Tuesday, July 13, 2021

Cruel Punishment

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Tom Reilly published an article entitled, "Youth Crime has Changed and so Must the Juvenile Justice System," which appeared in the Boston Globe. In stark contrast to Reilly's article for change, Abbe Smith and Lael E. H. Chester published an article entitled "Cruel Punishment for Juveniles." Reilly uses explosive language to persuade his audience that the Juvenile Justice System is outdated. Smith and Chester, on the other hand, plead for rehabilitation for juveniles. Reilly, Smith and Chester use different types of style and evidence to support or defend their position.


In Reilly's article, support for his argument comes from various opinionated ideas and few statistical details. However, Reilly makes for his lack of convincing examples with his use of descriptive language and strong diction. A district attorney in Massachusetts, Reilly believes that the juvenile justice system is outdated, and is unable to handle the increasing crime rate. "Until fairly recently, the juvenile justice system served our country and our children reasonably well. Beginning in the 170s, however, the reality of juvenile crime began to change. Juvenile crime grew more violent and more common, and the system was unprepared." Reilly makes good use of his word choice by appealing to the need for public protection. He believes the current system is outdated, designed only to address infractions such as truancy and petty theft. In addition, Reilly argues that, "These were serious problems a century ago, but they bear no resemblance to the "routine" infractions of the present day everything from rap[e] to crimes involving guns to cold-blooded murder." Again, Reilly uses the argument that public protection must be the number one priority. In order to reform the justice system, Reilly advocates the elimination of "trial de novo." "Under de novo, a juvenile has a right to tried before a judge. If found guilty (or delinquent), the juvenile can simply demand a new trial before a jury…" Here, Reilly uses a unknown fact to persuade readers to his side.


On the contrary, Smith and Chester oppose the cruel punishment advocated by Tom Reilly. Smith is deputy direct of the Criminal Justice Institute at Harvard Law School, and Chester is a fellow at that institute, so they know what they're talking about. Smith and Chester argue that it is cruel and unusual punishment to send young offenders to adult prisons. Smith and Chester use an anecdote, along with several statistics to provide a very convincing argument. "Frankie has spent the night in jail, an adult jail. In Massachusetts, 17 is the age of adulthood for purposes of criminal prosecution. He had been arrested for breaking into the basement of the house from which his best friend's family had just been evicted. His friend wanted to retrieve his punching bag." Smith and Chester use this anecdote to appeal to the readers' reasoning and logic. It is obvious that something such as petty theft should not be punishable by a day in prison. "Given the number of prisoners with HIV (the Journal of American Medical Association reports the rate of AIDS among incarcerated adults is six times that of the general population), sending children into adult prisons might as well be a death sentence." This additional evidence provides the reader with factual support to base their opinion on. They no longer have to make decisions blindly according to what some egotistical politician has to say.


This politician, would be Tom Reilly. His argument is backed up with opinions, opinions, opinions, but people want the facts! Reilly fails to persuade the audience due to his lack of support. Smith and Chester's article is more convincing because it has everything that Reilly's article is missing. Smith and Chester appeals to the audience's emotions, and their conscien


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