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Connor DeSpain
Ms. Leah Sandlin
English 104
12 February 2015
Comparative Analysis:
Juvenile Offenders: Should they be tried as adults in a court of law?
In Texas, a child 14 or older, and has committed a felony level crime, can be tried and
punished as an adult (Deitch). This has sparked the question about which penalties are most
effective in correcting behavior, and keeping society safe and peaceful. On one hand, trying
child as an adult can be a good deterrent to crime. However, one cannot overlook the fact that a
felony would haunt a child for their entire life if they are tried as an adult. At this day and time, a
child can be tried as an adult if their crimes are seen as bad enough. The best option is a
compromise, where violent offenders are the only children that can be transferred to the adult
system. This way the criminals that can hurt other members of society can be kept on a tighter
leash, while the other less violent offenders can receive effective corrective treatment while their
brains are still developing.
As far as trying children as adults goes, there can be benefits. I think most people would
agree that a crime is a crime. The law is black and white, not full of grey areas. This can make
crime into a decision like any other, where the offender weighs the pros and cons in their head
before they act. By making the con side to criminal activity a little more serious, it can steer
some children away from delinquent behavior. Although formal research is limited, the general

consensus of researchers can agree that being tried as an adult can lower crime rates among
children. (Redding 3)
To elaborate on this previous idea one must pretend that they are underage and about to
commit a crime. If you know that you may be free from long term punishment, you might be
more willing to go through with it. This slap on the wrist is not enough to prevent you from
criminal behavior. On the other hand, if you know you might receive a felony that follows you
for the rest of your life, you might give a second thought to your decision.
There are also arguments for the other side of the debate. Mainly that the child cannot be
held permanently accountable for actions they make before their brain is fully developed. As a
teenager, the frontal cortex in your brain is not fully developed. This region is commonly
associated with decision making. Because of this, teens are more likely to engage in aggressive
and risky behavior. (AACAP)
This can be seen as unfair to be so strict on rules that, especially boys, may be
predisposed to break. It can theoretically stick a felony on the record of a person that has not
even considered a crime since their brain has fully developed. Trying a child as an adult does not
take into account the changes that occur to the person while they are coming of age.
The physical side of this dilemma also can come into play. When a juvenile is tried as an
adult, they can be sentenced to adult facilities! While this is the simplest way to proceed legally,
it is also extremely inappropriate. Most people have watched enough discovery channel to know
that there is a social hierarchy in many prisons. There is no way that a child and compete with
full grown men for social status. They would be a weak link that is preyed on by other inmates.

There are also other factors that a child might experience that can cause criminal
behavior. Environmental factors can cause behavioral issues, and a little correction can be used
to treat the criminal instead of a felony. There have been cases in the past where psychologists
have to debate the mental status of the wrongdoer. They have to decide whether or not factors
such as peer pressure influenced their decision, and whether they are susceptible to rehabilitative
treatment designed to fix the anti-social behavior. (Braden)
A lot of the time outside factors can be the sole cause of delinquent behavior. This can be
common among gang activities, where the younger members are acting out of fear or motivation
to move up in the organization. Trying these children as adults may not provide the equality that
this country was founded on.
The most effective solution is a flexible court system, in which the decision on whether
they are tried as an adult is on a case by case basis. In this manner, we can strive to provide a safe
community, while still being fair to all involved in the system. Troublemakers who are deemed
as unfit for juvenile rehabilitation can be sent to more secure arrangements, while others can
be rehabilitated in a way that will not complicate their future endeavors.
Although this solution is not perfect, there have been success stories. The situation can be
assessed correctly if time is taken to weigh out the pros and cons in each and every case.
Sometimes, the only benefit of transferring someone to the adult system is to extend probation
past the age of 21. While this can be extremely beneficial in some cases, it can be easily
overshadowed by the benefits of the juvenile system which can offer more specialized rehab
programs. In that case, staying juvenile would be the better route. (Foreman)

As far as criminal cases go, it can be difficult do decide whether a childs actions should
be held accountable on an adult level. While it can be a useful deterrent to crime, it can also have
negative side effects that far outweigh any positive externalities. Therefore, the most effective
way forward is with a thorough psych evaluation on all juvenile offenders before they can be
transferred to an adult court system. In this way, we can make sure that the offender is truly
guilty of being a criminal and not just making a bad decision that can be so common among
teenagers. Especially with jail populations rising, a more efficient and fair legal system is needed
to weed out actual criminals, and provide a safe environment for everyone.

Word Count (above this line): 1037

Works Cited Page:

AACAP. The Teen Brain: Behavior, Problem Solving, and Decision Making . Facts for
Families Pages. No. 95, Dec 2011. American Academy of Child and Adolescent
Psychiatry. Web. 9 Feb, 2015
Chris Foreman. Uniontown Teen Wont Be Tried as an Adult. Tribune Business News. 4 Apr,
2007. Tribune Content Agency, LLC. Web. 14 Feb, 2015
Joe Dejka. Judge Will Decide if Teen will be Tried as Adult. Tribune Business News. 6 Jul
2007. Tribune Content Agency, LLC. Web. 15 Feb, 2015
Michele Deitch. Juveniles in the Adult Criminal Justice System in Texas Special Project
Report.

2011. Austin, TX: The University of Texas at Austin, LBJ School of Public

Affairs. Web 7 Feb, 2015

Richard E. Redding. Juvenile Transfer Laws: An Effective Deterrent to Delinquency? Juvenile
Justice Bulletin. June 2010. Page 3. Office of Juvenile Justice and Delinquency
Prevention. Web. 9 Feb, 2015
Tyra Braden. Court mulls teen Qu'eed Batts' status in gang killing: Debates whether boy, 15,
should be tried as adult. McClatchy- Tribune Business News. 30 Jan, 2007. Tribune
Content Agency, LLC. Web. 9 Feb, 2015