Wednesday, September 30, 2009

Should juvenile offenders be tried, sentenced, and jailed as adults? : Commentary by Gaybrielle LeAnn Gant


Gaybrielle LeAnn Gant

Should juvenile offenders be tried, sentenced, and jailed as adults?

In recent news the world learned about the tragic beating death of Derrion Albert. In correlation to the devastating and senseless murder, cell phone footage of the incident has surfaced. The graphic video of the Thursday afternoon violent episode, which took place outside of a high school on the South Side of Chicago, emerged on local news stations over the weekend, and has been broadcasted on many media outlets across the world. The shaky and garbled video footage shows a group of teens viciously kicking and striking 16-year-old Derrion Albert, who was and innocent bystander, walking to a bus stop after being dismissed from school. Albert was inadvertently caught up in the mob of street fighting as he was walking by. Albert, a sophomore honor roll student at Christian Fenger Academy High School with no history of violence or gang affiliation was struck multiple times in the head with splintered railroad ties, he was punched and kicked as well as stomped multiple times by numerous members of the mob, even after he was knocked to the ground. On Monday, murder charges were brought against four Chicago youths who were involved in the violent events that took place last Thursday, which led to the tragic death of Derrion Albert. Prosecutors charged Eugene Bailey, 18, Silvonus Shannon, 19, Eugene Riley, 18, and Eric Carson, 16, all four teenagers from Chicago with fatally beating Albert. Each suspect was charged with first-degree murder, which in Chicago is a minimum of 25 years with possible life sentence.

According to the American Bar association, Juvenile courts usually hear cases involving persons between the ages of ten and eighteen. (The upper age may be lower in some states.) If the prosecution charges an older juvenile with a particularly serious or violent offense, the district or prosecuting attorney may request that an adult court try the juvenile as an adult. In some states, juveniles fourteen or older and charged with serious acts like murder, rape or armed robbery are handled in adult courts unless the judge transfers them to juvenile court.

According to a study done by The Sentencing Project on Juveniles in Adult Prisons, the research found that Juveniles who receive custodial sentences in the criminal court usually serve their sentences in adult prisons and jails. In June 1998, more than 6,500 juveniles were held in adult jails either tried or awaiting trial as adults. The 36 states supplying data to the National Corrections Reporting Program report that, juveniles accounted for 5,600 (2%) of new court commitments to state adult prisons in 1996.9. Of 15,620 youth under the age of 19 serving sentences in adult prisons at the end of 1997, 1,484 were under age 16.

On the topic of Juvenile offenders being tried, sentenced and jailed as adults, Researcher and Journalist Mike Allen claims that “report after report have concluded that trying teens as adults does nothing to deter crime -- and that sending teens to adult prison makes them more likely to become repeat offenders”. While I agree that sentencing a youth offender to a term of punishment to be carried out with adult offenders may continue the devastating cycle of violence in our culture, I do not agree that juvenile offenders should receive a smaller sentence or easier punishment on the basis of the affects of cross imprisonment. Instead I would argue that the justice system of America must evolve to adequately evaluate and implement punishment and reform that is conducive to the development of juvenile offenders. Youth crime in America is becoming an unavoidable circumstance that is poisoning our culture and hindering many of our youth from the ability to pursue fulfilled and successful lives. Just as Derrion Albert was an innocent bystander who loss his life to reckless and senseless acts of violence, our world has lost its viable claim of goodness to acts of hate against humanity.

Something must be done… Not tomorrow and not when the government is adequately over arguing the cases of health care reform, unjust politics and the influx of income made and redistributed illegally and unethically. Our world MUST focus on our youth. TODAY, right now! We are loosing the right to continue to call ourselves ethical and moral beings, when everyday, another youth, another child, when one more innocent life is lost to violence.

So again the question arises, Should juvenile offenders be tried, sentenced, and jailed as adults? I would argue that a Juvenile offender should be charged in compliance to their competency of their actions and in a way that healthily reestablishes the concept of reform in their lives. The death of Derrion Albert is tragic, painful and devastating. The reality that the four youth that killed him, did so without hesitation or regard to his right to life is a moral failure. Not only by them, but also by the entire community of America that continues to reproduce and facilitate the promotion of violence, and crime without hesitation.

It is argued that allowing juvenile offenders to be tried, sentenced, and jailed as adults challenges the morals and ethics of our American culture. However, this argument also challenges the moral and ethical actions of all Americans who continually stand by and allow this epidemic of senseless murder and violence to continue. Who are we as human beings, where is the resilience of compassion that used to exists within our country?

"Apparently, if a teen-ager is locked up with an adult offender, he or she gets more than just a cell mate, the teen gets a role model." according to Vincent Schiraldi, the Department of Youth Rehabilitation Services Director in DC. So I ask, where are our ROLE MODELS who will step forward to redefine the case for our humanity and take back the cause of raising our youth in an environment where murder, gangs, and crime is not their way of life.

The issue of trying juveniles as adults, sentencing them and jailing them involves a range of legal, ethical, developmental, emotional, and pragmatic issues that need to be discussed. Issues that we, as a community MUST face together, outside of blame, regardless of cultural differences or backgrounds, aside from income and educational standards. Trying juveniles as adults calls into question our ability to provide a stable environment of humanity in which they can grow and learn, and reproduce actions of positivity and not destruction.

This is a call for the world’s Role Models…when will you stand up and lead our children…



Should juvenile offenders be tried, sentenced, and jailed as adults? Response by Isis Rose

I really enjoyed your post.


I think the real issue in America is that it is difficult to distinguish children from adults in general. If you look at a sample of American teenagers, chances are, most of them are partaking in "adult" activities--sex, pregnancy, alcohol use, crime, etc. If a teenager or young person is adult enough to participate in adult activities then they should face the consequences of those actions.

It is tragic what happened to Derrion. I think anybody who intentionally takes a life MUST receive the maximum sentence. Arguments that legal patrons make is that children or teens that are tried as adults become repeat offenders or find incarcerated “role models”. If this is true, I agree with Gaybrielle that more programs need to be implemented for young people in order to prevent crime in the first place. We need to establish stronger communities where young people won’t have to resort to violence and crime and take the higher road the way Derrion did.

Also, I believe 18 and 19 are appropriate ages to consider someone an adult, especially for capital crimes. Homocide, grand theft, rape, are examples of crimes for which I strongly believe 18 and 19 year olds should be tried as adults. If the African American community does not like the idea of our young men incarcerated and tried as an adult at 18 or 19, it’s time for us to start making some real changes in our communities.

On the other hand, youth under the age of 16 should be tried in juvenile courts but serve the same amount of time as they would in an adult prison if they commit a capital crime.

Gaybrielle is right. We HAVE failed as a country. This crime against an innocent teenager is not an isolated incident. Chicago has lost hundreds of young people in just a couple of years to violence. At Spelman, we just lost a student to senseless violence. Whether or not the young perpetrator is tried as an adult, ultimately it is not the legal system that is going to uplift our youth. We cannot expect the government or the media or Barack Obama to eradicate the violence that has been plaguing our communities for decades. It is time for us to hold each other accountable, take back our neighborhoods, and not feel helpless against young terrorism.

18 comments:

Verge'N said...

This was an excellent story to talk discuss, due to the relevance of it and the topic. I do agreet that it is our responsibility to be the role models and I also agree that they should be charged as adults, but only according to their crime. The fact that they beaten by teens so senseless is a tragedy to this society. After watching the video, I am convinced that this is something that has to be taken care of. This is a cry for help in our communities all around!

Verge'N said...

I agree that juveniles should be trialed as adults when it comes to more serious acts like murder. These juveniles were well aware of their actions and should get the highest punishment. More than likely they probably planned this act. These individuals were older ages from 16 to 18. They are of the age to know right from wrong and to understand the law. They should definately be punished for this heinous crime.

--shanika

Anonymous said...

APALLING!!!! I was very disappointed and shocked as I watched that video of those boys beating young Derrion Albert to death. Usually, I would say that those boys involved in the beating need to be punished as a juvenile. But after witnessing the ruthless act, I think that they deserve whatever is coming to them. To make matters worse, there was a boy video taping the fight instead of helping. Not one single person tried to break it up or get help. It's sad that those boys had nothing better to do than to attack an innocent bystander.

It is very depressing to know that Derrion Albert's family can watch what happen to their loved one over and over again via youtube. The death of their son advertised all over the internet. Imagine if that was your loved one how would you feel?

Alot of these young men are very impulsive and do not think of the consequences of their actions. I'm sure they regret beating the boy to death but it is TOO LATE now.

Where were the police? Why did the fight go on for so long? Why did they have to beat that boy so bad? Why were people just standing around watching like it was a television show? These are some questions that we really need to think about...

ugh, I am extremely disturbed and I agree with Gaybrielle's argument. We DEFIANTLY need role models for these troubled young men that feel like they need to go attack others to make themselves feel better.

-Sasha D. Mills

Verge'N said...

APALLING!!!! I was very disappointed and shocked as I watched that video of those boys beating young Derrion Albert to death. Usually, I would say that those boys involved in the beating need to be punished as a juvenile. But after witnessing the ruthless act, I think that they deserve whatever is coming to them. To make matters worse, there was a boy video taping the fight instead of helping. Not one single person tried to break it up or get help. It's sad that those boys had nothing better to do than to attack an innocent bystander.

It is very depressing to know that Derrion Albert's family can watch what happen to their loved one over and over again via youtube. The death of their son advertised all over the internet. Imagine if that was your loved one how would you feel?

Alot of these young men are very impulsive and do not think of the consequences of their actions. I'm sure they regret beating the boy to death but it is TOO LATE now.

Where were the police? Why did the fight go on for so long? Why did they have to beat that boy so bad? Why were people just standing around watching like it was a television show? These are some questions that we really need to think about...

ugh, I am extremely disturbed and I agree with Gaybrielle's argument. We DEFIANTLY need role models for these troubled young men that feel like they need to go attack others to make themselves feel better.

-Sasha D. Mills

Jasmine said...

After viewing the video and reading your argument I really don't know what to say first. This is ridiculous! I lost a brother to violence very similar to this. This is a very touchy subject for me so I'm just going to stick to the format of the argument.

It was a very strong argument. You provided stats and expert opinions to prove you argument. Vincent Schiraldi's opinion really added to your point. The fact that you chose a subject that most, if not all, would feel for would definitely win in any debate or court case.

-Jasmine S.

J. Kearse said...

I agree in the sense that juveniles should be tried as adults considering their actions. In this case it is blatantly obvious that all of these individuals should be tried as adults. When acts like this take place it becomes apparent that there is some immoral and/or lack of structure in these children’s lives. Although, I do not believe that the prison system reforms anyone whether it is adults or children, I still believe that there is a need for certain juveniles to receive adult sentences. If they are “big and bad enough” to participate in the crime than they need to receives punishments that reflect their outrageous actions.

bnelson4 said...

I believe children who commit heinous crimes should be tried as adults and held in adult prisons. Even though the affects of adult imprisonment could create more crime, that fact should not take away from criminals being charged with the appropriate sentence. There should be more programs that prevent criminals from making repeat offenses once released. This is a great argument and you structured it very well with the statistics and using a story that is very relevant.

BriElla Nelson

Verge'N said...

I fully agree! Juveniles who have committed crimes such as first degree murder and are at the border line age definitely need to be tried as adults. As people, they have reached the age where they should understand and know the consequences of their actions, especially one such as murder. Derrion was an innocent bystander that got caught in the madness and for the sake of his life, his family deserves justice.

A.Calloway

Unknown said...

I watch the Darrion Albert video and was so disgusted that I could not finish it. I believe that those teens should definitely be charged as adults. The way they killed Darrion was heinous, outrageous, and worthy of a life sentence. The killers knew what they were doing and continued to strike him repeatedly after he was down. The statistics that you used were very interesting. For acts like this, I believe that trying minors as adults are warranted, however, I think that we should wait until the criminal is over 18 to move him or her into an adult prison. I was surprised to learn that there are over one thousand people under the age of 16 that are serving time in adult prisons. There is something unsettling and wrong to me to jail a 15 year old child alongside 40 year-old men. I don't think the sentence should be any shorter for minors that commit horrible crimes, but we should make sure that the criminal is emotional and physically able to handle themelves alongside grown prisoners. We should take into account the way minors come to look up to the older criminals they are housed with and realize how that could cause further destruction to society. Gaybrielle's claim of value definitely tapped into my moral convictions. She did a great job.

Verge'N said...

I agree with you completely and believe that Juveniles should be tried as adults. I also think that there needs to be some threshold set in place as a reference as to what age or crime should be viewed as adult matters. I don’t think that a ten year old, even if charged for the same heinous crime as the four juveniles in this Albert case, should be sentenced to the same amount of time nor the same type of restrictive institutions (prison). The juvenile justice system does need to be reconstructed or revised. It is obvious that our current system is lack in many areas. No one should be given a slap on the wrist, everyone should be held accountable for their actions and most of the times those action are referred to as ADULT actions.

Ashley R. Jones said...

I feel that juveniles should be tried as adults dependent on the crime AND their competency. I feel this way because if you are conciously aware of what you are doing and you know that what you are doing is wrong you should be tried as an adult no questions asked. In this case, the young men who were involved in the fight may not have intended to kill Derrion Albert, but they knew that beating people with railroad ties could have detrimental and fatal consequences. I feel that the Juvenile Justice System should be reformed to set a standard for crimes such as this once regardless of the state in which in you live.

nia denise said...

I watched the video of Derrion Albert and I have to state with the up most seriousness, that I am appalled and nauseated at the actions that occurred. How could these young men really beat this child to death? It wasn’t a clear shot from a bullet; it was an intimate vicious killing. All these men should be charged as adults. There was no hesitation from any of them. They all seemed to enjoy the actions and know what they were doing. There was no reason for this kind of violence. We need to put these young men in grownup prisons. You do grownup crimes; you do grownup time, with grownups. Yes, there are bad influences; however I would seek some rehabilitation programs within the prison. Prison once was about rehabilitation, but now it has become about punishment and that’s it. We need to educate the youths in jail, but they need to understand the consequences of their actions. Juvenile jail should be left for the runaways, drug dealers and users, and robbers: Non-violent crimes. However, when you can take a life, I do not believe the justice system should baby you and treat you like a child. We all learn from toddler ages that you do not push people, you not hurt people, and you do not kill people. There are no excuses.

Jasmine said...

Gaybrielle, wonderful argument! This is a very touchy subject. I lost a brother to something very similar to this. Due to the subject I will only touch basis of the structure of the argument.

This was a very very strong argument. You provided stats and expert opinions to prove your case. By adding quotes from Vincent Schiraldi, the Department of Youth Rehabilitation Services Director in DC and Journalist Mike Allen really strengthen your argument. I believe that because you picked a topic that most, if not all, people would agree would definitely win any debate or court case. This argument definitely tapped into your audiences' heart. Lastly, I 100% agree that especially in this case, these juveniles should be tried as adults.

-Jasmine S.

Verge'N said...

Ms. Gant, First off I want to say how I love the topic you picked and how you decided to incorporate a recent current event into your argument. With analyzing the structure of your argument, it was very helpful to your argument to include background information and statistics. By providing statistics such as the one's listed in your blog, it heightens the urgency of the situation at hand. Aside from background and statistical evidence that aided to your argument,you used voice of an expert and you gave your opinion in a concise manner. Your argument was well structured overall. I fell that you could have elaborated more on your opinion and maybe suggested specific programs or other community aid a like that would solve this issue. By doing this, you are revealing a problem, and presenting a solution which could only aid to your argument.

By: Raavin R Evans

Verge'N said...
This comment has been removed by the author.
Verge'N said...

I must say this was a well thought out argument. You have mastered the art of validity and incorporating current events into your argument to make it that much more relevant. I too feel that we as young adults should act as role models to encourage out youth to perform in a more respectable way. It is not solely our fault for the way that they act but as you said we can do more to help. I think juvenile offenders should be tried as adults because the crime rate has gone up tremendously, and with that so has the information about crime, news casts etc. Therefore, nobody is ill informed. Juveniles know what they are doing, so to take another and get tried for it should not just be left to those over the age of 21, anyone who shows clear sense of understanding should be tried. Period. This issue and so many like is just brings tears to my eyes and I kid you not, I wish I could do more about it!
-Sascha

Verge'N said...

I must say this was a well thought out argument. You have mastered the art of validity and incorporating current events into your argument to make it that much more relevant. I too feel that we as young adults should act as role models to encourage out youth to perform in a more respectable way. It is not solely our fault for the way that they act but as you said we can do more to help. I think juvenile offenders should be tried as adults because the crime rate has gone up tremendously, and with that so has the information about crime, news casts etc. Therefore, nobody is ill informed. Juveniles know what they are doing, so to take another and get tried for it should not just be left to those over the age of 21, anyone who shows clear sense of understanding should be tried. Period. This issue and so many like is just brings tears to my eyes and I kid you not, I wish I could do more about it!

Verge'N said...

I must say this was a well thought out argument. You have mastered the art of validity and incorporating current events into your argument to make it that much more relevant. I too feel that we as young adults should act as role models to encourage out youth to perform in a more respectable way. It is not solely our fault for the way that they act but as you said we can do more to help. I think juvenile offenders should be tried as adults because the crime rate has gone up tremendously, and with that so has the information about crime, news casts etc. Therefore, nobody is ill informed. Juveniles know what they are doing, so to take another and get tried for it should not just be left to those over the age of 21, anyone who shows clear sense of understanding should be tried. Period. This issue and so many like is just brings tears to my eyes and I kid you not, I wish I could do more about it!