enlightening the reader. But feels a little choppy and just thrown in. Perhaps a better intro to paragraph or different location will help flow of paper.

Avila 3 The debate of trying juveniles as adults continues when the dangers of sending them to an adult prison come up. A tougher environment surrounds juveniles who are later transferred to an adult prison in a juvenile correctional facility is big threat to them. For instance, Michael Kemp, a former juvenile sent to an adult prison states, You never know what the adults might do to you. He mentioned how it is a constant struggle to survive in an adult prison as a kid. They pull you in but in reality theyre trying to get a favor out of you, a sexu al act, and then you get victimized or raped, Kemp says (Incarcerated Childhood: US Kids Prosecuted as Adults). In addition to Kemps experiences, the Bureau of Justice, one out of five victims of sexual abuse in prisons are younger than 18 and juveniles in adult prison are more likely to commit suicide (Incarcerated Childhood: US Kids Prosecuted as Adults). A teenage brain has yet to be fully developed. According to the MacArthur Foundation Research network, the teenage brain is undergoing dramatic changes during adolescence in ways that affect teens ability to reason, to weigh consequences for their decisions (Schwartz, Robert). That being said, how is it still possible for juveniles to be tried as adults, if their brains are not capable of holding them back from irrational actions? Juveniles who are tired as adults are also not capable of understanding an adult court case. The issue of this debate appears if a juvenile is sentenced to wife without parole. The Supreme Court has stated its own opinion on this type of sentence back in 2010, stating: A life without parole sentence improperly denies the juvenile offender a chance to demonstrate growth and maturity. As compared to adults, juveniles have a lack of maturity and an underdeveloped sense of responsibility, they are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure; and their characters are not as well formed (Singer, Amy).
Comment [SEC10]: Comment [SEC9]: life Comment [SEC8]: I feel like this paragraph would flow better if it were after the second paragraph on page two. You ended that paragraph about undeveloped brains. Comment [SEC7]: Very good point/research to bring up.

Avila 4 In other words, it is not fair for a juvenile to be sent to prison for life because it is unfair to redeem themselves and possibly free themselves as well. Their minds are not mature enough to cope with the harsh punishments of an adult sentence. Trying juveniles as adults is unfair to do, but what also adds to the unfairness of it is the loss of a second chance at life. When juveniles are tried as adults, it is something that will follow them throughout their lives. A bright future, a college admission, or jobs are three of many opportunities in life that might be difficult to achieve (Chester, Lael). The many juveniles who are tried as adults must live with a criminal record. What seems unfair about this is that it takes away a young persons life before it has really begun. If he childhood has already been robbed, then a persons life is also taken away. The years between adolescence and adulthood are crucial for somebody to know what they want out of life. If this is taken away from them, then what good can come out of a person who has been surrounded by harsh environments and lacked any rehabilitation? Despite the many drawbacks of trying juveniles as adults, there are many people that believe that they should be tried as adults. Because adult prison is designed to punish adults for their crimes, juveniles should behave better in order to avoid it. This is the main support for trying juveniles as adults. Supposedly, the harsh laws that allow courts to try juveniles as adults serve as a, deterrent for future delinquency (Bishop, Tricia). . Juveniles are under the age of 18, but teenagers who commit serious crimes, like rape and murder, and are around 16 or 17 years old are excluded from the opposition of trying kids as adults. The mind of a 17 year-old is more developed than the mind of a 12-year old. Many supporters of juveniles being tried as adults believe that if they are old enough to commit a heinous crime, then they are old enough to
Comment [SEC14]: Take out extra period Comment [SEC13]: I think you meant the? Comment [SEC12]: Uses unfair/fair quite often. Switch it up, justice /injustice Comment [SEC11]: Very good supporting of idea research!

Avila 5 serve the time for it. If more juveniles were tried as adults, then it would be a lesson for others not to get themselves into trouble. The actions of these juveniles should not go unpunished. Each case is different and depending on the severity of the case, the state will decide how to try and convict these juveniles. In the United States, an adult is considered to be 18 years old. Some juveniles are not old enough to have a job or drive, yet they are old enough to be convicted as an adult. Convicting juveniles as adults is not fair because they are still kids. When you hold a youth accountable in the same manner and fashion in which you hold an adult, its just not right and its not fair, states LaShon Beamon of the Department of Youth Rehabilitation Services (Incarcerated Childhood: US Kids Prosecuted as Adults). This debate is very controversial, but hopefully many will se how unfair this issue is. In the cases of Colt Lundy and Paul Gingerich, their innocence has been taken away at very early age. I happen to think that their childhood has been robbed. Some argue they brought unto themselves, while others will blame the court system of having done it. In any case, juveniles younger than 16 are not old enough, mature enough to be tried and convicted as adults because they lack a developed mind. It is unfair to see many of todays youth being ripped from their childhood, youth, and life in general.
Comment [SEC15]: see Comment [SEC16]: away at a very Comment [SEC17]: they brought it onto Comment [SEC18]: Not really needed/sounds very wordy Comment [SEC19]: reword

Very interesting topic. I liked how you looked at both sides. I would do a little more research on the opposing side just to make it stronger. I like how it was filled with your voice yet everything was backed up with a source, good job with that (: The flow was fairly good, just a little rearranging and I feel like it will be great. Just some things I wonder, is there any research on how the families of the kids being wrongly tried in court? Are the parents upset by their 13 year old being tried as a 25 year old? Or is there anything about how attorneys/lawyers deal with these types of cases?

Avila 6 Maybe explain the major differences between juvenile prison and adult prison (like are the guards tougher/meaner. Is the physical environment different.?) I really liked your paper. Nothing was lacking, just some tweaking and it can be even better! Sarah Crider

Works Cited Bishop, Tricia. "Report Says Trying Juveniles as Adults Is Counterproductive." Baltimore Sun. The Baltimore Sun, 04 Oct. 2010. Web. 21 Mar. 2014. Chester, Lael. "Kids Caught up in Justice System Should Not Be Tried as Adults." Alaska Dispatch. Alaska Dispatch, 26 Aug. 2013. Web. 8 Mar. 2014. Crow, Nadia. "Juveniles Tried as Adults in Kosciusko Murder." FOX28.com. FOX28, 29 Apr. 2010. Web. 8 Mar. 2014. "Incarcerated Childhood: US Kids Prosecuted as Adults." YouTube. YouTube, 07 Apr. 2012. Web. 8 Mar. 2014. Kendall, Janelle P. "Law & Public Safety." Juvenile Court Process. Stearns County Minnesota, n.d. Web. 20 Mar. 2014. Reaves, Jessica. "Should the Law Treat Kids and Adults Differently?" Time. Time Inc., 17 May 2001. Web. 20 Mar. 2014. Schwartz, Robert. "Kids Should Never Be Tried as Adults." CNN. Cable News Network, 18 Feb. 2010. Web. 8 Mar. 2014. Singer, Amy. "Should Children Be Tried As Adults?" Examiner.com. Examiner, 11 June 2012.

Avila 7 Web. 20 Mar. 2014. "Treatment Programs for Juvenile Delinquents." Treatment Programs for Juvenile Delinquents. Office of Juvenile Justice and Delinquency Prevention, July 1999. Web. 20 Mar. 2014. "When Children Become Criminals." The New York Times. The New York Times, 19 Jan. 2014. Web. 20 Mar. 2014.