Shanholtzer 1

Allison Shanholtzer
Mr. Newman
English 101: Rhetoric
1 December 2014
The Conviction: As Adults or Juveniles?
Whenever a crime is committed, most courts are able to figure out how to try that person
or persons. However, no one would have guessed a child would be capable to murder someone
but that is quickly proven wrong when a twelve year old in Michigan killed this nine year old
friend. With so many complicated factors contributing to a bizarre murder, having the court
convict a minor as an adult would prove to be insufficient than as a juvenile. Although minors
commit murder, they should be tried as juveniles because they lack maturity to be convicted in
an adult court.
As minors, they are still growing emotionally and mentally, which leads to their low level
of maturity. Marc Mauer, an executive director of The Sentencing Project, states that a twelve
year old ...lacks the maturity to appreciate the consequences of his actions and is not capable of
aiding his attorney in presenting a legal defense. In other words, a twelve year old isnt old
enough to acknowledge the consequences of what they did nor can they help their attorney in
their own defense. With the lack of maturity, it would not be a fair trial for a minor, since they
cannot accept their mistake and understand the consequences that follow. There would not be
adequate support for their attorneys, since they would be treated differently in an adult court than
a juvenile one. Mauer also includes that even if a minor was thrown into an adult court and
locked up in prison, would it actually condone his alleged behavior? With a juvenile court, at
least, Mauer brings up the fact that the court could, provide the assessment and treatment

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services necessary for the minor instead of having them be put into an adult court. The best way
to handle something like this would be having the minor go to a juvenile court, get a conviction,
and then try to get some type of help to prevent another tragedy from happening. Carmen
Daugherty, a policy director for the Campaign for Youth Justice, agrees that adult courts would
have no effect. In fact, she says that a system ill-equipped to handle his emotional, mental and
educational needs should be considered for the minors and try to understand why they did what
they did. By locking up such a young person, there would not be any improvement to their well
being and even with an adult court, the minor would be under pressure, as they would be tried
differently. With a juvenile court, they will convict whether they believe the minor is guilty or
not and put them into a detention center. At least with this, they get a feel for what prison would
feel like and people hope that by doing this, they would correct their behavior and keep them
from committing crime again. Even trying a minor in an adult court, the consequences will be
lifelong for an adult criminal record he received before starting high school, before driving a car
(Daugherty). For someone so young to obtain an adult record in middle school, there should be
alarms going off inside peoples heads. It is not right for a minor at this age to get a criminal
record and be held against it, even with a severe crime such as murder. They should have a
chance to redeem themselves from a mistake they did by being placed into a detention center and
get the help they need to correct the mistake they did. Likewise, any minor committing such a
scary crime are not fully mature at this point and instead of them being in an adult court, they
should be given help and attention to keep them from doing this again.
Although maturity is the key point, a minor should be overlooked before attempting to
convict them into an adult court. Liz Hart, the president of the National Organization of Victims
of Juvenile Murders, believes that ...a youth's brain is still developing, we all learn from an

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extremely early age that killing is wrong. In other words, for a minor to go through with a
murderous intent, something like this isnt just because their brain is still growing. The minor is
accountable for a murder, yes, but it isnt fair for a young person to be sentenced guilty in an
adult court either. They should be given a chance to redeem themselves because of how young of
an age they are and that instead of locking them up, the minor should also have help given to
them. Jennifer Jenkins, a member of the National Organization of Victims of Juvenile Murders
board, agrees with Hart by stating that the courts are allowed to look at all the factors in a
crime, determining the best punishment and the best outcome for public safety, is a system that
works. This is how it should be with any given case, regardless of the person being a juvenile or
an adult. All of the factors in the case should be considered carefully before making a final
decision on whether the minor should be convicted as a juvenile or adult.
However, because a minor has committed a murder, that is a huge indicator to attorneys
that this person should be automatically put into an adult court. David Labahn, the president and
chief executive of the Association of Prosecuting Attorneys, describes his past experience as a
juvenile prosecutor and although he didnt want to charge a minor, such decisions occur in
communities across the nation. Labahn agrees to a certain extent that no juvenile should be
charged with murder but because of the crime, he also believes that a juvenile should be charged
as an adult and own up to their poor choices. Although minors at this age have a low maturity
level and are still growing, the philosophy here is that if they are able to take a weapon and use it
to kill, they are old enough to acknowledge the consequences as adults. There is no simple
answer, Labhan argues but there are times when very young defendants should, if the law
allows, face adult criminal charges. Even for a minor, to carry out a full-blown murder on
someone, they are seen fit to be tried as adults themselves. Although it doesnt seem right to give

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adult charges towards a minor, there will be times where it only seems appropriate to do so, if the
law sees the crime intense enough for those charges.
No one said that finding the right conviction for a person was easy and especially for a
juvenile that has the ability to murder at such a young age. Sometimes, hard decisions have to be
considered when trying to find the best way to approach a minors crime and what would be the
best consequences for them. Although, even with a cold murder case carried out by a minor, they
should be convicted as a juvenile because they are not mature enough to withstand a harsh adult
trial.

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Works Cited
Daugherty, Carmen. "Trying Kids as Adults Is a Harsh Practice That Serves No
Purpose." The New York Times. New York Times, 18 Aug. 2014. Web. 13 Nov. 2014.
<http://www.nytimes.com/roomfordebate/2014/08/18/young-souls-dark-deeds/trying-kids-asadults-is-a-harsh-practice-that-serves-no-purpose>.
Hare, Liz, and Jennifer Jenkins. "Some Young Offenders Are Beyond Redemption." The
New York Times. New York Times, 18 Aug. 2014. Web. 13 Nov. 2014.
<http://www.nytimes.com/roomfordebate/2014/08/18/young-souls-dark-deeds/some-youngoffenders-are-beyond-redemption>.
LaBahn, David. "Adult Charges Are Appropriate If a Child Is Found Competent." The
New York Times. New York Times, 18 Aug. 2014. Web. 13 Nov. 2014.
<http://www.nytimes.com/roomfordebate/2014/08/18/young-souls-dark-deeds/adult-charges-areappropriate-if-a-child-is-found-competent>.
Mauer, Marc. "Charged as Adults, Children Are Abandoned When They Could Be
Saved." New York Times. New York Times, 18 Aug. 2014. Web. 13 Nov. 2014.
<http://www.nytimes.com/roomfordebate/2014/08/18/young-souls-dark-deeds/charged-asadults-children-are-abandoned-when-they-could-be-saved