Juvenile Delinquency

Juvenile Delinquency is the participation of illegal behavior by a minor who falls under a statutory age limit. A delinquent is a minor who commits a crime or a status offense. A status offense is conduct that is illegal only because the child is under age i.e. smoking cigarettes (Senna 10, 20). The cases of Eric Smith, Lionel Tate, and an unidentified NJ child are similar only because, they are guilty of killing another child, but the Criminal Justice System treated and punished them very differently. In August 1993 in Savona, New York 13 year old Eric Smith killed 4 year old Derrick Robie. Smith lured Robie into the woods and strangled, beat with large rocks, and sodomized Robie. Smith was questioned by police and kept changing some details in his story. This made police believe that he knew more about the case than he was telling them. Smith confessed to his parents' that he killed Robie. Smiths' parents took him to the police. They didn't consult with an attorney. Smith confessed to police that he killed Robie and was charged with second degree murder. The prosecutor didn't offer Smith any plea deals. Under NY State Law defendants' that were 13 at the time of the crime can be tried and sentenced as adults'. The prosecutor had the discretion to try Smith as a juvenile, but instead chose to try him as an adult. As a young child Smith displayed anger problems. He would throw tantrums' and bang his head on the floor. Smith was a firebug and would kill small animals. He would hit his siblings and would punch things to let out his anger. In school Smith had a learning disability, speech problems and was left back. He was bullied a lot and it affected his self esteem. He had a very low self esteem. Smith's mother while pregnant with him took tridione to control her epileptic seizures. Tridione can cause birth defects and may have caused physical and developmental defects in Eric. Smith's attorney said he suffered from a mental disease called intermittent explosive disorder. The disease caused him to have uncontrollable rage episodes. After the episode, the person appears to be normal. Smith didn't under go a psychological evaluation prior to his trial. Smith did undergo medical test that examined brain function and hormone levels. These tests couldn't explain his violent behavior. Smith was convicted of second degree murder and sentenced to nine years to life in prison. After seven years, Eric Smith finally gave the reason why he killed Robie and it was "because instead of me being hurt, I was hurting someone else" (Smith video, CBS). Smiths' form of delinquency is consistent with the trait theory. The trait theory holds that youths engage in delinquent or criminal behavior due to physical or psychological traits that govern behavioral choices; delinquent actions are impulsive or instinctual rather than rational choices (Senna 66). Smith would punch things, kill small animals, and set small fires to let out aggression. These are things he did impulsively to make him feel better and make the anger go away. Smith's reason for killing Robie shows that he acted impulsively, because he wanted someone else to hurt not him. Smith prior to committing this murder had never been in trouble with the law. Smith was calling out for help by throwing tantrums, killing animals, and setting fires. This is a psychological problem that a psychological evaluation could have been identified if it would have been administered.

In July 1999 in Pembroke Park, Florida 12 year old Lionel Tate killed 6 year old Tiffany Eunick. According to Tate, he was horse playing and he threw Eunick against the stair case and she stopped breathing. Tate said he was imitating professional wrestlers fighting. The autopsy revealed that Eunick suffered internal bleeding, broken ribs, a lacerated liver, and a fractured skull. Eunick's injuries were consistent with a fall from a three story building. Tate was charged with first degree murder. Tate had a history of behavioral problems that included fighting, stealing, and fifteen school suspensions. Florida State laws allowed for a child that was 12 years old at the time of the crime to be tried as an adult. If Tate had been tried as a juvenile he would have faced six to nine months in a juvenile facility, but as an adult he would face life without parole. The evidence was presented to the Grand Jury and they returned an indictment for first degree murder. Tate was offered a plea bargain for a guilty plea a few times, but his mother refused to accept it. Tate's mother didn't want to plead guilty because she believed her son that it was an accident. During the trial, the Tate's defense tried to argue that the wrestling Tate watched on TV influenced him. The jury wasn't convinced that it was an accident, because of the extent of Eunick's injuries. Tate was convicted of first degree murder and sentenced to life in prison without parole. In December 2003 Tate's conviction was thrown out by an appeals court, because Tate wasn't given a mental competency evaluation before or during his trial. In January 2004 Tate pled guilty to second degree murder. Tate was released and sentenced to 10 years' probation, and one year house arrest. Tate didn't receive any mental health counseling at all. In September 2004 Tate was arrested for possession of a weapon a knife. Tate was sentenced to an additional five years' probation and was warned that another violation would land him in prison.

In May 2005 Tate was arrested and charged with one count armed burglary with battery, armed robbery, and violation of probation. Tate robbed a pizza delivery man with a gun and forced his way into a neighbors' apartment with the gun. Tate wrote a letter to the judge in his case telling him that he was hearing voices and wanted to kill himself. He requested a psychological evaluation. The evaluation determined that he was faking his illness, because the letter he wrote was cogent, coherent, and well written for someone that was hearing voices (Tate video, Court TV). Some of Tate's criminal behavior falls into the choice theory. The choice theory holds that youths will engage in delinquent and criminal behavior after weighing the consequences and benefits of their actions; delinquent behavior is a rational choice (Senna 66). The possession of weapon, armed burglary, and armed robbery are choices that Tate made of his own free will. Tate having been through the criminal justice system was well aware of the consequences of his actions. His behavior was consistent with predicting chronic offending such as school suspensions', fighting, and poor parental supervision he had moved around a lot between different family members'. Tate was a chronic offender that committed a crime then continued to commit crimes when given chances'