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Juvenile justice "ethical dilemmas
Issues in juvenile justice
Issues in juvenile justice
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The show American Crime revolves around the murder case of an individual named Matt and the assault of Matt’s wife Gwen in Modesto, California, while the crime is not clear, one thing is for sure and that is Matt is not entirely innocent. The show also follows a colorful array of characters such as, a methamphetamine-addicted couple, a Mexican gang member, named hector, who wants out of his gang, a Mexican family, whose son was incarnated in the Juvenile Justice System, and the parents of Matt and the parents of the daughter-in-law, Gwen. Furthermore, this show touches upon the many social injustices in society and exploits them in the show in ways such as, how the characters react to something or how they handle certain situations and emotions. …show more content…
Nor, minors would not be able to put up an adequate defense and know what rights they have (Ferriss, 2014). As what happened to Tony and he was ultimately put into detention until he was eligible for probation or aftercare. But, what have the courts ruled, with regards of juveniles being able to waive their rights? The supreme court ruled that for a juvenile to waive their rights “The approach requires the presence of an "interested adult"-parent, guardian, or attorney-to advise the juvenile of his rights and of the implications of making a waiver. Waivers made without this assistance are deemed invalid. Unlike the "totality" approach, the "per se" approach automatically excludes a waiver based on the absence of certain circumstances.. they consider a multiplicity of factors, including characteristics of the offender-for example: age, education, IQ, and prior contacts with law enforcement-and circumstances surrounding the interrogation, such as the location, methods, and lengths of interrogation. The discretionary "totality" approach purportedly enables trial judges to protect youths who lack the ability to exercise their rights or who succumb to police coercion, without unduly limiting police ability to interrogate juveniles.” Neither of these approaches were brought up when tony was being question or in court and this did not help him at all, as he was incarcerated while awaiting trial he was constantly harassed and picked on for the time he was there and these are some of the risks that come with incarceration of our
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
In conclusion, it is known that the system operates from cradle to the grave. Each of these individuals all have the same mindset of “if nobody cares why should I?” Beecher Terrace is a high crime-rate neighborhood, where all the individuals either lived or grew up in. Thus, each person in this documentary can name at least five people that have been arrested, mainly immediate family members. They all have three main things in common which are they lived in Beecher Terrace, they have more than six charges, and they have some type of mental issue that needs to be resolved to better
The Court ruled for the juvenile, stating that his rights to due process were indeed violated according to the Fourteenth Amendment. “The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment” (Oyez, n.d.). The Court analyzed the juvenile court's method of handling cases, verifying that, while there are good reasons behind handling juveniles in a different way from adults, adolescents seeking to settling delinquency and detainment cases are qualified for certain procedural safeguards under the Due Process Act of the Fourteenth
John J. DiIulio, Jr. writes his article, "Let 'em Rot," in response to the State of the Union Address by President Clinton in January of 1994. In this article he focuses on the continually increasing crime problem in America. DiIulio feels that a change is needed in the way this country handles the punishment and rehabilitation of criminals. He makes a claim of policy that criminals should serve their entire prison sentences. DiIulio asserts, "a prison sentence of X years should mean a prison sentence of X years (truth in sentencing)" (563). He directs his article towards people who are concerned with the crime problem in America, specifically victims of crime and the families of criminals. He also primarily targets people who read the Wall Street Journal and support truth-in-sentencing.
The age of the offender determines whether they meet the requirements for a judicial waiver offense. With that said not every state offers all three of the methods a juvenile can qualify for a waiver. In the process of judicial waiver offense the judge takes the final decision on waiving a case. There are other factors that affect the judge’s final decision. Aspects like the criminal history of the offender or the severity of the crime are crucial for the waiver to take place.
When it comes to minors, we try to keep a balance between our logistic and moral views on the issue of their imprisonment. Usually, we end up thinking morally, but that isn’t necessarily a bad thing. Children raised in harsh conditions or without adequate parenting could stay bad forever, or grow up to become a great person. A huge slip up shouldn’t take their life. We could think that the children could stay bad forever and become an even bigger problem later in life, but prison time works well to deter against that. The supreme court was right. It’s completely wrong to sentence a minor to
These considerations are: the age of the defendant, the level of education and intelligence, previous experience with the police, the nature of the questioning, the length of the detention before a statement was given, advice to the suspect of their constitutional rights, the length and reasonableness of a delay before appearing before a magistrate, altered mental state due to intoxication or poor health, the withholding of food, water, or health care; abuse, and the threat of abuse State v. Climer, 400 S.W.3d 537, 2013 Tenn. LEXIS 354, 2013 WL 1694804 (Tenn. 2013), State v. Echols, 382 S.W.3d 266, 2012 Tenn. LEXIS 738 (Tenn. 2012), State v. Blackstock, 19 S.W.3d 200, 2000 Tenn. LEXIS 168 (Tenn. 2000). In addition to the aforementioned considerations, their level of functioning, reading skills, writing skills, demeanor, possible malingering, and responsiveness to interrogation are considered. Additionally, the language and manner used when presenting Miranda rights must also be taken into consideration State v. Blackstock, 19 S.W.3d 200, 2000 Tenn. LEXIS 168 (Tenn.
For this assignment, I decided to watch “Crash”, a movie set in the streets of Los Angeles California and that shows the lives of various individuals with different cultural backgrounds. The movie starts with the scene of a car crash between an Asian woman and a couple of detectives near the sight of a murder, as the African American detective Graham Waters walks around the scene he stops because he saw something that shocked him, and from there a flashback begins. The first relevant scene shows, Anthony and Peter, two African Americans individuals walking down the street talking about racial discrimination. As they talk a couple passes by them and the two decide to steal their car. This causes a chain of events affecting the lives of many
The Fourth Amendment of the Constitution states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." No where in this law does it create special divisions or classifications between adults and minors in society, so one should naturally assume that persons under 18 should be afforded the same protections as anyone over 18. The moment when minors are most at the mercy of government officials is while in school, and this is when these Constitutional Fourth Amendment protections are needed.
The case of Miranda v. Arizona (384 U.S. 436 [1966]) is one of the most important cases in history. It brought about prominent rights that are still existent today in 2015 regarding interrogations and custody. The results of this case are still seen in the current criminal justice system. However, even though the rights that were given to the system by the court, there are still instances today in which these Miranda rights are violated. The concept of Miranda has evolved a lot from a court case to a code used by law enforcement during custodies and investigations.
The adult age requirement in the US is 18 years old by law. If you are under the age of 18, you cannot vote, rent a hotel room, or even purchase a lottery ticket and you are considered a minor. In some cases though minors are convicted as adults, go to adult prison, and get life without parole. The courts deem these minors the worst of the worst and they are untreatable and are not capable of rehabilitation just like Nathan Ibanez, who murdered his mother and is serving life without parole. Juveniles have gained more rights from the Supreme Court in the three following cases: in Kent v. United States it was determined juveniles must have due process, in the case In re Gault it was determined juveniles must have access to a lawyer and know
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
Crime in this country is an everyday thing. Some people believe that crime is unnecessary. That people do it out of ignorance and that it really can be prevented. Honestly, since we live in a country where there is poverty, people living in the streets, or with people barely getting by, there will always be crime. Whether the crime is robbing food, money, or even hurting the people you love, your family. You will soon read about how being a criminal starts or even stops, where it begins, with whom it begins with and why crime seems to be the only way out sometimes for the poor.
For those juveniles deemed dangerous, or those that have committed a serious crime, a different process would follow their initial contact with the court. This involves the removal of the offender from the juvenile system, to be transferred to the adult criminal court. These offenders are adjudicated as an adult if certain factors are present. The waiver to the adult court is often a critical step in receiving a harsh sentence for juveniles. Two Supreme Court cases have addressed the issue of juvenile waivers and transfers, Kent v. United States and Breed v. Jones. The two cases resulted in specific requirements for transfer hearings, including a) a legitimate transfer hearing b) sufficient notice to family and defense attorney c) right to counsel d) a statement regarding reason for the transfer. However, the waiver of juveniles is often criticized by experts for various reasons. "Minors are likely to be looked upon as special persons by prosecutors, probation officers, and judges in the criminal courts. They are younger than the main population of defendants before the criminal courts…while a minor may be looked upon as a hardened criminal in the juvenile court, (s)he may be viewed as a mere innocent youngster in criminal court." (Abadinsky 72). Some research has shown that the transfer of juveniles is a waste of both time and money. Why? Because the offender often receives the same treatment or senten...
Crime and criminalization are dependent on social inequality Social inequality there are four major forms of inequality, class gender race and age, all of which influence crime. In looking at social classes and relationship to crime, studies have shown that citizens of the lower class are more likely to commit crimes of property and violence than upper-class citizens: who generally commit political and economic crimes. In 2007 the National Crime Victimization Survey showed that families with an income of $15000 or less had a greater chance of being victimized; recalling that lower classes commit a majority of those crimes. We can conclude that crime generally happens within classes.