When it comes to the criminal justice system, one of the most prevalent issues is whether minors should be tried in adult courts in the event they commit a heinous crime. As of now, each case involving a minor is reviewed, and then it is decided by the judge if he or she will waive the defendants request to move the child up to be tried in adult court. However, that needs to change. As this ongoing argument has been happening for quite some time, people have contributed with their own reasons on why they agree or disagree. After extensive research, three details seem to stand out the most when making the argument against adult prosecution for minors. One  --  the human brain is not fully developed until one reaches their twenties. Underdeveloped brains cannot make rational, adult decisions. So, if a juvenile's brain is not fully developed, or not adult, they should not be tried as adults for juvenile behavior. Two  --  negative home environments are responsible for juvenile behavior, and thus should be taken into consideration during trial. As kids have no control over how they are raised, they cannot be held accountable for their actions, and should be tried as juveniles. Three  --  the aftermath of trying juveniles as adults has a more negative outcome than trying juveniles as adults has a positive outcome. In this case, the cons outweigh the pros. 

Since age is the ultimate factor that makes this topic so controversial, one of the major arguments made to testify against prosecuting juveniles as adults is exactly that  --  their age. It is argued that since the human brain is not fully developed until one reaches their early twenties, or roughly age twenty-five, children who commit these crimes do not know any better, since they are not able to decipher right from wrong as their underdeveloped brain prevents them from doing so. If the brain of a minor is not considered adult in terms of development, why should that minor be treated and tried as an adult? 

Adolescence is a crucial period in brain development, during which parts of the brain develop such as the frontal lobe. The frontal lobe houses the prefrontal cortex, which is responsible for most of the brain's advanced functions ("Adolescence, Brain Development, and Legal Culpability," 2004). It is argued that since juveniles biologically cannot perform functions such as judgment due to lack of development, they act irrationally without being able to evaluate the consequences of their actions ("Adolescence, Brain Development, and Legal Culpability," 2004). This research shows that until the brain is fully developed as an adult, one cannot be held completely responsible for their actions, since they were biologically incapable of making rational decisions. 

According to Laurence Steinberg, professor of psychology who specializes in child and adolescent psychological development, there are four specific structural changes that occur in the brain during adolescence that are worth pointing out. The first is a decrease in gray matter in the prefrontal regions of the brain. In these regions, synaptic pruning occurs, a process in which "unused connections between neurons are eliminated. The elimination of these unused synapses occurs mainly during pre-adolescence and early adolescence, the period during which major improvements in basic cognitive abilities and logical reasoning are seen, in part due to these very anatomical changes (Laurence Steinberg). The second change deals with changes involving dopamine, such as changes in the density and distribution of receptors connected to the limbic system. The limbic system is responsible for processing emotions and is where rewards and punishments are experienced. "Because dopamine plays a critical role in how humans experience pleasure, these changes have important implications for sensation-seeking" (Laurence Steinberg). The third change involves an increase in white matter in the prefrontal cortex that occurs during adolescence. This is mainly due to myelination, a process in which nerve fibers are covered in myelin, a substance that improves the efficiency of brain circuits. It is important that these circuits are strong, as the prefrontal cortex is crucial for making large cognitive functions, such as weighing risks and rewards, making complicated decisions, and making plans. The fourth change is a strengthening in the connections between the prefrontal cortex and the limbic system. This change is important when dealing with the regulation of emotions. Connections between regions of the brain are important when processing emotional information and dealing with self-control. These connections allow different systems of the brain to effectively communicate with one another. 

Imagine a five-year-old committing murder, being tried as an adult, and getting the adult sentencing of life in prison. Now, imagine a five-year-old growing up in a middle-class suburban neighborhood. These young children, equal in age, will go on to live two completely opposite lives. Being sent to prison at a young age and doing hard time can significantly impact a child in negative ways. Not only is it challenging to live in such an environment, but moving forward in the world after that experience can be a true struggle. 

Prison is not an ideal environment by any means. Being on a routine schedule everyday in which you work, sleep in a cell, and have extremely limited freedom is not a lifestyle people strive to obtain, however, it is a lifestyle that many adolescents are forced to become accustomed to, often for long periods of time. 

Violence within prison facilities is major and controversial issue, and something to think about when determining if minors should be tried in adult court and possibly sentenced to live in such an environment. In a 1989 study conducted by a team of researchers, juveniles serving time in adult prisons were observed. From this study, five times as many children serving time in adult prison answered "yes" to "has anyone attempted to sexually attack or rape you" than children held in juvenile institutions ("The Risks Juveniles Face When They Are Incarcerated with Adults," 1997). In the same study, about ten percent of the children in the adult prisons reported a sexual attack or rape attempt against them, while only about one percent of children reported in juvenile institutions ("The Risks Juveniles Face When They Are Incarcerated with Adults," 1997). "Children who are locked up in adult jails suffer from increased rates of physical and sexual abuse, as well as suicide, including being 7.7 times more likely to commit suicide, 5 times more likely to be sexually assaulted, twice as likely to be beaten by correctional staff, and fifty-percent more likely to be attacked with a weapon" (Young & Gainsborough, 6). Children are often targeted more than adults as they fit what some criminologists refer to as the "prototype" prison rape victim, which is someone young in the prison, sometimes even the youngest inmate ("The Risks Juveniles Face When They Are Incarcerated with Adults," 1997). 

In addition to being subject to violence in adult institutions, children do not get some of the services they need to survive and strive. Children who grow up in adult facilities are deprived of necessary services, such as health services, educational services, and services targeted towards the youth (Young & Gainsborough, 6). This drastic difference in lifestyle not only takes a toll on aspects such as their mental health, but can also be a burden when they are released from jail. Some people may have a public record, be required to report their conviction in job applications, lose the right to vote, and lose the right to serve in the military, among other consequences (Young & Gainsborough, 7). Young and Gainsborough explain that juveniles being in adult prisons growing up around crime and being familiar with basically only that, there is a high chance that they will likely commit more crimes when they are released, which will only bring them full circle back to where they started, and will repeat the process. The Equal Justice Initiative "believes confinement of children with adults in jails and prisons is indefensible, cruel, and unusual, and it should be banned" ("Children in Prison," 2014). People who have studied the affects of prison on minors have concluded that growing up in an environment in which crime and prison are dominant aspects, they will be more likely to commit crimes when released, and the cycle will repeat, proving the adult trial to work in reverse.

Something else to consider is whether prison is truly the best option. Instead of punishment, rehabilitation and treatment options are available to help get the youth back on track and ready and capable of leading successful lives outside of institutions. According to James Gilligan, clinical professor of psychiatry and adjunct professor of law, "the only rational purpose for a prison is to restrain those who are violent, while we help them to change their behavior and return to the community" (James Gilligan). He proposes that if we changed the environment inside prisons and constructed them to be more rehabilitative, they would be more effective. In such an environment, all needs of the residents would be provided, from substance abuse treatment, psychotherapy, medical and dental care, to education for all ages ranging from elementary school to college and graduate school. Especially when it comes to children, this environment is ideal, as they get the necessary tools they need for growth and development, leading to success in the long run. 

When an adolescent commits a heinous crime, it is often wondered how and why a child brings themselves to such a thing. Over the years, studies and observations conducted have shown that there is a correlation between the condition of a child's home environment and juvenile delinquency. Factors of a home environment such as marital status of the parents and substance use in homes are often rooted in the cause of crime amongst minors. 

I was taught at a young age the difference between right and wrong, and therefore learned how to make rational decisions. I was not born with the morals, but had to learn them from my parents, as they would punish me if I would act out of line. I credit them for being a young woman who, for the most part, has made wise life decisions. However, some children grow up in poor homes and/or are neglected, and do not get this same experience. In result, children may not learn the difference between right and wrong and/or may see reckless behavior demonstrated and get the impression that it is okay to reciprocate such behavior. 

In an article by Daniel P. Mears titled "Getting Tough with Juvenile Offenders," a study was conducted in which three independent variables were analyzed to see if/how they had an affect on juveniles, including sociodemographic, attitudinal, and contextual factors (Mears, 210). The sociodemographic factor dealt with race, annual household income, level of education, marital status, and number of family members in the household, the attitudinal factor dealt with political preference, views on if parents should be held responsible for their child's actions, religious preference, and views on punishment policies, and the contextual factor dealt with public disorder index, views on issues such as trash/litter and noise, urbanization, and property and violent crime rates (Mears, 210-211). The dependent variables of this study were crimes that would cause a minor to be considered being tried in adult court, including selling illegal drugs, committing property crime, and committing a violent crime (Mears, 209). When the study was conducted, the relationships between these variables were observed and recorded, taking note of any correlations. In this particular study, Mears links the seriousness of the crime a child commits to his home environment. He suggests that the worse the child's conditions at home, the more severe the crime they are likely to commit will be. Another connection he makes is between marital status and philosophy of punishment, suggesting that divorced/separated parents are likely to be more lenient on punishments for wrong-doing. 

A student at Elon University, Anika Doggett, conducted a similar study of her own to see the relationship between a child's home environment and juvenile delinquency. Anika took many factors of home-life into consideration, and paid special attention to each category, such as race, relationship between parents, substance use in the home, and violence in the home. She put the factors together to create a single cause of juvenile delinquency  --  neglect. At the end of her study, she concluded "delinquency is fostered by a lack of parental/juvenile interaction. Monitoring the child is also a major contribution towards the creation of delinquency.  By spending time with a juvenile as a family through family activities, it not only provides that necessary supervision for being aware of the whereabouts of the child, how the child is functioning emotionally, and how he or she is doing as an adolescent, it creates positive interaction with the parents that is needed for a healthy upbringing" (Anika Doggett). Growing up in an environment where crime-like behavior is prominent in the household, a child has no choice but to be influenced in such a way that may put them on the path to delinquency. 

The issue of whether minors should be tried in adult court is one that has been argued for some time, and continues to be discussed. When the facts come to surface and are reviewed, it is clear that sending minors to adult court is not the direction to go. As minors have underdeveloped brains that prohibit them from making adult decisions, have no control over their home environment which can negatively affect the way they behave and think, and are mistreated in adult facilities, we can conclude that treating these adolescents as adults is inappropriate. As research shows that the negative outcomes from trying minors in adult court outweigh the positive outcomes, it is crucial that we put an end to this mistreatment and injustice. 

