The family court involves cases with domestic and family relationships. Family courts hears all cases concerning marriage, divorce, legal separation, custody, visitation rights, termination of parental rights, adoption and many more. In child maltreatment family court plays an important role because they have right for termination of parental rights. The judge must decide there is clear and convincing evidence that there is a reason for terminating your parental rights. This means the judge has to be very sure about the case against you. For instance, say a child has been abused or neglected, and your home can’t be made safe within 12 months, the judge may terminate your parental rights.
Second, the magistrate court has a criminal trial jurisdiction over all offenses subject to the penalty of a fine but not exceeding $500.00 or imprisonment not exceeding 30 days, or both. Magistrate can also set bail, conducts preliminary hearing, issue arrest warrants, and issue search warrants. In child maltreatment magistrate courts play an important role because the judges can conduct preliminary hearing and issue an arrest warrants for the offender if they have sufficient evidence. For an example, say a child is being abuse by her father and the evidence is present to the
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The criminal court are courts of general session. Criminal court is involved in child maltreatment due to the level that child abuse or neglect can arise to a level of a crime. This level could include sex offenses or those that result in the death of, or serious injury to a child. It all depends on State law and the circumstances of the case; not all criminal acts, however, are prosecuted. For an example say a child was taking to a hospital after being abuse by their father. The examination showed that child has been beaten within inches of their
One of the fasting growing juvenile treatment and interventions programs are known as teen courts. Teen courts serve as an alternative juvenile justice, to young offenders. Non-violent, and mostly first time offenders are sentenced by their peers’ in teen courts. Teen courts also serve as juvenile justice diversion programs. Teen courts vary from state to state, and sometimes within the same state. With this program, all parties of the judicial setting are juveniles with the exception of the judge. Each teen court, is designed specifically to meet the needs of the community it serves. Teen courts were created to re-educate offenders throughout the judicial process, create a program with sanctions that will allow the youth not to have a juvenile record, and to also instil a sense of responsibility.
This quote by Edward Humes sums it up the best, “The fundamental question Juvenile Court was designed to ask - What's the best way to deal with this individual kid? - is often lost in the process, replaced by a point system that opens the door, or locks it, depending on the qualities of the crime, not the child.” (No Matter How Loud I shout, 1996, p. 325). The courts need to focus on what is best for the child and finding punishment that fits the child not the crime.
Municipal courts have limited jurisdiction over violations of city ordinances, the issuance of criminal warrants, and traffic violations within city limits. Municipal courts also conduct preliminary hearings. There are 370 municipal courts that are funded by the city or town in which they preside. 350 judges oversee the courts and they are either appointed or elected.
Demetria suffers from ADHD and anxiety/depression so instead of her going to a rehabilitation center she was sent to a juvenile shelter. She later then ran away from then shelter but was found by the police and they locked her up. In juvenile court they will determine what actions should be taken if the juvenile is deemed a delinquent. This stage differs from the adult system in the purpose of the action. In the adult system, the goal is to punish. In the juvenile system, on the other hand, the goal is to rehabilitate and serve the minor 's best interest. But sometimes they still treat the juveniles as if they were criminals by calling them by their inmate numbers instead of their names. The only difference between Juvenile court and Criminal court is that in the juvenile justice system, the main aim is to rehabilitate and reform the juvenile offender so that they can resume functioning normally in society. Thus, the focus is more on alternative sentences that keep the juvenile out of jail, such as probation, parole, and diversionary
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
State trial courts are the first level in the court system. “State trial courts are responsible for arraigning a defendant, impaneling a jury, hearing and evaluating evidence, determining the facts, pronouncing judgment and imposing a sentence” (Wright, 2012). Trial courts are first in line to hear a case and determine how the court will continue with each particular case. Trial courts are also known as “finders of facts,” this is the key thing that separates them from the rest of the courts. Trial courts are determined to ensure that they have all the facts and if, so they will make the determination if the court will proceed with prosecuting the accused, and if the evidence is convincing enough the courts will sentence the accused.
The choice of this paper is to discuss the best practices of conducting child custody evaluations and the diverse roles of the child custody evaluators and the counselor. Mental health counselors are called upon to help with the plethora of custody cases in the judicial system for evaluations. Family courts counselors provide invaluable services as forensic experts or with treatment. Due to the uniqueness of each instance it is imperative that the mental health counselors comprehend the diversity in each instance. The counselors must also be able to practice ethics and legal to prevent the ramification in malpractice.
The United States District Court is also the general trial courts of the federal court system. They have the authority to deal with all cases, both civil and criminal. In a trial court, the district judge examines the case and the jury decides the case. A magistrate judges, who is appointed by the district judges, assists the district judges in a trial case. They oversee cases such as issuing a search warrant and arrest warrants, conducting an
Child abuse can vary state-by-state, All states have child abuse laws that are designed to help protect children at each stage in the timeline of abuse. For the first stage, states have implemented mandatory and permissive reporting laws – with immunity (and in most states, anonymity) granted to reporters of known or suspected child abuse. Mandatory and permissive reporting laws help to raise awareness of child abuse and bring the authorities in early to intervene. The second stage of child abuse laws are definitional in nature. States differ quite a bit on what constitutes child abuse, especially when it comes to exemptions. At the third stage comes administrative services, where the courts work with social services to determine a safe and supportive environment for the child if the child is to be taken away from his or her family. Each state has vastly different statutory law and case law, and much of this process is up to the discretion of a judge, so if you have an issue at this stage of the process, it is critical that you seek the help of a qualified attorney.”Child abuse is more common than many people care to believe. In the United States each year more than 3 million reports of child abuse are made which involve almost 6 million children. Each day 4 or 5 children are killed by child abuse or neglect. Children whose parents abuse alcohol & drugs are 3 times more likely to be
Judges are supposed to be fair and unbiased in their decisions on dealing with child custody case. If any, bias on the part of individual judges can be avoided if the parents can decide between themselves what the custody or parenting arrangements should be.
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
The issue in this question is whether Fariz could claim the custody of both of his children, a daughter aged 10, who was born five months after the marriage and a son aged 4. It is obvious that this question is about the legitimacy of the child and the custody of a child or the right of hadanah in Muslim Law. For the purpose of answering this question the first part shall discuss on the claim of custody right of the daughter and the second part shall discuss on the claim for custody right of the son.
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.