...Moore recommends that the juvenile courts should be provided with more legal power to hold parents and other community agencies accountable for the care and the behavior of the children and other minors. This model proposes that the “courts should be able to bring parents in as parties in status offense and delinquency cases and compel them to be involved in the rehabilitation of their delinquent or status offending children. In addition, the federally mandated power of the court to monitor the efforts of social service agencies with regard to services offered to families in child abuse and neglect cases would extend to delinquency and status offense cases as well.” This model has already seen the light of the day in some states like Oregon, where judges are allowed to fine parents or require them to attend parenting classes if their children violate a law. Edward in his article (Edwards and Baron, 1995) focuses more on the structural issues within the juvenile court system wherein sometimes same families appear before different branches of the court system for family related matters, which leads to a lot of duplication of effort to learn about same people by different judges. It may also subject a family to conflicting court records. Therefore, the recommendation is that the courts should coordinate case processing by different branches of the general court that handle family related matters. This includes the juvenile court. Juvenile courts should also encourage the development...
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...role in the issues surrounding the divorce and what will happen to them as part of this procedure. The court is ultimately responsible for making sure the children’s best interest is reflected when deciding what happens to them after a divorce. Parents play a key role in this decision making, though if conflict between the parents causes them to fight and not be able to come to an affable arrangement, then the courts must decide for them. This paper explains what the court expects from parents, surrounding divorce and custody issues, how they can best resolve those conflicts, and why it is best to solve those issues in the interest of the children. Keywords: Custody, physical custody, legal custody, temporary custody, joint custody, alternative dispute resolution, child custody mediation, collaborative law, parenting plan, child support, child custody evaluation, visitation, parental rights and responsibilities, temporary order, final order. Custody of Minor Children after Divorce in the State of Vermont When parents decide they no longer want to live together, they separate and if married, usually divorce. There can be many reasons for this, however, they all stem from some sort of conflict between the two parents. When separating with children, there are laws parents face when dealing with issues such as where the children will live. Parents must go to court and file paperwork even if they have not decided to divorce. When tensions already run high between parents...
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...Gender Bias in U.S Court System Intro #1 Throughout U.S history women had been known as properties belonging to a man. Women are seen as objects while the men are seen as an individual self. It took many years before the U.S Government amends and adopted new laws in order for women to be label as equals’ of men. One of the biggest movements in U.S history was the Feminist Movement in the 1960’s where groups of women fought to gain equality for women in the life, workplace, home and also to bring awareness to violence against women. Shame on all those women of the 2000’s who now use these laws to their advantage in family, civil and criminal court to bring men to their knees, and to erase fathers from the lives of their children. False allegations by women of child abuse, domestic violence, and stalking are almost never questioned by judges for fear of being politically incorrect. Intro #2 In the late 1980’s there was a controversial murder case where two people, brother and sister both of whom committed the same crime. They were tried and found guilty of murder of a woman who was the girlfriend of the sister’s ex-husband. What's most shocking is the sentence that was handed to them. As Marc Angelucci puts it, a Time columnist writer, “She gets 10 years in prison. He gets the death sentence.” This is just one of many absurd cases of discrimination against men in the U.S Court system. Family court a) List a few case studies and its relevance to the research...
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...What did the defendants do with their land that the plaintiff’s considered “unreasonable and substantial”? Since 1947, the cook family have living near Lake Winnipesauke in Moultonboro NH. In 1996, the defendants, John and Diane Sullivan bought property near the Cook family residence. They decided to construct their home on a piece of wetland, but before they could, the area needed to be back filled, the elevation was then raised and then their home was place. Shortly after, the plaintiff’s, the Cook family, realized their yard, garage and lower level of their house was flooding every spring and summer. They confronted the Sullivan’s, who proceeded to try several remedies for the situation including removing some of the fill and digging a drainage ditch. Yet, when those remedies did not work, the Cook’s decided to sue the Sullivan’s for nuisance. 2) How does the court decide whether or not a use of land is unreasonable? What kind of thinking process does the court go through? The trial court rules in favor of the plaintiff’s, stating “the defendants’ construction activities constituted as a nuisance that damaged the plaintiff’s property” (O. Lee Reed, 2013) The trial court proceeded to order the defendants removal of fill and foundation, thus resulting in the removal of their house and pushed back about 40 feet. During this trail, the court took time looking at both sides of the story, using the balance test to determine the gravity of harm to both the defendants and...
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...4. Introducing A.D.R. in Bangladesh Justice Mustafa Kamal Former Chief Justice Supreme Court of BangladeshWHY A.D.R?The Vagaries of Civil LitigationA. D. R. means Alternative Dispute Resolution, mostly applied to civil cases. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under Order X CPC (in fact no such first hearing takes place), they seldom try to shorten the disputed questions of fact and law by application of Orders XI and XII of the CPC and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. contained in those Orders, the issues of a case are seldom framed following the Code of Civil Procedure, the case takes several years to reach a settlement date and on the date of positive hearing half a dozen or more ready cases are fixed for hearing, resulting in the hearing of none. In the meantime years roll by, presiding judge of a single case is transferred a number of times, witnesses of a single case may be heard by more than one presiding judge, arguments are listened to may be by another presiding judge and judgment may be delivered by a presiding judge who had had no connection with...
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...REPORT ON COURT ROOM OBSERVATION. This report is based on my observations carried out in two Courts in England and Wales precisely in Manchester. The report is in two parts, one on civil jurisdiction and the other one on criminal jurisdiction. This visit has afforded me the opportunity of witnessing “law in action” different from “law in books”. I have also been able to compare both the civil and criminal process and proceedings. The two courts I visited are both in Manchester. The Crown court I visited is situated in an old building commissioned years ago whereas the magistrate court is situated in an ultra modern building commissioned not too long ago. I have read books and journals enumerating the differences between the judges and magistrates. This court room observation has given me he on the sport assessment of the differences between the two courts and many other questions that I will be addressing in the course of this report… As we were advised, my first visit to the courts (Magistrate and Crown Courts) was to find out about the time and the cases. I discovered that youth cases and family are not opened to the public and at this point, I was able to decide on the dates to attend the courts and the types of cases to observe. “The Magistrates’ courts are purely the courts of first instance”. The Magistrates in England and Wales are lay men without the knowledge of law and they are also referred to as “Justices of the Peace” but they are assisted by a Justice’ clerk...
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...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 relations disputes (divorce, child custody, visitation), and is often ordered by the judge in such cases. Mediation also has become more frequent in contract and civil damage cases. There are professional mediators, or lawyers who do some mediation for substantial fees, but the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to...
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...Future of the Juvenile Justice System Courts: Many changes need to happen to allow a better future of the juvenile justice system. “The elimination of some of the court’s delinquency function as more and more jurisdiction over youth criminality is transferred to the adult criminal system. Another possibility is the removal or reduction from juvenile court jurisdiction of status offenses, including truancy, beyond control of parents, running away from home, and other noncriminal conduct. Instead of utilizing the juvenile court, this type of behavior would beaddressed increasingly by community-based services. A third possibility is the juvenile court’s expanding jurisdiction over abuse and neglect cases.Oversight of abuse and neglect cases and of the social service agencies whichdeliver services to families has become a major portion of the work of the juvenile court” (Hanson, 1996) . “The juvenile court of the future should be able to take advantage of community resources more effectively by turning to volunteers and public-private partnerships for support. Communities seem ready to give their time and resources to children and families. The challenge for each court will be to identify the most effective ways by which communities can be organized to work with the court on behalf of children” (Hanson, 1996). Corrections: There are a few sections that need to be addressed in order to make a better future for juvenile justice system. The points are as follows: I. Create...
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... In addition, the information was not based on a very wide demographic as well as each state having different definitions of Domestic Violence making it hard to accurately determine the expenses to the court system. A revision to the current legal system would need to be done in order to protect the victims and combat the cost of domestic violence on the courts. As the issue of domestic violence became noticed, it started to overwhelm the legal system. In calculating the Cost of Domestic Violence on the legal system, namely the courts, you must include offender programs, the cost of recidivism, and administration. OFFENDER PROGRAMS A domestic violence court promotes a coordinated, multi-disciplinary approach to improving the criminal justice system’s response to domestic violence, family violence and child abuse. The domestic violence court specializes in a court docket handled by a dedicated judge and court staff and linked to key partners, which serves to address gaps in traditional domestic violence case processing where multiple judges and prosecutors handle various aspects of the case. Victim and child safety is paramount in developing a project and all components of a domestic violence court must keep this goal in mind. Vital components in the domestic court are the need for trained...
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...working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases. Pretrial court is usually within a week from the date that you committed the offense. Did you know that if you can't afford a lawyer, the court would appoint you one? It is the law that you have to be represented by a lawyer during the time of your trial unless you sign a waiver to not have a lawyer at all. People are represented in court by two kinds of lawyers, court-appointed lawyers and public defenders, which mean "hired lawyers" (Green, 2001). People that have higher income can hire their own lawyers. The lower and middle-income people are mainly the ones who rely on court appointed lawyers. These people don't have the money to hire a lawyer. Court appointed lawyers are not working in your best interest for many reasons. Salary is one reason why court appointed lawyers don't go up and beyond their call of duty for their clients. Studies show on an average, people will be sentenced harder or longer if he/she is represented by a court-appointed lawyer rather than a public defender (Green, 2001). Court-appointed lawyers are paid by the state on a case-by-case basis. Court appointed counsel's...
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...through regional Courts Board areas * Each area responsible for delivering training * Delivered by Justices’ Clerk * Local Magistrates’ Area Training Committee sets training priorities – agrees annual training plan * Magistrates’ Association consulted on training * Works with Judicial Studies Board to develop materials Training of Magistrates * Each year Court Service and JSB produce minimum training document * Sets out minimum training provision and additional training * Not all training for all magistrates * Compulsory training for new magistrates designed to prepare them for sitting in court * Usually delivered locally by Justices’ Clerk Includes: * Basic introduction to role and responsibilities * Preliminary reading and three days of training * Three court observations * Visit to a prison * Visit to young offenders’ institution * Visit to probation service facility * After completion can start to sit in court * New magistrate then develops in role * After a year receives consolidation training * Normally for two days equivalent * Includes training on law procedures and skills * Best way to learn is from experience in court * All new magistrates given a mentor - especially trained magistrates * In first year have at least 6 sessions with mentor * After 2 years opportunities to specialize * Youth court or Family Proceedings...
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...CPLR 5015(a) is a frequently invoked provision in New York practice. It lists the principal grounds on which a judgment or order may be vacated. It provides (verbatim) that “[t]he court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: * 1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or * 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial under section 4404; or * 3. fraud, misrepresentation, or other misconduct of an adverse party; or * 4. lack of jurisdiction to render the judgment or order; or * 5. reversal, modification or vacatur of a prior judgment or order upon which it is based.” Siegel, N.Y. Prac. § 426 (5th ed.) Not Every “Default” Qualifies for the Vacatur Motion of CPLR 5015(a)(1); If There Was Full Contest, Appeal Is Proper Route The point is by no means new. We make it in the original Commentary at page 209 in the main volume. A good illustration of the competition between a CPLR 5015(a)(1) motion to vacate the judgment and an appeal from the judgment appears...
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...justice systems into their respective columns. Place the characteristics that are relative to both the juvenile and adult systems into the column labeled “Both”. * Individuals arrested have the right to receive Miranda warnings. * The purpose of the procedures is to punish the guilty. * Individuals on trial have the constitutional right to a jury trial. * Court jurisdiction is determined by age. * Individuals have the right to counsel. * Individuals on trial do not have a right to a jury trial. * There is the ability to negotiate and plea bargain. * Court proceedings are public. * Purpose of procedures is to protect and treat. * Proceedings are not considered criminal. * Justice system personnel use discretion. * Court proceedings are private. * Court jurisdiction is determined by offense. * Proceedings are considered criminal. * Prosecutors and defense attorneys are key players in proceedings. Juvenile Justice System | Adult Justice System | Both | Court jurisdiction is determined by age.Court proceedings are private. | Court proceedings are public.Court jurisdiction is determined by offense. | Individuals arrested have the right to receive Miranda warnings.The purpose of the procedures is to punish the guilty.Individuals on trial have the constitutional right to a jury trial.Individuals have the right to counsel.Individuals on trial do not have a right to a jury trial.There is the ability to negotiate...
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...CCJ12 Court Report: 1. Which court did you attend and what was the date of your attendance? I attended Sydney Downing Centre Local Court in New South Wales on Friday. 2. What kind of hearing did you attend? (e.g. sentence, summary trial, committal hearing, jury trial, mention, call-over etc) I attended a sentence hearing for the matter R vs Williamson. His Honour Judge D Frearson SC presided. The defendant had pleaded guilty prior to this hearing on 15th October 2013. 3. What were the charges against the defendant? Were these summary or indictable offences? How did you know this? Williamson entered a guilty plea to four major charges related to cheating and defrauding Health Services Union (HSU), creating false documents with the intention to deceive, and the recruiting of others to hinder a police investigation. Of these four charges, Williamson was charged with two counts of Director Cheat and Defraud which, which according to s.176A of the NSW Crimes Act 1900 No 40 carries a maximum penalty of ten years, one count of Officer Publish False Statement which carries a maximum of seven years according to s.192H of the Act, and two counts of Recruiting Another to Assist in Carrying out a Criminal Act s351A(1) of the Act. There were four forms of this count each carrying a maximum penalty of seven years per form. In Australian common law jurisdictions (New South Wales, South Australia and Victoria) an indictable offence is an offence that is tried on...
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...the differences between juvenile court and adult court. I am also going to talk about the definitions of delinquency and status offenses. I will briefly describe the variables that correlate to the juvenile crime rate and make recommendations for reducing juvenile crime. There are several differences between juvenile court and adult court. “According to the Department of Juvenile Services (2014) History of Juvenile Justice in the United States,” from a historical perspective the juvenile court systems is relatively new. It was stated that in the late 1960‘s that youth did not have constitutional rights. In 1967 the U. S. Supreme Courts ruled that even though juvenile courts were civil proceeding, individuals subjected to these proceedings still faced potential loss of liberty. The Supreme Court ruled that all youth offenders in juvenile court proceedings that faced possible confinement have the following constitutional rights: The right to receive notice of charges, The right to obtain legal counsel, The right to confrontation and cross – examination, The privileges against self – incrimination, The right to receive a transcript of the proceedings, and The right to have an appellate court review the lower court’s decision (The Department of Juvenile Services , 2014). However, many of these juvenile courts vary from state to state. One difference between juvenile court and adult court is one’s constitutional rights. In the adult court of law, the adults have the constitutional...
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