Value: Justice 1. Peter's Quotations: Ideas For Our Time, Dr. Laurence J. Peter. cc. 1977. pg. 276 "Fairness is what justice really is." --Justice Potter Stewart Criterion: Aristotle's Theory of Justice 2. If Aff Runs Utilitarianism. JUSTICE, cc. 1986, pgs. 25-26 "Utilitarianism is inadequate as a moral theory in general and as theory of justice in particular for two reasons: (a) it fails to take seriously the value of fairness; and (b) it does not provide an adequate foundation for equal and political liberties." --Allen Buchanan, Professor of Philosophy at the University of Arizona 3. Blaze-On Briefs, Michael W. Blazek, cc. 1999, pg. 142 "Children are not the same as adults-they have unequal natures, stations in life, and abilities." --Michael W. Blazek, Professor of Philosophy at Oklahoma State University Contention One: Juveniles are not Equal to Adults Rape and Suicide American Criminal Law Review, cc. Winter 1998, pg. 27, Summer 1996 "The suicide rate for juveniles incarcerated in adult prisons and jails is eight times higher than for children in juvenile facilities." "Sexual assault is five times more likely for juveniles in prisons as apposed to juvenile facilities." 4. Bad Kids: Race and the Transformation of the Juvenile Court, cc. 1999, pg. 237 "[The court case] Eddings [v. Oklahoma] emphasized that despite the seriousness of crimes committed by youths, they 'deserve less punishment because adolescents may have less capacity to control their conduct and to think in long-range terms than adults." --Barry C. Feld of Bad Kids: Race and the Transformation of the Juvenile Court 5. Journal of Crime Law and Criminology, Fall 1997, pg. 106 "Juveniles possess less ability than adults to make sound judgements or moral distinctions, or to act with the same culpability as adults. Because youths possess less ability than adults to control their impulses or to appreciate the consequences of their acts, they deserve less punishment even when they commit the same criminal harm." --Barry C. Feld in the Journal of Crime Law and Criminology 6. Journal of Crime Law and Criminology, Fall 1997, pgs. 99-100 "Adolescents differ from adults physically and psychologically, and their immaturity affects their judgement. A formal mitigation of punishment based on youthfulness comprises a necessary component of a criminal justice system in order to avoid the equally undesirable alternatives of excessively harsh penalties disproportionate to culpability." --Barry C. Feld in the Journal of Crime Law and Criminology Contention Two: the Juvenile Justice System Best Provides for Justice 7. CQ Researcher, February 25, 1994, Volume 4, No. 8, pg. 178 "Most young people who are arrested in their teens stop committing crime. Either they're frightened by the experience or they simply grow out of it as they settle down, get jobs and start families." --CQ Researcher 8. "Testimony of former Florida Judge Frank A. Orlando before the Senate Judiciary Subcommittee on Juvenile Justice," March 4, 1992, pg. 8 "In Florida, the nation's leader in sending juveniles to adult prisons, juveniles were even more likely to return to a life of crime after their release from adult prisons than the adults." --former Judge Frank A. Orlando 9. CQ Researcher, February 25, 1994, Volume 4, No. 8, pg. 174 "The philosophy that drives the juvenile justice system is that kids in trouble need something more than to be thrown in prison." --Senator Joseph R. Biden Jr. , chairman of the Senate Judiciary Committee Other Crime Rates 10.U.S. News & World Report, November 1, 1999, pg. 42 "New FBI crime stats show that juvenile arrests for serious and violent crimes dropped by 11% from 1997 to 1998--twice the dip for adults." 11.U.S. News & World Report, November 1, 1999, pg. 42 "Since 1994, the number of kids arrested has plummetted: a 48% drop in murder arrests, 29% in robbery, 13% in aggravated assault." Transfers to Adult Court Don't Deter Crime 12.Valparaiso University Law Review, cc. Spring 1997, pg. 411 "Between 1989 and 1993, the number of juvenile offenders transferred increased by 41%, this activity reduced neither fear nor juvenile homicide. Indeed, an analysis of juvenile homicide rates and transfer rates found no apparent corrlation between transfer rates and homicide rates." --Eric C. Lotke, research associate, National Center on Institutions & Alternatives 13.Arkon Law Review, cc. Spring 1996, pg. 489 "The experience of other states indicates that mandatory transfer does not impact violent crime. For example, New York and Florida have had statutory exclusion for many years, and reports indicate that their juvenile crime increase exceeded the national average." --W. Don Reader, Judge of Ohio Court of Appeals Juvenile Recidivism is Higher in Adult Court 14.Utah Law Review, cc. 1997, pg. 738 "Most significantly, three recent large scale studies have found that juveniles tried as adults have greater recidivism rates after release than those tried in juvenile court." --Richard E. Redding, Lecturer in psychology at the University of Virginia 15.University of San Francisco Law Review, cc. Spring, pg. 425-426 "Another effect of the 'get tough' policy with juveniles is that incarceration may actually increase recidivism by some offenders after they return ot their communities. Research suggests that juveniles who are incarcerated with adults may actually become more violent as a reaction to the violence they see regularly in prison." --candace Zierdt, Associate Professor of Law at the University of North Dakota Adult Justice System doesn't Reform 16.Utah Law Review, cc. 1998, pg. 459 "Adult facilities provide far fewer services that advance the young person's social and personal development; this lack of services can only decrease the potential to reform." --Paul R. Rudof, University of Utah Law School 17.The New York Times, "Prosecuting Juveniles as Adults", cc. May 20, 1996, pg. 1 "The chief drawback in sending juveniles to adult prisons is that they are exposed to hardened criminals there and have less access to counseling and job training programs that might prepare them to return to normal life." 18.CQ Researcher, February 25, 1994, Volume 4, No. 8, pg. 176 "Adult prisons usually deprive youths of the rehabilitation programs they likely would receive in a juvenile setting." --Ira M. Schwartz, former head of the Justice Department's Office of Juvenile Justice and Deliquency Chronic Offenders 19.CQ Researcher, February 25, 1994, Volume 4, No. 8, pg. 178 "You get a couple of kids who kill and are remorseless and people say 'Let's treat them all like adults.' What happens is you widen the net and scoop in a lot of other offenders who could be handled adequately in the juvenile system." --Edward J. Loughran, director of the Robert F. Kennedy Memorial Juvenile Justice Project in Boston. 20.CQ Researcher, February 25, 1994, Volume 4, No. 8, pg. 176 "Chronic offenders only 18 percent of the delinquents." --A Philedelphia study of 975 youths ages 10-18 If they have a value of Safety 21.Harvard Civil Rights-Civil Liberties Review, "The Decision to Transfer Juveniles to Adult Court", vol. 30, 199, pg. 528. "Rehabilitation has long been the public safety goal of the juvenile justice system. In addition to addressing the needs of the individual child, rehabilitation promotes public safety by reforming juveniles from a future life of crime. The adult system, in contrast, has abdicated any rehabilitive ideal." --Catherine Guttman On Rawls Theory of Justice 22.Philosophy in Practice, Understanding Value Debate, cc. 1996, pg. 70 "The type of justice that Rawls is concerned with is distributive justice, which concerns how things (money, power, property) ought to be distributed among the members of a society. Rawls is not talking about procedural justice, criminal justice, or any sort of court room related justice; that is simply not his concern. --R. Eric Barnes, Ph. D. in Philosophy and teacher at the University of North Carolina On Locke's Social Contract 23.Second Treatise of Government, pg. 54 "Though I have said above that all men by nature are equal I cannot be supposed to understand all sorts of equality; age or virtue may give a man a just precedency. Children, I confess are not born in this state of equality." --John Locke