...Juvenile offenders are young persons who cannot be tried as adults because they are too young. Juvenile court process are not like adult court process. When a juvenile gets caught doing something bad they do not go to jail. They get taken to law enforcement but the parents are contacted so they can pick them up there. That is the intake process. The next step after that is the adjudication process. That is when the charges are reviewed and the juvenile has court hearings. Usually the hearings for juveniles are not public. They are usually behind closed doors. If the juvenile is convicted then that is the disposition process. That is when they determine what kind of punishment the juvenile will receive. For example if they need to go to a juvenile rehab or probation, or if they need to get sent to boot camp and also if they need to pay any restitution for any damage they need to pay for. Like for example to pay for a damaged window or to pay for something they have stolen from a grocery store. Young teenagers are considered juveniles until the age of 17. After the age of 17 they can be tried as adults. Most juveniles learn their lesson the first time they get in trouble. Some do not and continue to get in trouble. Sometimes that happens due to the fact that their parents do not care about them. They come from families with no dads around only moms or vice versa. I think juveniles should be punished the hard way as soon as they start acting up and getting into trouble. That way...
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...way the appointment and confirmation process can be seen as wrong is the politicisation of the process by the President. Despite presidents always denying political consideration in the process it seems to underlie in the process of choosing Supreme Court justices. Presidents wish to choose a justice whose political and judicial philosophy reflects their own. It is often seen that a Republican president will pick a conservative candidate whereas a Democrat president will pick a more liberal candidate. There is a danger that presidents will scrutinise candidate’s previous judgements on controversial cases such as capital punishment or abortion. Most presidents do pick politically as seen with both the Clinton appointees on the court who deliver opinions that are consistently of a liberal position. As the president has to opportunity to choose a member of the nation’s highest court which in turn can shape the courts thinking for 15-20 years they tend to pick someone who reflects their own views. The death of Justice Scalia in February 2016 has highlighted how the process is increasingly politicised and partisan. Obama stated he wished to nominate a candidate with Republicans believing they should delay the appointment till the election is over. This is because the court is currently 4-4 balanced between conservative and liberal views and the next appointment could shape the balance of the court for the next decade. This highlights how the process isn’t neutral and is increasingly partisanship...
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...The role of United States Supreme Court in the policy making process Policies can be described as specific guidelines that ultimately lead to the creation of laws after passing through all the legal channels. The United States Supreme Court has no explicit power to make any laws. However, its power in the overturning of laws that are deemed to be unconstitutional is well established. The Supreme Court consummated itself as a system of checks in relation to the overturning of unconstitutional laws in the 1803 Marbury v. Madison case (Ribble, 2010). As such, the Supreme Court hears cases in relation to the review of a law that is infringing on individuals rights protected by the constitution. This is the main essence of the introduction of judicial reviews. In doing so the United States Supreme Court plays a vital role in the aligning of established laws with the stipulations of the United States constitution....
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...Juvenile Court Process CJS/220 February 28, 2014 Harvey Smith Juvenile Court Process The juvenile court system was put in place for people that commit crimes or have disciplinary problems that are under the age of eighteen. After the age of eighteen a person must be tried in adult court or depending upon the severity of the crime. Initially juvenile court was put in place as a form of rehabilitation for youth. The Juvenile Court System is managed under the theory of rehabilitation rather than punishment in which acts as parens patriae. (Meyer & Grant, 2003). Parens patriae is when a parent is reluctant or incapable to control a child, the state has the power to step in and act in the child’s and society’s best interest (Meyer & Grant, 2003). Juveniles do not succumb to the same rules as adults when being taken into custody. The juvenile justice system is directed toward protecting a youth’s privacy, protecting the youth from harm, and providing treatment or support services rather than punishment (CJI, ch.14). Once a juvenile is found guilty of a crime they are sent a juvenile detention center opposed to being sent to a jail or prison. I believe the juvenile process should differ from the adult process depending on the crime. At a certain age you are able to think logically and understand right from wrong and if you commit a crime you should be able to understand the severity of it. If you steal from a store and you’re under the age of eighteen...
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...Steps to Writing a Grant Proposal Charity Tessitore HSM/270 May 28, 2016 Ruth Hendrick Introduction Funding can be a cause of concern for any organization or program, whether for-profit or not-for-profit. Non-profit organizations and programs rely heavily on the financing from grants. According to "Grants 101” (n.d), “a grant is a way the government funds your ideas and projects to provide public services and stimulate the economy. Grants support critical recovery initiatives, innovative research, and many other programs listed in the Catalog of Federal Domestic Assistance (CFDA).” This paper is going to go through the process of writing a grant proposal, using a new program called “Encouraging Families” as an example. Encouraging Families is a new program that is part of the PEACE Domestic Violence Agency. New Program Idea PEACE Domestic Violence Agency’s mission “is to reduce victim trauma, empower survivors, and promote recovery through direct services.” PEACE encourages domestic violence victims to get help and move on. They also help young adults get the education needed to stop the cycle of abuse. PEACE even provides a rehabilitation program for young adults. What it does not do is help those families get the job skills they need. Sometimes families want to be reunited, but have a member in jail and do not know how to go about reuniting. Encouraging Families is a new program that will work with the families, including the member that is incarcerated. The primary...
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...Sheri Meyer Vista Health Fort Smith, Arkansas July 14, 2013 I live in Fort Smith, Arkansas, and the only halfway house that we have is Harbor view, or better known to others as Vista Health. Vista Health is located at 10301 Mayo Drive, Barling, AR 72923. The telephone number is (479) 494- 5700. A friend of mine from elementary school works there and she is who I interviewed to find the facts out about Vista Health. Her name is Hannah Yarborough. Vista Health looks forward to assisting anyone that is in need. The information that you will read about in this interview will help people understand the guidelines and general information so that if they are ever in need of vista they will be comfortable. Vista Health’s goal is to provide an environment in which your problems and concerns can be addressed so that a person can focus on their treatment. Vista believes this can be accomplished with a structured, consistent treatment program. This structured program environment is designed with group activities, which will be beneficial to one’s mental wellness. A member of Social Services will meet with an individual one on one outside of your group activities. Vista’s treatment team of professionals includes the individual’s physician, physician assistant, nurses, social services staff and treatment staff, recreational therapists and other health professionals. Treatment at Vista Health begins with a thorough examination of the problems and concerns an individual is experiencing...
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...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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...Appeals Process Paper Patricia Velez University Of Phoenix Punishment Philosophies An appeal is an application or request made by a losing party in a court case to a higher court seeking a reversal of a lower court’s ruling in the case. In trials by federal courts, the losing party is entitled to a chance to make a plea to the court of appeal, whereby either party may be against the decision in a civil case while only the defendant has the chance to make a petition whereby a criminal case is concerned. Most appeal cases are picked for a session of oral arguments by both parties before the court. This oral claim takes the form of a structured discussion conducted between appellate lawyers and judges of the court focusing on legal principles involved in the dispute. Ideally, both sides are allocated a small amount of time during which they present their opinions before the court. In most circumstances, appeals are final, and the decision made by the court of appeals ate taken as the final word except when it refers the case back to trial courts or whereby the Supreme Court is involved (Barendrecht, Bolt, & Hoon, 2010). Appeals factor in criminal procedures and overall trial processes in different ways depending on the structure and principals of the legal system involved. Ideally, the appeal process is upheld for its benefits for the conflicting parties, the system of public justice, as well as the future users of...
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...Courtroom Participants Team B: Sheena McCall, Idalia Gill, Neil Gabe, Billie Adams, and Dannielle Rea CJA/224 October 31, 2011 Austin Dunham Weidner Courtroom Participants In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victims, witnesses, jurors, bailiff, and court reporter are each participants in the courtroom workgroup. Although every participant plays a different role in the process, they each contribute to the courts general objective of ensuring that the legal system remains fair, efficient, and effective to those individuals accused of committing a crime. A judge’s role is essential to court proceedings. He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights of due process. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities outside of this setting. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the...
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...Chances to adopt ADR in administrative disputes (Explaining on tax dispute instance) Chuluuntsetseg Ochirjantsan* (Member of Mongolian Bar Association, Senior teacher at Law school of NUM) I. II. III. IV. V. VI. Introduction The origin and development of ADR in Mongolia Concept and stages of administrative proceeding Necessity to adopt mediation procedure on Mongolian tax case and dispute Conclusion References Abstract Tax law covers a significant presence in administrative law sectors. Tax dispute and cases are part of the administrative law disputes and resolving tax dispute and cases through ADR is much peaceful mechanism. Despite the mediation procedure on tax cases and dispute is occupying great position in the national legal systems of countries, international level dispute resolution based on the principles of mutual trust is a flexible and effective method. Countries tend to implement mediation procedure on tax cases in accordance with their legal culture, consciousness level and characteristics of the population regardless of their legal family. Reconciliation and mediation on tax cases and dispute is system which settling cases by parties making dialogue to find mutual consent that can fit to the actual situation without getting restricted by a tight law regulation. Therefore the necessity to resolving tax cases through reconciliation and mediation is seen as a pressing problem in many countries. Key words: Reconciliation And...
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...showed how many hours attorneys spend…at research. It is against this fictional backdrop that we must try to present a more realistic picture of how our system works. Few controversies actually get to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is appealed. · Describe how e-filings are used in court. · Explain the use of arbitration and other nonjudicial methods of alternative dispute resolution. III. Key Question Checklist · Does the dispute or controversy lend itself to out-of-court resolution? · Once jurisdiction is established, was the proper sequence of pretrial steps taken? · Was the trial sequence properly followed? ·...
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...Arbitration is a form of alternative dispute resolution outside the formal structure of law and court procedure, would provide a suitable alternative that was just, accessible, efficient, timely and effective. In choosing arbitration, an arbitrator listens and decides the case like and the parties choose a private dispute resolution procedure instead of going to court. Now, I would like to discuss some advantages and disadvantages of arbitration over litigation. Advantages of arbitration over litigation: Faster Arbitration resolves the conflicts speedy because the proceedings are less formal than a court case. There also cannot be appealed or over-turned unless the arbitrator showed bias, discrimination, or fraud, so the dispute is not prolonged by a long appeal process. Besides that, arbitration goes through the flexibility of scheduling in the court system and arbitrators have more flexible schedules than judges. Therefore, parties have better control the timing of the arbitration proceedings. For parties, they can focus on their business faster when the dispute resolves faster. Costs A court litigation usually involved many complex procedures with heavy legal cost. In some cases, it may be unsuitable for private individuals and small companies. Therefore, the lower cost of arbitration can be an attractive condition to these parties to arbitrate. However, lately, the new arbitration has changed. The expense of paper and face-to-face meetings unnecessarily occupy the...
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...ABSTRACT The main objective of this research is Evolution of the process of ADR in Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic...
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...Appeals Process CJS/220 January 13, 2013 By: Shandale Gordon An appeal is “a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect” (Merriam-Webster, 1996). When an offender and it’s representing counsel feels that the judge made a substantial mistake in their case then the defendant through his representing counsel has the option to appeal the decision. Both sides of the case has the opportunity to appeal (in a civil case) if both feel that the decision made by the judge was a mistake or in most cases the losing side and in criminal cases only the defendant may appeal the verdict ("The Appeals Process", 2012). An appeal is a formal request that a higher court re-examine the procedure or decision of a lower court, administrative agency, or other body. As I stated previously, the party that lost or feels that the decision made by the presiding judge was unjust usually makes an appeal. Once the petition is submitted to the court, it can take an average of a year from start to finish for the appeal process. During this time the appellant must gather information to show that the trial court made a legal error that affected the decision in the case. Once the petition reaches the court dockets an appeal hearing is set where a panel of three judges will ask the attorney’s (appellant) involved in the case questions and the appellant will present...
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...Final Project: Appeals Process Paper University name here Your name here CJS/220 09/99/2012 Instructors name here What is an appeal? An appeal is a process which assists defendants from wrongful incarceration, (What are Appeal Courts for? 2004). An Appeal if successful allows the higher court to over-turn a lower court’s decision. An appeal is also a defendant’s way of challenging the court’s decision. In the Criminal Justice system, an appeal takes place when an offender “tried in court”, is found guilty, later sentenced or someone who is already convicted and incarcerated may be released from incarceration or a sentence vacated if the prison term has not commenced with a successful appeal. A sentence can be vacated via an appeal, or reduced even after the sentence has begun. In Federal court, the attorney or offender files a brief(s) in support of their motion 2255 to vacate the sentence. In Europe, they follow a different standard as follows: But it is as well to remember, for example, that while article 6 of the European Convention on Human Rights,agreed in November 1950, guarantees you a fair trial, it does not guarantee you a right to appeal against the outcome of that trial. The right of appeal is to be found in article 2 of the Seventh Protocol to the Convention which was only agreed so 34 years later, in November 1984. So, even in the legal thinking of the modern world, appeals are something of...
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