They Grow Up So Fast

Maia Egnal

Red Rotation

March 16, 2019

 For a country that has long championed justice and liberty, the American legal system

has constantly failed minors by allowing them to be tried as adults and, at times, incarcerated in

adult prisons. Each individual state has different laws speaking to which juvenile cases should

and can be tried as adult cases as well as the age that a defendant can be treated like an adult.

Almost every state, however, has laws in place that allow for minors to be tried as adults (“When

Are Juveniles Tried as Adults?”). Being tried as an adult means that a minor will be treated as an

adult under the law. They can receive the same punishments as an adult, including life in jail.

Throughout most recent years, an average of 250,000 juveniles in America are tried, sentenced,

or incarcerated as adults (Curley). While many states have some kind of minimum age before a

child can be punished as an adult, some states, like Pennsylvania, have no lower age limit when

it comes to cases such as murder. In 1992, a 9-year-old child was tried as an adult murderer in an

adult court. In a 2010 case, a 11-year-old child was going to be tried as an adult but his lawyer

successfully argued for the case to be moved to the juvenile system (Schwartz). Studies have

repeatedly shown that the mind is not fully developed until the mid-twenties (“Children tried as

adults”). As Robert Schwartz states, “​This is common sense. An 11-year-old is not an adult and

should never be treated like one.” The United States Congress should pass a law that does not

allow for minors to be tried as adults. Trying juveniles as adults puts the juveniles in extreme

danger from other adult inmates, gives them less chance to be rehabilitated, and makes them

more likely to end up in jail again.

Children who are placed in adult jails or prisons are constantly in extreme danger of

receiving physical punishments, facing threats of violence, and risking sexual assault. At a young

age, minors have still not completely learned how to manage their mental health correctly. As
Equal Justice Initiative writes, “They often act impulsively, recklessly, and irresponsibly. In an

adult jail or prison, this behavior results in more aggressive punishment, which can worsen a

child’s mental health problems” (“Children in Adult Prisons”). Additionally, while in prison,

many of these young minors witness and are constantly threatened with stabbings. One

16-year-old currently housed in an adult Alabama jail says that he has seen over 30 stabbings in

the little more than one year he has spent behind bars (“Children tried as adults”). But worse

even than the threat of physical assaults is the constant threat of sexual abuse. About 10% of

youth in juvenile detention facilities have reported being sexually assaulted by other juvenile

offenders or staff at the facility (Ahlin). The minors in adult prisons are five times more likely to

be sexually assaulted while serving their time than their counterparts incarcerated in juvenile

centers (“Children in Adult Prisons”). Even though this number alone is shocking, sexual abuse

of minors held in adult prisons is wildly underreported “due to the imbalance of power between

children and adults, not to mention between children and prison staff” (Lahey). In many prisons,

the constant threats from far older adults is too much for the children and they submit to the

constant abuse (“Children tried as adults”). Minors in prisons face constant and extreme danger

while they serve their time.

Minors who do their time in adult lock-ups, as opposed to juvenile centers, are not given

the same chance to rehabilitate. In the adult system, there is no emphasis placed on rehabilitation.

H. L Kirkpatrick III, a circuit court judge in Raleigh County, West Virginia stated, “‘Our

juvenile justice system has been developed to protect and rehabilitate children—not to punish

them’” (Holdren). This goes to show that, in juvenile detention centers, a strong emphasis is

placed on rehabilitation and preparing the children for a life without crime when they get back
into the world. The juvenile justice system is designed for kids. At Gene Spadaro Juvenile

Center, a juvenile justice center in West Virginia, there is an on-ground school that operates

year-round. Each child at this facility is tested to assess his or her mental health and a specialized

plan is developed for each kid (Holdren). No such emphasis is placed on rehabilitation in adult

prisons (Daugherty). As explained by Etienne Benson of the American Psychological

Association, adults rehabilitation is often cast-off with a pessimistic “nothing will work”

strategy. Up until the 1970’s, rehabilitation was a massive part of the American criminal justice

system but this approach faded in favor of cracking down on crime, an approach that prioritizes

punishments instead. In addition, while between 15-20% of people in the adult criminal system

have mental illnesses, prisons are simply not equipped to handle the mental illnesses that are

both prevalent in the adults and the minors in the adult justice system (Benson). This means that

all of the youth in the adult systems have less access to any of the rehabilitation that minors in

the juvenile system benefit from. The shame in this is that since the last part of the brain to

develop is the part controlling rational decision making, children, more than anyone, can be

rehabilitated and changed. As the Southern Poverty Law Center states, “Children have a unique

propensity for rehabilitation” (“Children tried as adults”). Young offenders have the potential to

live normal lives after they are released if they are given the proper rehabilitation during their

incarceration.

This lack of rehabilitation causes a high rate of recidivism for juveniles housed in adult

prisons. ​In fact, minors in adult lock-ups are 34 percent more likely to recidivate than their

counterparts in juvenile centers, who almost certainly received sufficient rehabilitation

(“Children Tried as Adults”). ​On top of this, juveniles who recidivate often face extreme
consequences. In 31 states, there is something called the “once an adult, always an adult” law,

which means that if a minor was tried as an adult and convicted once, they will be tried as an

adult for the rest of their childhood, no matter the severity of their offences (“When Are

Juveniles Tried as Adults?”). This means that “Under ‘once an adult/ always an adult’

provisions, if a juvenile originated in or was transferred to criminal court he or she is forever

after excluded from juvenile court jurisdiction” (Szymanski 1). Adding to the injustice of this

law, a criminal record makes it incredibly hard for anyone to find a job (“Children tried as

adults”). While juvenile delinquents are released with a juvenile delinquency record, these

records are not quite as publicly accessible as criminal records (Radice 365). Since minors in

adult jails are both not given the proper reeducation they so desperately require and are also

released with a criminal record to​ boot, “society is essentially setting them up to fail, and priming

them for recidivism” (Lahey). Putting a child in an adult prison rather than a juvenile center is

simply setting them up for failure.

Some will argue that the severity of the punishments will prevent juveniles from

committing such terrible crimes. These people argue that putting kids into adult prisons is right

and that if kids are treated without proper force, they will not be deterred from committing

crimes. This is, however, untrue. Between 1990 and 2010, the number of youth held in adult jails

went up by an astounding 230% (Curley). This statistic shows that, even though kids knew the

punishment if they acted out of line, they still committed a crime. The threat of adult jails does

not stop crime. Putting children in adult jails means that instead of being rehabilitated, they will

just be doomed to a life of reincarceration. Another common argument is that an adult crime

deserves an adult punishment – that no one with a child’s brain could commit a murder. The
problem with this argument lies in the fact that no child’s brain is fully developed enough to

fully comprehend what they are doing. In a study, researchers from the ​MacArthur Foundation

Research Network on Adolescent Development and Juvenile Justice ​found that teenagers are

simply less responsible for their actions than adults. In short, “​The researchers found what many

of us were trying to say years earlier about Cameron Kocher: that at the age of 9, he simply

couldn't process information and plan a crime like an adult” (Schwartz).

While it is obviously important to change these laws that allow children to be tried as

adults, what can be done? The Supreme Court has already begun to chip away at these laws. In

2005, ​Roper v Simmons​ established that no child under 18 could be sentenced to death. Five

years later, ​Graham v Florida​ established that no child could be given life without parole for

crimes that did not result in a death (“Research Network”). Many states have passed laws

increasing the minimum age when a minor can be tried as an adult . While these are amazing

triumphs, they vary by the state. Pennsylvania and a number of other states still can try 9

year-olds as adults. Quite simply, Congress needs to pass a federal law stating that no youth

under 18 should be allowed to be tried as an adult. Leaving this decision up to the states causes

inconsistencies between states and does not abolish the problem. Even children who are serving

adult time should be held in juvenile centers until they age out of them and then are moved over

to adult jails. While this may be done in some states, it must be a standard across all 50 states.

No minor should be left to fend off grown adults in an adult prison.

The consequences of ignoring this current situation are unthinkable. While it is easy to

ignore those that are locked away, a truly just country could not stand by while it’s children are

punished as adults. Up until 14 years ago, it was possible to give a child the death sentence!
Children who are locked away with adults recidivate at higher rates than the already incredibly

high recidivism rates of normal juveniles. The majority of these minors who are imprisoned in

adult facilities never got the chance to control their mental illness and many pay the price – these

children inmates are 36 times more likely to commit suicide than if they had been placed in

juvenile detention centers (“Children tried as adults”). Every child serving time in the adult

criminal justice system is a child that America’s sense of justice and liberty has failed.
 Works Cited

Ahlin, Eileen M. "Ending sexual assault in youth detention centers." ​The Conversation​, 8 May

2018, theconversation.com/ending-sexual-assault-in-youth-detention-centers-92336.

Accessed 24 Mar. 2019.

Benson, Etienne. "Rehabilitate or punish?" ​American Psychological Association,​ July-Aug.

2003, www.apa.org/monitor/julaug03/rehab. Accessed 23 Mar. 2019.

"Children in Adult Prisons." ​Equal Justice Initiative,​

eji.org/children-prison/children-adult-prisons. Accessed 18 Feb. 2019.

"Children tried as adults face danger, less chance for rehabilitation." ​Southern Poverty Law

Center,​ 30 Oct. 2014, ​www.splcenter.org/news/2014/10/30/children-tried-adults-face

-danger-less-chance-rehabilitation. Accessed 18 Feb. 2019.

Curley, Caitlin. "Juveniles Tried As Adults: What Happens When Children Go to Prison."

GenFKD,​ 11 Nov. 2016, ​www.genfkd.org/juveniles-tried-adults-happens-children

-go-prison. Accessed 23 Mar. 2019.

Daugherty, Carmen. "No One Younger Than 18 Should Be Tried as an Adult." ​The New York

Times,​ 14 Dec. 2015, ​www.nytimes.com/roomfordebate/2015/12/14/what-age-

should-young-criminals-be-tried-as-adults/no-one-younger-than-18-should-be-tried-as-an

-
 adult. Accessed 18 Feb. 2019.

Holdren, Wendy. "For juvenile offenders, it's all about rehab, not punishment."

CorrectionsOne.com​, 22 Feb. 2015, www.correctionsone.com/juvenile-offenders/articles

/8323472-For-juvenile-offenders-its-all-about-rehab-not-punishment/. Accessed 23 Mar.

2019.

Lahey, Jessica. "The Steep Costs of Keeping Juveniles in Adult Prisons." ​The Atlantic​, 8 Jan.

2016,www.theatlantic.com/education/archive/2016/01/the-cost-of-keeping-juveniles-in-a

dult-prisons/423201/. Accessed 18 Feb. 2019.

"Research Network on Adolescent Development & Juvenile Justice." ​MacArthur Foundation,​

www.macfound.org/networks/research-network-on-adolescent-development-juvenil/.

Accessed 23 Mar. 2019.

Schwartz, Robert. "Kids should never be tried as adults." ​CNN,​ 18 Feb. 2010,

www.cnn.com/2010/OPINION/02/18/schwartz.kids.trials/index.html. Accessed 18 Feb.

2019.

Szymanski, L. (1998) Once an Adult/Always an Adult. NCJJ Snapshot, 3(7). Pittsburgh, PA:

National Center for Juvenile Justice.

"When Are Juveniles Tried as Adults." ​LegalMatch​, www.legalmatch.com/law-library/

article/when-are-juveniles-tried-as-adults.html. Accessed 23 Mar. 2019.

 Annotated Bibliography

Ahlin, Eileen M. "Ending sexual assault in youth detention centers." ​The Conversation​, 8 May

2018, theconversation.com/ending-sexual-assault-in-youth-detention-centers-92336.

Accessed 24 Mar. 2019. This source helped me to understand the rates of sexual assault

in normal prisons so I could fully understand how prevalent rape of minors is in adult

facilities. This source also gave me important figures about the rates of rape in juvenile

detention centers.

Benson, Etienne. "Rehabilitate or punish?" ​American Psychological Association,​ July-Aug.

2003, www.apa.org/monitor/julaug03/rehab. Accessed 23 Mar. 2019. This source gave

me important information about the lack of focus placed in rehabilitation in the adult

criminal justice system

"Children in Adult Prisons." ​Equal Justice Initiative,​

eji.org/children-prison/children-adult-prisons. Accessed 18 Feb. 2019. This gave me

important information about the danger of sexual assault to minors in adult prisons. It

also gave me facts about the other physical dangers that minors face from their adult

peers in prison.
"Children tried as adults face danger, less chance for rehabilitation." ​Southern Poverty Law

Center,​ 30 Oct. 2014,

www.splcenter.org/news/2014/10/30/children-tried-adults-face-danger-less-chance-rehab

ilitation. Accessed 18 Feb. 2019. This article gave me important statistics about minors in

the adult criminal system as well as gave me important information about danger inside

of the jails.

Curley, Caitlin. "Juveniles Tried As Adults: What Happens When Children Go to Prison."

GenFKD,​ 11 Nov. 2016,

www.genfkd.org/juveniles-tried-adults-happens-children-go-prison. Accessed 23 Mar.

2019. This source gave me important statistics about the dramatic increase of kids held in

the adult criminal system. It also helped fill in some of the background information that I

needed to fully understand the magnitude of my topic.

Daugherty, Carmen. "No One Younger Than 18 Should Be Tried as an Adult." ​The New York

Times,​ 14 Dec. 2015,

www.nytimes.com/roomfordebate/2015/12/14/what-age-should-young-criminals-be-tried

-as-adults/no-one-younger-than-18-should-be-tried-as-an-adult. Accessed 18 Feb. 2019.

This article gave me information about the differences between the juvenile prisons and

the adult prisons when it comes to the emphasis on rehabilitation. It also gave me

information about the dangers prisons can possess for minors in the adult criminal

system.

Holdren, Wendy. "For juvenile offenders, it's all about rehab, not punishment."

CorrectionsOne.com​, 22 Feb. 2015,

 www.correctionsone.com/juvenile-offenders/articles/8323472-For-juvenile-offenders-its-

all-about-rehab-not-punishment/. Accessed 23 Mar. 2019. This article gave me priceless

information about the rehabilitative focus that juvenile centers have. This source also

helped me understand the stark differences between JV and adult prisons.

Lahey, Jessica. "The Steep Costs of Keeping Juveniles in Adult Prisons." ​The Atlantic​, 8 Jan.

2016,

www.theatlantic.com/education/archive/2016/01/the-cost-of-keeping-juveniles-in-adult-p

risons/423201/. Accessed 18 Feb. 2019. This article mainly focused on sexual assault of

minors in adult prisons. It also talks about why minors that are placed in adult prisons are

more likely to reoffend then their peers put in juvenile prisons.

"Research Network on Adolescent Development & Juvenile Justice." ​MacArthur Foundation,​

www.macfound.org/networks/research-network-on-adolescent-development-juvenil/.

Accessed 23 Mar. 2019. This source gave me important information about the studies

proving that children are less easily blamed for their actions as well as giving me

information about the Supreme Court cases that have been influential in the past couple

decades.

Schwartz, Robert. "Kids should never be tried as adults." ​CNN,​ 18 Feb. 2010,

www.cnn.com/2010/OPINION/02/18/schwartz.kids.trials/index.html. Accessed 18 Feb.

2019. This article gave me information about specific cases when minors have been tried

as adults as well as told me about studies that have been done that show that kids brains

do not fully develop until they are in their mid-twenties.

Szymanski, L. (1998) Once an Adult/Always an Adult. NCJJ Snapshot, 3(7). Pittsburgh, PA:

National Center for Juvenile Justice. This source gave me important information about

the "once an adult, always an adult" rule that stand in 31 states. It clarified a lot of

information that many sources had left unclear, such as whether or not a child had to be

convicted to be eligible for this rule.

"When Are Juveniles Tried as Adults." ​LegalMatch​,

www.legalmatch.com/law-library/article/when-are-juveniles-tried-as-adults.html.

Accessed 23 Mar. 2019. This article gave me important background information on what

cases can entitle states to try children as adults. It also gave me important information

about the differences of legislation between different states.