Avila 1 Cassandra Avila Instructor: Malcolm Campbell English 1102 12 February 2014 Innocence Gone Too Early In 2011,

Colt Lundy and Paul Gingerich awaited their sentence in adult court. It is not new to hear about two murderers to wait for their sentence, but what makes this case captivating is that they are under the age of 16. While most teen boys think about what video game they will play next or what movie they will watch next, these two boys think about what they will do in the years to come behind bars. The sound of the judges gavel marks the beginning of the 30year sentence and 25-year sentence these boys will serve in prison. According to Fox28 Network from Indiana, the boys were tried and convicted as adults. What surprises me the most is the fact that these kids are being tried as adults. Since when has it been fair to try and convict kids as adults? Normally kids under the age of 18 are tried as juveniles and go through juvenile courts, but several states allow the possibility to try and convict juveniles as adults. The actions of these boys and other juveniles around the country should not be overlooked, but juveniles do not have the same capabilities as an adult to understand an adult court trial, therefore they should not be tried as adults. The actions of these juveniles should not go unpunished. Each case is different and depending on the severity of the case, the state will decide how to try and convict these juveniles. In the United States, an adult is considered to be 18 years old. Some juveniles are not old enough to have a job or drive, yet they are old enough to be convicted as an adult. Convicting juveniles as adults is not fair because they are still kids. When you hold a youth accountable in the same

Avila 2 manner and fashion in which you hold an adult, its just not right and its not fair, states LaShon Beamon of the Department of Youth Rehabilitation Services. Kids who are tried as adults do not have a developed mind to understand an adult court case. When a juvenile is tried and sentenced as an adult, they will be in a juvenile correctional facility until they are old enough to enter the adult prison; which is usually at the age of 18. When they are mixed in with adult inmates, many of them are in danger because they are with the violent, aggressive inmates. There are a few dangers of juveniles going into an adult prison as the aftermath of being convicted as an adult. For instance, in an RT Network video, Michael Kemp, a former juvenile sent to an adult prison states, You never know what the adults might do to you. He mentioned how it is a constant struggle to survive in an adult prison as a kid. They pull you in but in reality theyre trying to get a favor out of you, a sexual act, and then you get victimized or raped, Kemp says. How is it fair for a juvenile to spend their years in a place that is filled with dangerous adults and a place they will only see violence? According to the Bureau of Justice, one out of five victims of sexual abuse in prisons are younger than 18 and juveniles in adult prison are more likely to commit suicide. Juveniles should be sent to a juvenile facility in order to improve themselves, but they end up being sent to adult prisons afterwards and go through a rough time. It has been argued that juveniles should not be tried as adults because their minds are not fully developed and they are not able to understand an adult court case. In severe cases, juveniles have been sentenced to life without parole. The Supreme Court has stated its opinion of this type of sentence back in 2010, stating: A life without parole sentence improperly denies the juvenile offender a chance to demonstrate growth and maturity. As compared to adults, juveniles have a lack of

Avila 3 maturity and an underdeveloped sense of responsibility, they are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure; and their characters are not as well formed. In other words, it is not fair for a juvenile to be sent to prison for life because it is unfair to redeem themselves and possibly free themselves as well. Their minds are not mature enough to cope with the harsh punishments of an adult sentence. It is unfair for a 13-year-old boy to go through an adult court case and then transfer into an adult prison at the age of 18 because of their young age. It is unfair because their innocence is robbed from the hands of the court. Kids should be sent to a place where they can serve time but also learn from what they did. Prison is not the place for that because it is a punishment rather than a place where they can learn to be good again. While there are people against the concept of trying juveniles as adults, there are supporters of it. Juveniles are under the age of 18, but teenagers who commit serious crimes, like rape and murder, and are around 16 or 17 years old are excluded from the opposition of trying kids as adults. The mind of a 17 year-old is more developed than the mind of a 12-year old. Many supporters of juveniles being tried as adults believe that if they are old enough to commit a heinous crime, then they are old enough to serve the time for it. At least the 12 year old the adult charge is kind of strong but nowadaysif they can do the crime do the time, said Amanda Hyndman, Wawasee Middle School Parent, the school where Colt and Paul attended school. The boys actions sparked controversy because of their sentences. Many people believe that the court was right in sentencing the boys as adults because they knew what they were doing. If more juveniles were tried as adults, then it would be a lesson for others not to get themselves into trouble.

Avila 4 In the cases of Colt Lundy and Paul Gingerich, their innocence has been taken away at very early age. Some argue they did it themselves, while others will blame the court system of having done it. In any case, juveniles younger than 16 are not old enough to be tried and convicted as adults because they lack a developed mind.