...Minors and Violent Crimes ENG 215 August 27, 2014 Minors and Violent Crimes Juvenile crime has been a national crisis for quite some time. Research from 2010 showed that there were approximately 225 arrests for violent crime offences for every 100,000 youth between the ages of 10 and 17. The violent crimes committed by juveniles has been reported to be at its highest during the after school hours. Research has also shown that approximately 8% of all homicides in the U.S. were committed by juvenile offenders (Office of Juvenile Justice and Delinquency Prevention). These alarming statistics prove that minors should be held accountable and be tried as adults in the judicial system. Some may argue that minors have a better chance of being rehabilitated but at the same time minors could become “career criminals”. Steinberg (2001) remarks with the following: Variability among individuals older than 12, but younger than 16, requires that some sort of individualized assessment of an offender's competence to stand trial, blameworthiness, and likely amenability to treatment be made before reaching a transfer decision. The U.S. judicial system should treat minors who commit violent crimes as adults to enforce accountability, to prevent repeat offenders, and to deter others. Factoring Accountability Holding teens accountable for the violent crimes they commit by punishing them as an adult is a social complexity but it is incumbent. Some may view a minor being tried...
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...606: The Transferring of Juvenile Offenders Commentary Three Dr. Yaschica Williams The most serious juvenile crimes have always been the political Achilles’ heel of the American juvenile court Fagan & Zimring (2000). Even when public opinion is tolerant of juvenile delinquency, the teen killer is the nightmare case for the juvenile justice system. In an age where the phrase juvenile super predator is often heard in the federal congress and state legislatures, the deep-end adolescent offender is a particular threat to public acceptance of the mission and objectives of juvenile justice. It is little wonder, then, that legislation concerning transfer is a near-universal feature of the politics of juvenile justice. The traditionally stated purpose of judicial wavier is to permit individualization of the decision whether a particular person is capable of being rehabilitated in the juvenile system-the amenability decision Fagan & Zimring (2000). In addition, the judicial wavier procedure provides a safety value for the juvenile system to exclude children who commit offenses that are believed to require the imposition of sanction that are beyond the capacity of the juvenile system to provide. Some form of judicial wavier or a substitute safety value is necessary in order to preserve the juvenile justice system politically within the context of modern penological expectations. It is difficult empirically to evaluate the contemporary role of judicial wavier in the overall context...
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...Punishment and Sentencing Abstract In general, a juvenile cannot be tried in an adult court. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. In juvenile courts, a juvenile is entitled to Due Process Rights that include a transfer hearing before trial in adult court, notice of charges, and assistance of counsel, amongst others. However, juveniles are not entitled to a trial by jury, mandatory presence of parents during interrogation, and right against preventative detention. Punishment and Sentencing In general, a juvenile cannot be tried in an adult court. Instead, crimes committed by juveniles are handled in special juvenile courts that have limited jurisdiction, which is determine based on the offender being under the age of seventeen and above a state defined minimum age. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. Under statutory exclusion, juveniles that are generally older and commit crimes of a serious or violent nature can be tried as an adult. Under a judicial waiver, the juvenile court judge has the ability to send the case to an adult court. State statutes guide the juvenile court judge in determining which cases can be judicially waived. In doing so, a juvenile court judge must hold a waiver hearing to give due process protections...
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...which are presently active today. They consist of Teen Court, Juvenile arbitration groups, and Neighborhood Accountability committees. These diversion committees are available to those children who have disobeyed the laws so that they will have a speedy and straightforward bearing that stresses the seriousness of a valuable citizenship, individual honesty, and family connection. The preceding are various contributors of the juvenile delinquency. The primary goal of these programs are to redirect people of young ages that have violated the law for the first time from becoming more involved with the criminals justice system (Sixth Judicial Circuit, 2012). A delinquent child in Florida is either sent the Arbitration program either by the judge or the State’s Attorney’s office so that a consultation can be heard between the victim’s parents, defendant, and the victim. A discussion of what took place and the reason the defendant is there along with a detailed arrangement for the victim to abide by while under these conditions for punishment. A completed contract will need to be signed outlining the stipulations before the close of arbitration. Each case is handled differently and has separate assignments. Juries that are present during teen court along with community boards are responsible for handling down the assignments. The repayment can be such as making amends to those who were disturbed by the defendant (Sixth Judicial Circuit, 2012). In the State of Florida today sanctions...
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...fits into our sociology class as well as how this article differs from non-scholarly periodicals The article begins by describing the issue of increasing numbers of adolescent girls being entered into our nation’s juvenile judicial system. The study aims to assess the most common risk factors that are affecting adolescent girls being entered into the juvenile judicial system. It also aims to find the effectiveness of the prevention factors in place to keep adolescents out of the system. For the study a survey was administered over the course of nine months to a hundred and fifty-nine adolescent girls. These adolescent girls were broken into three categories delinquent, diverted and high-risk. Delinquent girls are the girls that have been entered in the juvenile justice system in some form ranging from home care to a penitentiary. The diverted girls group consists of girls that have engaged in behaviors that have brought them to the attention of the juvenile justice system but instead of being entered into the judicial system were referred to some form of community-based services. Lastly is the high-risk group which are girls are receiving services in programs as a result of problems or behaviors that have them at risk of involvement with the juvenile justice system. The risk factors assessed included delinquent behavior, experiences of discrimination, negative life events, child trauma such as abuse or neglect, depression and suicide...
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...Court Systems in the State of Virginia Kimberly Vega Business Law Professor Kent Court Systems in the State of Virginia The structure of the court system in the state of Virginia contains several different courts of varying levels which ultimately form the Virginia Judicial System. These courts are broken down by specific function with several courts falling on the same general level albeit with key functions that separate them from the rest. Virginia’s judicial system is comprised of the Supreme Court of Virginia, the Court of Appeals of Virginia, and circuit courts in 31 judicial circuits. General District as well as Juvenile and Domestic Relations district courts exist in 32 judicial circuits, as do magistrate offices. The magistrate offices serve the Commonwealth of Virginia through 32 judicial districts. The primary function of the magistrate office is to ensure the eligibility of bail for an arrested person by conducting probable cause hearings. These hearings are based on complaints of criminal behavior that are brought to the magistrate’s attention either via law enforcement officials or by the general public. This is typically the first step in the hierarchy of Virginia’s judicial court system. The Juvenile and Domestic Relations Court (JDRC) serves the Commonwealth of Virginia in all 32 judicial districts as well. This court system has a limited jurisdiction, focusing specifically on trial cases...
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...Juvenile and Adult Courts: A Comparative Analysis Paper Cristal Irvin CJS/245 April 7, 2015 Samantha Brown Juvenile and Adult Courts: A Comparative Analysis Paper At one point in history there was only one system of justice for the people of the United States. As time went by, the justice system shifted into two structures which are known as the Juvenile and Criminal Justice System. It was recognized that children and adults were not committing the same crimes. The states responded to this issue by establishing a system that differentiates juveniles from adults by creating the juvenile court system. The Juvenile Court is a complex structure that in order to understand it, one needs to know the process of when a juvenile enters the system. The American Juvenile Justice System is put into place to focus and manage juveniles who are caught and convicted of crimes. The system is formulated by agencies that consist of police officers, prosecutors, juvenile courts, probation officers, and the Department of Juvenile Corrections. The system functions by agencies taking various steps when dealing with a juvenile. The first step is determining who is a juvenile. In most states a juvenile is considered a child between the ages of ten and eighteen and in some states they can set the maximum age as sixteen. When a police officer encounters a juvenile that has committed a crime the police officer has several options on handling a juvenile who has committed a delinquent act. Depending...
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...California Courts In the United States there are two separate judicial systems, the state and federal. According to USCourts.gov, every “state has its own system with most having specific courts such as juvenile court, probate court, family court, and others that oversee specific legal issues.” (Judicial Council of California, 2012). Where Federal court deals with constitutional law, or in cases between two or more states, California state court deals with criminal, contractual, and family related cases. California’s courts are an independent branch of the California government. The California State Court enforces laws, resolves disputes, and protects individual rights. The court system is also responsible for interpreting laws passed by our legislative and executive branches. Some laws are entirely made by the courts, known as common law, and evolve on a case-by-case basis. To help the courts determine the outcome of any case they have many resources available to them: the constitution (both U.S. and California), statutes, regulations, and prior decisions made by them or higher courts (precedent). Similar to the federal government, the California state government is divided into three separate branches; the legislative, executive, and judicial branches. The legislative branch is the one that enacts the laws; the executive branch is in control of seeing the laws are carried out; and finally the judicial branch where the state settles disputes and interprets the laws...
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...History of Juvenile Justice System: “Many people believe juvenile courts were invented to "go easy" on young criminals. The actual reasons are more complicated. The 19th Century reformers who advocated the establishment of juvenile courts were just as interested in crime control as they were in social work. Admittedly, some reformers were motivated by a desire to save growing numbers of poor and homeless children from the streets of America’s cities. Others, however, were mainly interested in removing the legal obstacles that prevented criminal courts from dealing effectively with young hoodlums” http://www.urban.org/publications/307452.html The Juvenile Justice System was founded on the principle that “children are fundamentally different from adults, and that the justice system that deals with them should reflect these differences” (Setting the stage). Two themes make the system: the welfare of young offenders and the protection of public safety. “State legislatures are responsible for establishing juvenile courts and for framing their legal responsibilities. Thus, state lawmakers have the power to decide who falls under the jurisdiction of the juvenile court and who remains under the jurisdiction of the criminal court. At one time, the issue was relatively simple. States merely decided at what age an individual was to be fully responsible for his or her criminal behavior. Offenders above that age were tried as adults in criminal court; those below it went to a juvenile court...
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...Court System Paper Jeffery Seigler AJS/502 11/10/2014 Donald Savell The Court system in America is one of the best court system in the world and each of the states inside the United States has its own unique system that they operate under. Each state has state laws and rules that are unique to their state and jurisdiction. There are different levels of the court system with each level performing a specific job and duty under the Constitution of America. So in this paper I will discuss the different levels of the court system and the function that they do. I will also give an overview of a major criminal court proceeding and discuss the elements and components of the court system. I will also identify and describe the distinguished features of the major court system ranging from the state-level Superior Courts, the Federal District Courts, through the U.S. Supreme Court. The State of South Carolina, Respondent V. Jarmel L. Rice, Appellant The Appellant in this case Mr. Rice plead guilty to one count of assault with the intent to kill and three counts of armed robbery and was sentence to 11 years in prison. At the time of this conviction Mr. Rice was only 15 years of age at the time and after a contested waiver from family court his case was sent to general sessions court were his sentence was handed down which bring us in front of the courts of appeals. Mr. Rice and his defense attorney Mr. Robert M. Pachak are arguing that Mr. Rice...
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...Capital Punishment Is No Resolution For Juvenile Offenders Juvenile Delinquents Should Not Have To Worry About Capital Punishment Tkemia S. Gibson 1000 Huntington Mews. Clementon, New Jersey 08021 Juvenile Delinquency Capital Punishment 2 Introduction/Abstract….. page 3 Judicial System…… page 5 Juvenile versus Adults…… page 6 Rehabilitation……. page 8 Conclusion……. page 9 Reference page… page 11 Capital Punishment 3 Introduction/Abstract In today’s society our judicial system has been trying to use rehabilitation, treatment services, and reformation to aide our youth in place of Capital Punishment. Capital Punishment was done away with on March 1, 2005. When dealing with medical research and therapist teams the process has become more opened to helping juveniles to overcome any negative behaviors in the legal system. Capital Punishment 4 Capital Punishment over the years has always been one of the most controversial topics that stay in communication with our legal system. In committing murder as a child, it is hard not to become judgmental in thinking that a child knows right from wrong. When thinking of a teenage child committing murder at times you may think do they really realize what they have just done and do they even know the consequences. My position is juveniles who commit the act of murder should not have to suffer the resolution of capital punishment because they are still children and their brains are not...
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...Vanessa Wright June 5, 2011 Comp Inter Legal Systems Project 1: Compare and Contrast France and England CJS Albany State University Criminal justice systems across the world vary depending on what country you reside in. Criminal justice systems are representations of what the country will accept and what they will not tolerate regardless if you are a minor or an adult. Some countries put you in the same category, but one thing all criminal justice systems do are protect the people of its country and make sure they are safe. The duties of the criminal justice systems across the world range from detecting crime to running the whole country. Every country has a criminal justice system including France and England. France’s criminal justice can be compared to England’s criminal justice system in many ways but it also can be contrasted. There are many similarities between the two, but what ultimately makes one country enforce their laws more strictly may be the greatest difference between the two. Within France, there are two major principal police systems which employ more than 145 thousand people. The two major principal police systems are the National Police and The National Gendarmerie. The Director General of the National Police includes the inspector general of police, judicial police, general intelligence, public security, territorial surveillance, control of the borders, and republican security company. The...
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...u recently asked me to undertake and enormous task of creating a new court system for the 53rd state of Puerto Rico. I took the outline from three state court systems of New York, Alaska, and Colorado. I divided the State into 4 equal parts to distribute the courts equally. Puerto Rico court system will consist of Town or village courts, Municipal (County) courts which also have sub courts, Appellate Court and the Highest Court in the State the Supreme Court. Robert Owens once said “Courts of law, and all the paraphernalia and folly of law cannot be found in a rational state of society” “The current Judicial System is directed by the Supreme Court. The Supreme Court is formed by 7 judges (a chief justice and six associate justices) named by the Governor. The structure of the Judicial System includes a Court of Appeals, Superior Court, a District Court (civil & criminal), and Municipal Court. There are 12 judicial districts. The State of Puerto Rico also has a district court comparable to those of the states of US. Each district court has at least one district judge and can have more than a score of district judges, as well as a clerk, a United States Attorney, a United States Marshall, one or more United States Magistrates, bankruptcy judges, probation officers, court reporters, and their staffs. Each state has a court system that is independent of the Federal Court system. State courts have trial courts at the bottom level (village, town) and appellate courts at the top. Some...
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...Courtney Lyles, Research Component: Georgia Court System, April 6, 2014 | | | The state court system is the second component of the dual-court system of the American court system. With the passing of the Reorganization Act of 1801, state court systems began to follow a “three-tiered structure of trial courts of limit jurisdiction, trial courts of general jurisdiction and appellate courts” (Schmalleger, 2014, p. 206). The Georgia court system is composed of five classes of trial level courts, which include the magistrate, probate, juvenile, state and superior courts; in addition to those five trial level courts, the Georgia court system also includes about three hundred fifty municipal courts, which operate on a local basis. The Court of Appeals and the Supreme Court make up the two appellate level courts of the Georgia court system (Georgiacourts.gov, 2014). The magistrate court is a trial court of limited jurisdiction, and the magistrate court of the Georgia court system includes one hundred fifty-nine courts and chief magistrates and three hundred thirty-three magistrates (AOC, 2014). The magistrate courts “issue warrants, hear minor criminal offenses and civil claims involving amounts of $15,000 or less,” “it is the first resort for many civil disputes…in criminal matters magistrates hold preliminary hearings, issue search warrants to law enforcement and also warrants for the arrest of a particular person…or set bail for defendants” (Georgiacourts.gov, 2014)....
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...The Racial Disparities and Incarceration of Juvenile Delinquents Mario M. Tate University of Memphis Abstract The criminal justice system has had to enact harsher treatment due to the erratic and unpredictable nature of juvenile delinquents who refuse to follow the law. The age ranges for juveniles that are being considered in this study are 12-18 years old. I want to address the ever growing problems of racial disparity and incarceration of juvenile delinquents, who tend to not have any other options, but being arrested and are preyed upon because of their racial make-up. Single parent households, lack of education, supervision, and economics are some of the contributing factors which have lead many juveniles down the road to their deviant behavior. Data has been collected to try and understand the reasons for the defiant behavior of juveniles, so advocates may assist them in remaining with their families; through constant monitoring and evaluations of behavior and actions of our children they may stand a significant chance of growing up to be prosperous and productive adults. Also increased funding through the Juvenile Justice Prevention Act will help local state and county municipalities’ kick-start programs to assist today’s youth. Keywords: juvenile delinquents, incarceration, racial disparity, juvenile justice, racial discrimination, jail, juvenile courts The history of juvenile delinquency and racial disparity has gone hand in hand for a very long time and...
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