VALUE: JUSTICE 1.Justice, cc. 1986, pg. 154 "Justice is usually said to exist when people receive what they are due." --Lita Furby CRITERIA: MILL'S THEORY OF UTILITY 2.A History of Philosophy, cc. 1974, pg. 10 "It is utilitarianism alone which can provide an objective criterion of right and wrong." --Frederick Copleston, Professor of Philosophy CONTENTION ONE: VIOLENT JUVENILES OUGHT TO BE TREATED AS ADULTS IN THE CRIMINAL JUSTICE SYSTEM. Know Violent Crimes are Bad/Adult Decisions 3.Journal of Law & Criminology, cc. Fall 1997, pgs. 16-57 "Adolescent criminal conduct for the most part involves the intentional infliction of harm; the offender intentionally killed, inflicted grievous bodily harm; the offender intentionally killed, inflicted grievous bodily harm, raped, stole, destroyed, or burned." --Stephen J. Morse, Professor of Law and Psychology at the University of Pennsylvania 4.Journal of Law & Criminology, cc. Fall 1997, pgs. 16-57 "Many able scholars have reviewed the literature concerning potential legally relevant differences between adolescents and adults. In brief, the literature indicates that the formal reasoning ability and the level of cognitive moral development of mid-adolescents differs little from adults." --Stephen J. Morse, Professor of Law and Psychology at the University of Pennsylvania CONTENTION TWO: THE JUVENILE JUSTICE SYSTEM DOES NOT PROVIDE JUSTICE OR WHAT IS BEST FOR SOCIETY(NOT INTENDED FOR VIOLENT, LACK OF INFORMATION, LETS JUVENILES OFF TOO EASY) JJS not Intended for Violent Juvenile Offenders 5.CQ Researcher, cc. February 25, 1994, Volume 4, No. 8, pg. 171 "We have continued to see in our 15-to-19 year-old male population an escalation from the kinds of petty offenses they were committing a decade ago to serious violent offenses that today's [outdated] children's code cannot address in any way." --Colorado State Representative Jeanne Adkins 6.CQ Researcher, cc. February 25, 1994, Volume 4, No. 8, pgs. 173-174 "The violent crime clearly has increased, and the accessibility of handguns has changed the way kids are reacting. I'm not sure any of the [juvenile corrections] systems were geared up for it." --Russ Van Vleet, headed Utah's youth corrections from 1978 to 1987. Lack of Information 7.CQ Researcher, cc. February 25, 1994, Volume 4, No. 8, pgs. 173-174 In New York, 15-year-old Shaul Linyear, was arrested for the murder and attempted robbery of a delivery man. Prosecutors were originally unaware that he had been charged two months earlier for putting a loaded gun to another mans head. 8.CQ Researcher, cc. February 25, 1994, Volume 4, No. 8, pgs. 173-174 "The existence of separate record-keeping systems for the juvenile and adult courts means that criminal judges may not be aware of an offender's prior juvenile record in the first place-or have easy access to it, experts around the country say." --Sarah Glazer of "Juvenile Justice" in CQ Researcher 9.CQ Researcher, cc. February 25, 1994, Volume 4, No. 8, pg. 173 "At the present time, we are grappling with a situation in which these juveniles leave no record, leave no fingerprints. They can shoot someone with impunity at 14 years of age... and do not have ot account for their actions." --Democratic U.S. Senator Carol Moseley-Braun Juveniles get off too easy 10.Utah Law Review, cc. 1997, pg. 739 "A U.S. Department of Justice Study found that ... of violent juvenile offenders ... juvenile courts incarcerated only twenty-four percent." --Richard E. Redding, Lecturer in Psychology at the University of Virginia 11.Criminal Justice and Behavior, March 1990, pg. 116 "The results show that most of the youths who were charged with violent crimes and whose cases were processed in adult court received harsher punishments then comparable youths processed in juvenile court." --Jeffrey Fagan, Professor of Rutgers University CONTENTION THREE: TREATING JUVENILES AS ADULTS WILL PROVIDE FOR JUSTICE FOR SOCIETY(NECESSARY TO CURB CRIME, SEND MESSAGE, DETER YOUTH CRIME) Necessary to Curb 12.Arkon Law Review, Spring 1996, pg. 473 "From 1985 to 1993 arrest rates for juveniles charged with murder, rape, robbery and assault rose in every state except Vermont, and doubled in eighteen states." --Judith L. Hunter, Clerk of Courts for Arkon Municipal Court 13.Utah Law Review, cc. 1997, pg. 711 "In 1994, over a million youths . . . were arrested for the eight serious "index crimes," and almost three thousand were arrested for murder, a 150% since 1985." --Richard E. Redding, Lecturer in Pyschology, University of Virginia 14.Brown University Child and Adolescent Behavior Letter, cc. September 1, 1995, pg. 6 "Juveniles were responsible for about one in five violent crimes in 1991." --Lewis Lipsitt Sending the Message 15.CQ Researcher, cc. February 25, 1994, Volume 4, No. 8, pgs. 173-174 "The goal has to be; to protect society and make it clear to [young offenders] that society is not going to tolerate this behavior by ignoring it or winking at it." --James Q. Wilson, an authority on criminal justice at UCLA 16.Journal of Law and Criminology, cc. Fall 1997, pg. 16-57 "Moreover, recent research suggests that adolescents respond to the incentive structure of the juvenile and criminal law much like adults." --Stephen J. Morse, Professor of Law & Psychology at the University of Pennsylvania Adult Sentincing Deters Recidism rates are only based on non-violent juvenile offenders 142. CQ Researcher, cc. February 25, 1994, Volume 4, No. 8, pgs. 173-174 "The majority of juveniles transferred to adult courts are typically chronic, petty, property offenders sent there by judges often fed up with seeing them returning time and time again. They are not the violent criminals the public has in mind." --Mr. Champion, Chairs the Criminal Justice Department at Minot State U 169. Boston College Law Review, cc. July 1994, pg. 901 "A recent federal study of juvenile courts concluded that less than one-third of the juveniles accused of violent acts actually remain in custody; and even those who are enrolled in the best rehabilitation programs available are likely to resume their criminal paths. One estimate places the typical juvenile recidivism rate at seventy percent or higher." 17.Journal of Political Economy, cc. December 1998, pg. 1156 "States in which juvenile punishments are lenient relative to adult punishments see much greater declines (or smaller increases) in crime as a cohort passes to the adult court." --Steven D. Levitt, University of Chicago 18.Insight on the News, June 7, 1999, pg. 24 "In a recent study by economist Steve Levitt of the University of Chicago, Levitt used state data from 1978 to 1993 and found that most of the rise in juvenile crime has been a response to softer and softer treatment of young criminals. The drop in criminal activity at the age of majority is the largest in states where the juvenile system is lenient and the adult system is tough." --Morgan Reynolds, Professor of Economics at Texas A&M University OTHER: CHRONIC OFFENDERS: 19.Minnesota Law Review, cc. May 1995, pg. 1058 "If a youth becomes a chronic offfender there is a substantial probability that the youth will continue to engage in delinquency and crime." --Barry C. Feld REHABILITATION: 20.FBI Law Enforcement Bulletin, cc. April 1999, pgs. 6-10 "In short the current juvenile justice system does little to rehabilitate or deter young offenders from a life of crime. This lack of success has frustrated the public to the point where long-term incarceration appears to be the only solution."--John R. Schafer 21.Crime and Criminals, cc. 1984, pg. 53 "None of the numerous approaches to rehabilitation tested during the preceding decade was found to produce consistently significant reductions in recidiscism rates, particularly for the most serious offenders." --Peter W. Greenwood Equal Rights: 22.Wake Forest Law Review, cc. Fall 1998, pg. 711 "It is absurd to think that one must be mature enough to drive carefully, to drink responsibly, or to vote intelligently in order to be mature enough to understand that murdering abother human being is profoundly wrong, and to conform one's conduct to that most minimal of all civilized standards." --Justice Scalia in Stanford v. Kentucky Peer Pressure: 23.Journal of Law & Criminology, Fall 1997, pg. 16-57 "Most adolescents surely retain the general nomative competence to understand and be guided by the reasons that killing, raping, burning, stealing, and so on are wrong, even when the pressure of peers motivates them to ignore or to underweight these reasons." --Stephen J. Morse, Professor of Law and Psychology at the University of Pennsylvania Immature Adults no Pardoned 24.Journal of Law & Criminology, Fall 1997, pg. 16-57 "A regrettable number of adults are immature and have dreadful judgement. Yet we do not excuse that minority of adults. Why, therefore, should adolescents be treated differently?" --Stephen J. Morse, Professor of Law and Psychology at the University of Pennsylvania 25.Journal of Law & Criminology, cc. Fall 1997, pgs. 16-57 "I find it hard to understand why adolescents and similar adults should not be treated morally alike. If we believe that all adults who possess the usually distinguishing adolescent characteristics can fairly be held accountable, and thus permit no individualized mitigating or excusing claims, I see no good reason why mid- to late-adolescents as a class should be held less accountable on the basis of these characteristics." --Stephen J. Morse, Professor of Law and Psychology at the University of Pennsylvania