Juvenile offenders and minors have for some time suffered the failure of the justice system to have an elaborate program for trying minors. This has brought about confusion in the justice system to the extent that no clear framework exists for criminal justice for minors (Braswell, 2011). The essence of justice is to bring about the truth for the sake of bringing change in the society. Being found innocent or guilty, therefore, becomes an important aspect of the justice system. Therefore, it is important to note that owing to various factors surrounding this matter, the justice system is under criticism and hence, it should be discouraged against using adult trial towards the minors due to lacking rehabilitation, welfare of children, and penitentiary protection.
Minors do not have the same social status like the adults. While most adults have a better thinking capacity and are much ahead in terms of stratification, minors have none of that. The minors have no financial capacity that can guarantee them a bail out in the event that they are convicted of any criminal charge. Therefore, it is a disadvantage to the minors when the adult justice system is applied in their case. The solution to this is that the justice system should be designed in such a manner that it brings a distinction between the adults and the minors. If these were done, the minors would have a fair trial and hearing. Trying minors using the adult laws is a very detrimental and does not allow for proper justice to be served (Hile, 2003).
Young people do not have any form of support; hence, they cannot stand alone to go through a trial. If a distinction is established, every person either minor or an adult would have a fair trial based on the maturity of the individual. Minors would be the biggest beneficiaries of such a system. Having minors to be tried using the trial system meant to be used for the adults is an affront to the rights of the young ones. A clear guideline should be formulated for the sake of deriving an outline that is unique to adults and minors.
Having a distinct justice system for the minors and the adults is not just ethical, but also very moral. While manners should not have the express rights of doing whatsoever they may wish, it is important to have them stand trial that befits their status as young ones. Having a distinct system is ethical and moral in the sense that young ones have the ability to understand the justice system brought to their level and understanding (Braswell, 2011). Trying a minor using decree meant for the adults is very embarrassing and very inappropriate for any justice system. Justice systems should be defined to have a fair trial and not being an affront to other people’s rights.
The universal declaration of human rights dictates that everyone has the right to be heard. This means that all have a right to a fair hearing. Passing judgment to a minor in the same manner it should have been done for an adult is not just unethical, but immoral. Capacities and levels of reasoning are very different. Adults have developed thinking capacities and cannot be compared to the young ones. It is, therefore, imperative to have minors tried separately without using judgments meant for adults. This is the most ethical and moral thing that can occur in the justice system.
Ethics and moral observation are exceptionally necessary for any system. Pursuing justice does not mean interfering with other people’s rights (Braswell, 2011). The conduct and operation of a given system define the ethics of such an entity. For any trial system, it is critical to stick to the procedures that ensure justice. This is what ethics and morals is all about with respect to justice. In fact, operating beyond the stipulated boundaries is not very logical and ethical. When the young ones are tried using procedures meant for adults, it becomes very compromised and questionable. Every stakeholder has to think of bringing about ethics in the justice system to protect the young ones from unnecessary pressure arising from an infiltrated system.
The law should protect minors with elaborate procedures being outlined to ensure that is enforced. It is very unethical and immoral to try young ones the same way adults would be tried. The essence of justice is to correct the disparities that exist with respect to breaking of the law. The justice system has not been very helpful in protecting minors from being tried the same way judgment has to be passed to minors (Scott & Steinberg, 2008). Therefore, it is to this end that the justice system has received a lot of criticism, and it should be discouraged against using adult trial towards the minors due to lacking rehabilitation, welfare of children, and penitentiary protection. If this were to be done, the minors would have a fair trial that is commensurate their level. It would protect the minors from any unjust procedures.
Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2011). Justice, Crime and Ethics.
Burlington: Elsevier Science.
Hile, K. (2003). Trial of Juveniles as Adults. New York: Infobase Pub.
Scott, E. S., & Steinberg, L. D. (2008). Rethinking juvenile justice. Cambridge, Mass: Harvard