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  • Writer's pictureTamanna Sharma

DEBATE: Should Juveniles be Treated and Tried as Adults?

Updated: Nov 5, 2021

Cyntoia Brown is a minor from the United States, who was sentenced for killing a man when she was merely 16 years old. She was given clemency after serving 15 years in prison. Till date, she has stated that her actions were in self-defense as the victim had purchased her for trafficking. I request all of you to observe the harshness of the criminal system in this judgment carefully.

The term juvenile refers to children aged 7 to 18 being charged for a legal offence. Juveniles possess serious forms of delinquent behavior which may hamper the social command of our society. However, to compare the frail and impressionable minds of the young to the experienced and habituated minds of adults is unacceptable. Children are incapable to cope with a situation in the same way as adults, as they can be effortlessly manipulated and reformed as well.

Sentencing a juvenile as an adult does not reflect the understanding of the child in question. It prevents the child from having a fresh start even after they have changed their individuality. If a juvenile is charged with an adult crime, then this will limit the civil responsibilities the parents have for the conduct of their child. The jurisdictions limit how victims can civilly pursue for damages that they have suffered. Charging juveniles in adult court will often cause exorbitant expenses that can often worsen the poverty that a family experiences. The economic burden can have long-term consequences for those involved. If a juvenile offender is kept with adults, there is a high risk of the offender getting influenced or abused by hardened criminals.

In my opinion, the trial should be based on the crime committed, not just the age. Therefore, it is not the offender but the offence that we need to deal with. The JJ Act of 2000 says that if the juvenile has attained the age of 16 and the offense committed is heinous, he/she can be sent to a place of safety- different from a regular observation home, but not a police lock-up for a maximum period of three years. I fully agree with the terms of this act as it states conditions fully acceptable and just, paving the way for a fair society, where the law caters to all and also protects all.



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