On September 12, 2012, Jack and Diane, two 13 year olds, went to Moe’s Convenience store. When they entered, Jack stole a candy bar and three packs of gum while giving Diane two boxes of candy to put in her purse. The store owner sees them and runs to stop them.
Jack ended up pushing Moe the owner to the floor. Diane and Jack are arrested just blocks away from the store. Diane confesses and implicates Jack. Jack denies the crime. Both juveniles are charged with theft and Jack is also charged with assault.
After both juveniles are convicted, the sentencing takes place. During sentencing, a judge decides what type of punishment, if any, should be given. In order to determine what is fair, the judge will want to know a few things about Jack and Diane. First and foremost, do Jack and Diane have criminal backgrounds? It is important to know if these young offenders have been in trouble with the law in the past. The reason that this is so imperative is because one needs to know
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First of all, they do not have the right to a jury trial. They will have an adjudication hearing which “involves a judge hearing evidence and ruling whether or not the minor is delinquent,” (‘Juvenile vs. Adult”, 1999-2017). The juvenile system is less formal than the adult system so Jack and Diane may speak to the judge casually. The biggest difference in the way that Jack and Diane will be treated compared to adults is the goal of rehabilitation. “In the juvenile system, the goal is to rehabilitate and serve the minor’s best interest,” (“Juvenile vs. Adult”, 1999-2017). The adult system is based on punishment. The reason that Jack and Diane will be treated differently as juveniles is that people have decided that they still have a chance of becoming productive members of society. Since their brains are not fully developed there is still a possibility of changing their behaviors. People also assume that adults already know right from wrong and therefore choose not to be
Bill comes out to see Mary about to be raped and he starts to fight him. The start throwing punches and then Jack buts in the fight with a gun to try to apprehend Ralph but then the gun was fired. Mary is shot and killed by accident by Ralph but then since Bill was knocked out by Ralph, Jack made him believe that he had shot Mary, his
After the pet store break-in, Rusty James is caught by the police he breaks a window in the police car and cuts himself on the glass causing him to go into
On the way over to burglarize the home, the group of 5 juveniles rode their bikes and stop on the way to feed some ducks, then dumped their bikes in some bushes. At the last minute, two of the five juveniles took off. Leaving behind Kane, who didn’t want to be labeled a scaredy-cat, and 19 year old Alvin Morton and 17 year old Bobby Garner. The group of juveniles expected the house to be empty, but found 75 year old Madeline Weisser, and her son 55 John Bowers were in fact at home.
Once they paid for the necessities they were back on the road. Bill realize he didn’t pay for the can of tuna and notice a sheriff car following them. The lights went off and the sheriff pulled them over. They were taking to the station for questioning of a murder. The whole time while being questioned, they both thought they were be accused of shoplifting. Once they realized what was happening, that’s when Bill’s cousin came to defend them.
One night, Sandy went to the store because everybody was busy at his house and it seemed to him they did...
The article titled “ Juvenile Justice from Both Sides of the Bench”, published by PBS, and written by Janet Tobias and Michael Martin informs readers on numerous judges’ opinions on the juveniles being tried as adults. Judge Thomas Edwards believed that juveniles should not be tried as adults because they are still not mature enough to see the consequences of their actions and have a chance to minimize this behavior through rehabilitation programs. Judge LaDoris Cordell argues that although we shouldn’t give up on juveniles and instead help them be a part of society, however, she believes that some sophisticated teens that create horrible crimes should be tried as adults. Bridgett Jones claims that teens think differently than adults and still
Darry goes crazy over Johnny's death and decides to rob a convenience store. The cops chase him, Dallas fires a few shots at them with his gun.
There are three type of sentencing models used by judges for the sentencing phase of trials; indeterminate, determinate, and mandatory. These sentencing models are used to bring justice to those who are convicted of crimes and must now live with the consequences of their actions. Justice is a word that has a different meaning to each individual person. This paper will discuss, in detail, the meaning of justice, the three types of sentencing models, the pros and cons of each model, and the impact each one has had and continues to have on corrections.
prosecutor thinks the case should go forward then it goes to the intake officer and they make
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
There has always been controversies as to whether juvenile criminals should be tried as adults or not. Over the years more and more teenagers have been involved in committing crimes. In some cases the juries have been too rough on the teens. Trying teens as adults can have a both positive and negative views. For example, teens that are detained can provide information about other crimes, can have an impact in social conditions, and serve as experience; however, it can be negative because teens are still not mature enough for that experience, they are exposed to adult criminals; and they will lose out on getting an education.
When comparing adults and juveniles in the terms of justice, I think we all can agree that adults should face greater punishments than a juvenile offender since the adult tends to have more common sense, and it’s not fair for a minor to face the same consequences as an adult. While this may be a preferred viewpoint, there are many factors to consider when viewing cases such as the severity of the crime, the situation the law breaker was in at the time of the crime, and most importantly the age of the criminal. When analyzing a juvenile offender, you must also take into consideration, that they are a minor, and don’t have as much understanding of the law as an adult may have. With these concepts in mind law enforcement is forced to analyze juvenile crimes more intensely to ensure that they are protected under the law, even though they’ve broken the law.
In juvenile court, the judge must decide if the teen gets tried as an adult or minor. If the juvenile gets sent to a juvenile detention center for murder they will live their lives there until they are twenty one, but if tried as an adult they will serve so many years in prison. There is a grey area of law for certain teens that commit serious crimes. In this case of the grey law, each state gets to decide upon the particular state how they person is tried. For most cases pertaining to the juvenile courts are case by case bases. Many believe that it isn’t fair for the teens to be locked up with adults. The U.S. House of Representatives made the Juvenile Justice Act encouraging states to find alternatives to having the teens go through such a process with people much older than themselves (Locked Up…).
After an offender is arrested and charged, the courts look at the evidence presented and make a decision as to whether the accused is guilty or not guilty. If it can be proven the accused is guilty beyond any reasonable doubt, then the court must decide what kind of punishment they will receive. The punishment is decided with guidance of the Criminal Code of Canada (C.C.C.) taking into account factors surrounding the offence. Sentences may be more lenient or serve depending on the circumstances and type of offence committed.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.