...least three landmark cases made by the U.S. Supreme Court and discuss their impact on the Juvenile Justice system. There are numerous opinions handed down by the United States Supreme Court that had a significant impact on the system of juvenile justice. As discussed in the textbook, some of the most important cases were decided in the 1960’s and the 1970’s as the “get tough” movement was taking shape. These cases include Gideon v. Wainright, 372 U.S. 335 (1963); Kent v. United States, 383 U.S. 541 (1966); In re: Gault, 387 U.S. 1 (1967); and McKeiver v. Pennsylvania, 403 U.S. 528 (1971). The case of Gideon v. Wainright, 372 U.S. 335 (1963), involved a defendant (Gideon), who, after being arrested and brought to trial,...
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...Miller v. Alabama CJA/354 Miller v. Alabama The United States Supreme Court consists of eight associate justices and one chief justice who are petitioned more than 5,000 times a year to hear various cases (Before the Court in Miller V. Alabama, 2012). At its discretion, the Supreme Court selects which cases they choose to review. Some of the selected cases began in the state court system and others began in the federal court system. On June 25, 2012 the justices of the Supreme Court weighed in on the constitutionality of life without parole for juvenile offenders. The case was Miller v. Alabama and actually included another case, Jackson v Hobbs, as well (2012). Both were criminal cases involving 14 year old boys who were convicted of murder and sentenced to a mandatory sentence of life without parole (2012). In 2009, juvenile courts in the United States handled an estimated 1.5 million delinquency cases that involved juveniles charged with criminal law violations (Knoll & Sickmund, (2012). What made Miller and Jackson so special that the Supreme Court chose to hear the case was their age and the mandatory minimum sentence each of them received at the lower level jurisdictional court. To highlight the significance, a review of the two respective cases is necessary. Additionally, after reading this paper the reader will have a better understanding of what accomplice liability and criminal liability are, and the differences between the various elements of crime, and...
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...As I have endured the Juvenile Justice course I have found some remarkable Supreme Court cases that in an essence changed the way juveniles are prosecuted today. The first case I will discuss is the Roper v. Simmon case in 1993 and the sentencing change in 2004. The second case is Yarborough v. Alvarado in 2004. I will discuss criminal justice theories that may help explain the crime. The juvenile courts and juvenile corrections prosecution and punishment of minor persons accused in each case. Also, the victims’ family’s reaction to the legislations decision to change the law in each case. This discussion should illustrate a clear picture of the importance each case played in the juvenile justice system. The Roper v. Simmons case starting...
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...U.S. Supreme Court Case CJA/354 Criminal Law The Supreme Court of the United States is the Nation’s highest court, and was established on 4, March 1789; the court is made up of a Chief Justice and five Associated Justices. From the time the United States established the Supreme Court there has been 112 Justices of the court, including 17 Chief Justices ("United States Senate Committee on the Judiciary ", n.d.). Over the years the United States Supreme Court has heard cases brought on by one state against another, between state and federal government known as “original jurisdiction” actions, cases from state courts, and cases brought up of reviewable decisions made in federal appellate or district courts ("Supreme Court Historical Society ", n.d.). The case being used for this paper has two separate cases involved, but I will only be using one as a reference. The two cases in which were brought to the United States Supreme Court together are very similar and involve teens being given life sentences without the possibility of parole for committing murder. The United States Supreme Courts case number is 10-9646, Miller v. Alabama. This case was brought to the United States Supreme Court on 20, March 2012, involving two fourteen year old boys, whom were found guilty of murder in two separate cases, and also from two separate states, one being Alabama and the other being that of Arkansas. With in each of these cases one of the boys did the killing and...
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...The Development of Juvenile Justice Throughout the development of juvenile justice, there have been many important cases that have improved the process of the juvenile justice system and safeguarded the rights of the juvenile’s going through it. However, the three cases that I believe to be the most important in the development of juvenile justice are the In re Gault or the Gault decision, the In re Winship or the Winship decision, and the case Breed v. Jones. Each of these three cases that I chose all improves juvenile justice process by safeguarding a juvenile’s rights. To begin, the most important case in the history of the juvenile justice is the case In re Gault. Gault was a 15-year-old boy who was accused of making a lewd phone call to a neighbor and taken into custody where he was held in a detention home. Even from the start, certain rights were not granted that normally would have been if Gault had been 18 years old. His mother was never officially notified of his detainment, during his first hearing there were no specific facts stated, no witnesses, no...
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...Our criminal justice system tends to swing back and forth between being more punitive or rehabilitative in nature. During the 1990’s, the pendulum swung to a more punitive approach. We wanted to get “tough on crime,” and this has led to many problems within our criminal justice system, particularly for juvenile offenders. The film “Juvies” was only a glimpse at how our current system is failing today’s youth, not helping them. It’s appalling how kids-- human beings who are still developing and growing cognitively-- can be locked away for such lengthy periods of time for criminal acts. Incarceration can have many drastic effects on a juvenile, and is more harmful than it is helpful in the long run. Even if a juvenile isn’t sent to prison for...
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...Juvenile Criminology Student’s name Institution My discussion question Adult prison system is unsuitable to meet the needs of young offenders as shown by various research studies. The process of maintaining public safety, successful integration of young offenders to the community, rehabilitation, skill development and treatment are the main goals of the juvenile system. As suggested by Howell, (2003), justice can never be served by forcing juveniles through a system never intended to process teenagers, moreover transfer laws have worsened the implications they intend to address. Juvenile justice system was essentially established because many teenagers were subjected to awful violations in adult jails and prisons hence resulting to the society as more hardened criminals. Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The...
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...20th Century Juvenile legislation It was found that Kent v. United States is a legal case Decided March 21, 1966. The Supreme Court of the United States ruled that the District of Columbia juvenile court violated the Constitutional rights of Morris A Kent Jr. Today the courts must follow the precedent set in Kent v. United States when it comes to waiving juveniles to be tried as adults. The fundamental mistake made by the District of Columbia was the lack of a waiver hearing when the decision was made to try Kent as an adult; the lack of a waiver hearing constitutes a due process violation. At a waiver hearing the prosecutor and defense attorney present evidence on whether or not the juvenile should be waivered to an adult court (Taylor/Fritsch, 2011). Supreme Court of the United States overturned the conviction of Kent and ruled that a juvenile has due process rights if being waived to an adult court (Taylor/Fritsch, 2011). The Court ruled the waiver invalid, stating that Kent was entitled to a hearing that measured up to "the essentials of due process and fair treatment". Kent's counsel should have had access to all records involved in the waiver, and that the judge should have provided a written statement of the reasons for waiver (ncjrs, 1999, para. 5 internet). This paper examines Taylor/Fritsch’s research to understand juvenile legislation. Kent v. United States is legislation that shaped the treatment of juvenile offenders/delinquents. This legislation contributed...
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...anywhere is a threat to justice everywhere”. Human beings are not entirely fit. Thus judges just like any other human being are bound to make mistakes in dispensing justice. However, Judges are obliged to be ever watchful and mindful in their endeavors of delivering justice. Every day, all over US judges dispense justice to convicted persons and defendants. However, absolute justice ideally is hardly realizable across board since its effectiveness demands human infallibility. Although it might be even harder to reap justice, justice is achievable and pursuit for justice remains a noble order. In this case, a 12 years old boy, Christopher Pittman from the state of South Carolina on February 15, 2005 shot his two grandparents using his father’s shotgun while they lay on their beds, he then set the house on fire, drove his grandparents truck and fled with cash and weapons in his possession. The petitioner, Pittman was only 12 years of age when he committed this malicious acts. He was charged with premeditated murder and put on an adult court for trial. Christopher Pittman’s defense team claimed that young Christopher Pittman remained an innocent child because he still could not differentiate what was right or wrong while under influence of Zoloft, an antidepressant. The defense urged the court to consider Pitman a child thus unable to plan and execute premeditated murder as an adult will do. The defense urged the judges to consider an equivalent reaction of a juvenile actions of such...
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...offenders. In the United States, each state has its own juvenile offender standards. The treatment of juvenile offenders in the United States has been uncertain, uneven, and controversial since colonial times. Recently the United States Supreme Court changed the juvenile justice system by declaring the frequently applied life without parole sentence to be unconstitutional. Juvenile justice systems have been forced to rethink options for punishment for youth offenders convicted of a serious crime. The juvenile justice system has developed new approaches and new methods of rehabilitating juveniles whose crimes previously may have merited the life without parole sentence. Rehabilitation through education has replaced incarceration in most newly revamped governmental policies at the state level. Several organizations in Europe and the United States have developed in the last few years devoted to liberalizing juvenile justice policies throughout the western world. The definition of a young offender is universal. A young offender is a person within a specified age range who commits a criminal offense. A variation in the specified age for a young offender is the main difference between a young offender in Abu Dhabi and a young offender in South Carolina. Most countries consider the age of seventeen the cutoff point for a young offender or juvenile and an adult. Some countries have lower age limits for what are considered juvenile offenders, and others consider persons aged between...
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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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...five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas Constitution. The Texas Supreme Court and Texas Court of Appeals has a bifurcated appellate system at the highest level. Civil case appeals by the Texas Supreme Court, which also maintains the responsibility for licensing attorneys. For appeals on criminal cases those got to The Texas Court of Criminal Appeals. In times where the Death Penalty is in question cases are automatically and directly appealed to this court, bypassing the intermediate appellate court level. Jurisdictions between the two are not shared; all civil cases go to the Texas Supreme Court hears all civil cases while the Texas Court of Criminal Appeals hears all criminal cases. However, there is one area where the Texas Supreme Court impacts criminal law which is juvenile law. Juvenile proceedings are considered civil in nature; so, the Supreme Court hears such cases. As a general rule, the Texas Supreme Court defers to the Court of Criminal Appeals when it comes to interpreting the Texas Penal Code in juvenile cases. The state of Oklahoma and Texas are the only states where this type of appellate system is at the highest level. The state of Texas has 14 Courts of Appeals, which have intermediate appellate jurisdiction in both civil and criminal cases. Each court has between three and 13 justices there are a...
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...Unit 9: Term Paper – Position Paper Introduction One of the most recent controversial issues in the U.S. juvenile justice system today involves the use of juvenile waivers. It is now possible for juveniles under the age of 18 to be transferred to the adult court system under the waiver provision. Even more surprisingly and depending on the jurisdiction, children as young as thirteen can find themselves in the clutches of the adult court system. Once these children enter the adult system, there is a possibility that a myriad of punishments can be received for their crimes. Of these punishments, life without the possibility of parole (LWOP) appears to be the most stringent and the hardest to swallow. According to a Juvenile Life Without Parole Fact Sheet, “A LWOP sentence is the harshest sentence given short of execution. The sentence means that an individual will not be given the opportunity for parole review and is condemned to die in prison” (Citizens for Juvenile Justice, 2008). For some, the idea of having a child spend the rest of their natural lives behind bars for capital and even noncapital crimes can be daunting and unfair. For many young people, they are at the point in their young lives where they are still trying to figure out who they are and they willingly test certain boundaries. Life in prison without parole attempts to snuff out what little life they have just begun to build. However, many would also argue that if you are capable of doing adult crimes and...
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...The juvenile justice system started off a little rocky but got better over time. It started in 1899 in Chicago Illinois; it was mainly nothing more than a minor speaking to a judge and the fact that the juvenile lacked legal representation. They wanted to avoid placing minors in the same jails as adults so the early juvenile courts created a probation system mainly to provide minors with guidance, supervision, and education. Over time every state had followed Illinois lead and created a juvenile court. In 1967, in the case of In re Gault, the U.S. Supreme court determined that juveniles have the same rights given to adults accused of crimes, also giving them the rights to an attorney, and the right to confront a witnesses against them. Later the Supreme Court also gave the youth rights to have a trial, and constitutional rights against double jeopardy. Most states consider delinquency as crimes that were committed by a child under the age of 18 at the time; most states also allow some minors to remain under supervision of juvenile court until they turn 21. Juveniles tend to slip up and get into some trouble that is why they should be allowed to have a different court system than the adult court system because minors do not have the capability to think as clearly as adults do. But in some cases juvenile will get treated as an adult depending on the nature of their crimes, states statutes identify the kinds of cases that a prosecutor can transfer to adult court. They will take...
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...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). The magistrate court “does not hold...
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