N439, Spring 2014

Debate 3: Youth Offender Incarceration in Adult Facilities, 3/3

Moderator (1): Johnson,Sarah M
Designated Questioner: Thangpey, Tenzin
Pro(2): Awuah-Boakye,Hans; Skrzypek,Natasha K.
Con(2): Murphy,Maureen M; Dong,Dexter D
Moderators Section (Sarah):
Issues to be debated: Should Juveniles ever be tried as adults?

Some background on how Juveniles are prosecuted:

When a juvenile has been accused of a crime, depending on the severity of the crime, they are
either tried as juveniles or sent to be tried as adults in adult court. Most juveniles who are tried
in juvenile court, receive some form of punishment, such as probation or community service, or
traditional juvenile residential placement facility. In many states, those who are charged with
serious crimes, such as murder, assault, and robbery, are tried as adults. (Gottesman, D., & Wile
Schwarz, S. 2011).

Juvenile facilities are all state funded, and According to the Justice Policy Institute, In 2009 it
was reported that, the cost of incarceration per youth is about $ 250 dollars a day which
averages to a total of 5.7 billion dollars each year for imprisoning, both violent and nonviolent
offender (Board of Directors Justice Policy Institute. 2009).
Stated in Juvenile Justice in the US, Just over two million youth under the age of 18 were
arrested in 2008. In 2010, of the nearly 100,000 youth under the age of 18 who were serving
time in a juvenile residential placement facility, 26 percent of those individuals had been
convicted of property crimes only, such as burglary, arson, or theft (Gottesman, D., & Wile
Schwarz, S. 2011)

The issue of whether Juveniles should be tried as adults is very controversial. According to the
U.S Supreme court, Juveniles lack maturity and have an underdeveloped sense of responsibility
in comparison to adults, they are more likely to make ill-considered decision , and are more
susceptible to negative influences and peer pressure, as they struggling to define their identity
(American Bar Association. 2012). On the other hand , According to the Legislative Department

Article 4, Part 2, Section 22 In order to protect the rights of the people and enforce public
safety, juveniles 15 yrs or older who commit serious crimes should be tried as adults (Children's
Action Alliance .2003).
Sarah asks to pro side(Natasha and Hans): What are the benefits for juveniles being placed in an adult
facility? .... Natasha answers for one minute, then Hans answers for one minute
Sarah asks to con side (Maureen and Dexter): Who is more likely to be a repeat offender juvenile in

Juvenile detention center, or adult prison? ... Maureen answers for one minute, then Dexter answers for
one minute

Questioners Section (Tenzin):

Pro: Do you believe that by the states moving to make it easier to try juveniles as adults means society
has given up on the possibility of reform for young offenders who commit serious crimes?
Con: Which option is most cost effective in the long run?
Pro Sides Section (Hans and Natasha):
Juveniles who commit serious crimes such as forced rape, murder and armed robbery should be
incarcerated in adult facilities. The crimes that juveniles commit that lead them to be incarcerated in an
adult facility require appropriate punishment in relation to how serious the crime was.
Con Sides Section (Maureen and Dexter):
The facts are clear, transferring juveniles into the adult criminal system is a recipe for increased suicide
and recidivism, with greater levels of re-arrests for these children, who often go on to commit further
serious and violent crimes. Prosecuting children as adults is not a solution to a problem, but rather a
source of further societal, community and personal woes. Not only does placing youth in the adult prison
system wreak havoc on the individuals, it also is costly for taxpayers. Children funneled into the adult
system are far more likely to spend more, if not all, of their lives wasted in the prison system, a system
which is already over-stressed and far too expensive. These child prisoners do not receive the
rehabilitation services that are available to their counterparts in juvenile systems and as such are far less
likely to escape the cycle of release and re-arrest. In addition, youth offenders transferred into the adult
system are far more likely to be from economically disadvantaged and minority backgrounds. We know
that such communities suffer higher rates of crime. By moving children of these populations into the adult
criminal system, society is perpetuating institutional racism and bias for generations to come.

Debate 3: Youth Offender Incarceration in Adult Facilities 3/3

Moderator : Johnson,Sarah M

Designated Questioner: Thangpey, Tenzin

Pro: Awuah-Boakye,Hans; Skrzypek,Natasha K.
Con: Murphy,Maureen M; Dong,Dexter D

Annotated Bibliography (everyone contributes here!)

American Bar Association. (2012, August 16). Should Juveniles Ever be Treated as Adults? American Bar
Association. Retrieved February 25, 2014, from http://www.americanbar.org/aba.html

Moderator: American Bar Association article discussed the legal aspect of when Juveniles
should be tried in an adult court. It also used an example for 1988 Thompson Vs. Oklahoma
where a 15 year old boy was charged with the death penalty. The Supreme Court also stated
that juveniles were not cognitively developed enough to understand their actions. This article
was directed toward law students, but I found it very informative in explaining the court
system.

Arya, N. (2007, November). Jailing juveniles: The dangers of incarcerating youth in adult jails in America. In
Campaign for youth justice. Retrieved February 25, 2014, from
http://www.campaignforyouthjustice.org/documents/CFYJNR_JailingJuveniles.pdf

Con Side: This report argues against the transfer of youth offenders into the adult criminal
system, summarizing the results of multiple studies that show statistically significant negative
consequences of children under the age of 18 being imprisoned with adults. The report also
illustrates this by highlighting several individual cases. The combination of qualitative and
quantitative evidence presented makes for a powerful argument against the transfer of youth
into the adult system.

Board of Directors Justice Policy Institute. (2009, May). The Cost of Confinement: Why Good Juvenile
Justice Policies. Justice Policy Institute Mobile Site. Retrieved February 25, 2014, from
http://www.justicepolicy.org/

Moderator: The Cost of Confinement article discussed how much state and local funding goes
into juvenile incarceration facilities. It also discusses how minor crimes such as robbery, and
substance abuse would be tried as juveniles, while murder, rape, and serious drug charges
would be tried as an adult. This article addressed the different types of facilities that a juvenile
can be placed in, and the different serves that are provided for individuals at these
rehabilitation facilities. The author clearly stated the different statistics and how much funding
actually goes into juvenile facilities.

Children's Action Alliance. (2003, June). Prosecuting Juveniles in the Adult Criminal Justice System.
National Juvenile Justice Network. Retrieved February 25, 2014, from http://njjn.org/

Moderator: Using Arizona state courts as a model, the Childrens Action Alliance, discusses

pros and cons of trying juveniles as adults. They also discuss the different circumstances that
may arise when dealing with certain offenders. When it will be most appropriate to try a
juvenile as an adult, and how cost, and time can have an influence on the different options for
juveniles.
Fleming, J.S. (2006). Piaget, Kohlberg, Gilligan and others on moral development. Retrieved March 1,
2014 from http://swppr.org/Textbook/Ch%207%20Morality.pdf

Pro: This chapter reviews various theorists perspectives on moral development. The theorists
include Piaget, Kohlberg, Gilligan, among others.

Gottesman, D., & Wile Schwarz, S. (2011, July). Juvenile Justice in the U.S. Facts for Policymakers. NCCP.
Retrieved February 25, 2014, from http://www.nccp.org/publications/pub_1038.html

Moderator: The Juvenile Justice in U.S Facts of Policymakers article was very informative. It
provided statistics regarding incarcerated juveniles. Different options of rehabilitation services
for juveniles and how the underlying causes of substance abuse and mental health need to be
addressed for these youths in order for them to be able to have a successful future. This article
also discussed the negative effects adult incarceration for juveniles can have on the growing
minds of these individuals.

Hahn, R., McGowan, A., Liberman, A., Crosby, A., Fullilove, M., Johnson, R., & Moscicki, E. (2007,
November 30). Effects on violence of laws and policies facilitating the transfer of youth from the
juvenile to the adult justice system. Morbidity and mortality weekly report, 56(9), 1-11. Retrieved
February 25, 2014, from http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5609a1.htm

Con Side: This article from the CDC supports the findings of several studies that transfer of
youth offenders into the adult criminal system actually increases the rates of recidivism,
including re-arrest for violent offenses. The article showed that transfer laws actually do the
opposite of what they intend. Instead of being deterred from committing further crimes, youth
who are transferred to the adult system actually are more likely to go on to further crime.

Henrichson, C., & Delaney, R. (2012). The price of prisons: What incarceration costs taxpayers. New
York, NY: Vera Institute of Justice. Retrieved February 27, 2014, from
http://www.vera.org/sites/default/files/resources/downloads/price-of-prisons-updated-version
-021914.pdf

Con Side: This publication breaks down the costs of the state prison system including the
expense to taxpayers per prisoner. The document provides state by state as well as aggregate
information in order to fully illustrate the economic burden of the prison system, which is only
increased by a burgeoning prison population, one that is further expanded by the

incarceration of youth in adult prisons and subsequent increased rates of recidivism.

John Roman, Putting Juveniles in Adult Jails Doesnt Work, Urban Institute Public Policy Center,
Publications, 2008, http://www.urban.org/publications/901138.html.

Con Side: This article discusses breaks down the argument against youth incarceration in adult
prison into three main points. The first argument is that youths released from the adult prison
system are more likely to become repeat offenders on release. Second, the overall price of
placing a youth in a juvenile facility is less costly to the public than an adult prison. Third, the
threat of being tried as an adult has not been shown to deter youths from committing crimes
in the first place.

Michon, K. (2014) When juveniles are tried in adult criminal court. Nolo law. Retrieved March 1,
from http://www.nolo.com/legal-encyclopedia/juveniles-youth-adult-criminal-court-32226.html

2014

Pro side: This article discusses the differences between adult and juvenile courts and some of
the advantages a juvenile may have when being tried in an adult court. Advantages include the
right to a jury trial and juries in an adult court may be more sympathetic to a minor.

Reaves, J. (2001) Should the law treat kids and adults differently? TIME. Retrieved March 2, 2014 from
http://content.time.com/time/nation/article/0,8599,110232,00.html

Pro side: this article discussed many of the main points in the debate of should juveniles be
treated differently. It presents both pros and cons. However, focussing on the pros includes the
the end result of any heinous crime still remains the same no matter how old the person was who
did it. If you are old enough to know how to load and shoot a gun you are old enough to take
responsibility for your actions.

Redding, R. (2006). Adult punishment for juvenile offenders: Does it reduce crime? Villanova University
School of Law. Retrieved February 26, 2014, from
http://law.bepress.com/cgi/viewcontent.cgi?article=1047&context=villanovalwps

Pro side: This article discusses the role of public opinion, legislative changes in transfer laws and
their impact, deterrent effects and alternatives of achieving deterrence.

JuvenileJusticeClearinghouse(2012).Transferofjuvenilestoadultcourt:effectsofabroadpolicy
inonecourt.Rockville,MD:Mulvey,E.P.&Schubert,C.A.

Pro side: According to the Office of Juvenile Justice and Delinquency Prevention, one study
indicated that transfer to the adult courts may have a differential effect, meaning that it could
either reduce or increase the likelihood of offending, depending on the juveniles presenting
offense and prior history of offense.

Levitt,S.(1998).JuvenileCrimeandPunishment.JournalofPoliticalEconomy,106:11561185.

Pro side: This article highlighted the fact that in the 80s and 90s when the juvenile justice
system was becoming less punitive violent crimes among juveniles was actually on the rise. This
calls into question the effectiveness of a less punitive juvenile system in addressing young,
violent offenders.

ProsecutingJuvenilesintheAdultCriminalJusticeSystem:KeyIssuesand
RecommendationsforArizona,CHILDRENSACTIONALLIANCE1,6(June2003),
http://azchildren.org/wpcontent/uploads/2013/01/ProsecutingJuvasAdult2003.pdf[hereinafter
ProsecutingJuveniles].

Proside:Thisarticlecapturestheimportanceofconsideringmultiplefactorswhendetermining
whetherajuvenileshouldbetriedintheadultjusticesystem.Ofparticularimportanceisto
completecompetenceevaluationsofanyjuvenilebeingconsideredfortransfertotheadult
system.

Thompson,Steve(2006,September23).TryingJuvenilesasAdultsQ&A.Yahoo.com.RetrievedMarch
2,2014fromhttp://voices.yahoo.com/tryingjuvenilesasadultsqa79604.html?cat=17.

Proside:Thisnewsarticlemakesthreesimplepointsaboutthepossiblebenefitsofjuveniles
beingtransferredtotheadultjusticesystem.Thisisnotapeerreviewedjournalarticle,butstill
makesvalidpointsworthyofdiscussion.

Schiraldi, V., & Zeidenberg, J. (1997). The risks juveniles face when they are incarcerated with adults. In
Justice Policy Institute. Retrieved February 25, 2014, from
http://www.justicepolicy.org/images/upload/97-02_rep_riskjuvenilesface_jj.pdf

Con Side: This document provides statistics from several studies showing the costs to the
imprisoned as well as the cost to society of imprisoning youth in adult systems. The
connections between in prison abuse and rape, increased suicide rates and increased re-arrest
for violent crimes are highlighted.