In most criminal cases, juveniles are treated as adults
Though this relies on how serious the crime was. As an illustration, consider the instance of a child murderer. Such situations are treated as if they were adult cases. Because children who perpetrate these crimes are aware that they will likely serve time in prison, they are tried as adults when they do so. The juvenile defense is forfeited when a juvenile is prosecuted in adult court. To come to a decision that the child should be treated as an adult, the judge must conduct extensive study into the case.
Adults were the murderers, drug traffickers, rapists, and robbers of the past
Currently, they are typically children under the age of 18. The age of the victims becomes younger as the age of the criminal become younger. Now, juveniles between the age of 14 and 17 years are being arrested at a very high rate. This rate has grown by 22% from 1990 to 1994, and the situation is becoming more worse. The new categories of offenders require different more stringent approaches.
Current state of laws in Ohio
Ohio's juvenile rules have changed over the last 30 years although "care, protection, and mental and physical development of children" has remained its only purpose. Ohio has made it simpler to try a juvenile in a court by drafting statutes together with other forty states. Ohio has only adopted the waiver option. The juvenile law went to effect on 1st of January 1996 where it changed the age and the conditions which would be used for a juvenile to be transferred to a criminal court. The new statute has lowered the ages for both mandatory and discretionary transfer. They also expanded the circumstances in which the judge has no choice but to transfer.
The most substantial change is that if there is a possible reason for the juvenile to commit the crime, then he or she is transferred to a criminal court. Ohio is the only state that has endorsed that law. And it becomes more comfortable if the criminal has 16 years and there is a probable cause of the crime commitment then the kid is transferred. (Howe, 2013)
Supreme cases involving Juveniles
Supreme cases that involve juveniles are very tricky. For a judge to decide the penalty, a junior should receive a lot has to be considered. One must respect and understand the junior in many ways and the reason the act was done. These considerations are done so as not to ruin the lives of the child is innocent. Three supreme cases have shaped justice for juveniles. These instances are Roper versus Simmons, in this case, the supreme ruled that it is unconstitutional for an underage below 18 years to receive a death penalty. The next example is Graham versus Florida where the court ruled that a life sentence for a juvenile without parole is a violation of the eighth amendment. The last case is Miller versus Alabama. This is the case that made life sentence unconstitutional at the time of the crime to mandatory life without parole. (Merlo, & Benekos, 2017)
How juveniles can be waived to criminal courts
This method was not frequently used until the 1960s; it has been available for some years. There are three types of waiver Discretionary, presumptive, and the mandatory. A hearing must be conducted for a decision to be made. Discretionary waiver always put the transfer decision in the hands of the judge in the juvenile court. Here the juvenile must meet specific criteria that are supposed to be shown by the judge using a preponderance of the evidence. (Grisso, 2013) Mandatory waivers started in the juvenile justice system. Here the juvenile court judge finds out the probable reason to meet the criteria. Presumptive waiver situation happens when the case falls under specific standards that are similar to that of a mandatory waiver situation. (Saunders, 2013).
Punished for life imprisonment without parole
When one is punished for life imprisonment without parole, then one will live there until death strikes him. No governor in any state has ever issued a clemency for a prisoner who is sentenced to life without parole. (Del Carmen, Ritter, & Witt, 2016)
Given the death penalty
Since death sentence is different and there are no corrections if a mistake is committed, such conviction is entitled to mandatory appeals. Most of the attractions often lead to the reversal of the cases. Example, a sample of 350 such sentences nearly a third of them, were reversed in whole or in part. Juveniles should not be exposed to such judgments. (Del Carmen, Ritter, & Witt, 2016)
Juveniles being treated as adults
Minors are treated as adults in significant cases like murder. There should be enough reasons as to why the case is being handled as an adults' example if a 10-year-old killed his father's girlfriend, there may be no reason as to why the kid should receive charges as an adult depending on the scenario and the reason for doing that. The juvenile court judge should do a thorough investigation as to why that happened. The reason the kid did that would in one way surpass the reason the judge is to treat the kid as an adult. Most kids who live with their father's girlfriends are often harassed, and that could have forced the kid to commit the crime.
Cases involving juveniles must involve enough investigations for judges to confirm guilt
After the confirmation, the judge may push the situation waived to criminal courts by the either of the three waivers discretionary, presumptive, and the mandatory.
References
Merlo, A. V., & Benekos, P. J. (2017). Reaffirming Juvenile Justice: From Gault to Montgomery. Taylor & Francis.
Saunders, K. W. (2013). The Role of Science in the Supreme Court's Limitations on Juvenile Punishment. Tex. Tech L. Rev., 46, 339.
Del Carmen, R. V., Ritter, S. E., & Witt, B. A. (2016). Briefs of leading cases in corrections. Taylor & Francis.
Vollum, S., Del Carmen, R. V., Frantzen, D., San Miguel, C., & Cheeseman, K. (2014). The Death Penalty: Constitutional Issues, Commentaries, and Case Briefs. Routledge.
Howe, S. (2013). The Eighth Amendment as a Warrant Against Undeserved Punishment. Browser Download This Paper.
