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Case studies of inmates attending education and how it has impacted them
Juvenile justice system
The problem with the juvenile justice system
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Going to the Franklin County Courthouse was an eyeopening experience. Witnessing the way the judicial system works first hand was helpful in understanding the process. During the trip I had the opportunity to witness three juvenile cases, a murder case, and hear from Judge Frye about his experience as a judge.
On the trip I had the opportunity to experience three juvenile court trials. Two of the proceedings were related to school truancy and the third was related to substance abuse. Sitting through the truancy cases I found myself asking what it took to be brought into court for missing school. I missed numerous days of school and I never had a warning. During a break in session, I had the chance to ask the magistrate what you had to do to receive such a charge. She stated that the charge is placed when a student misses 14 days of school in a row. I thought this was absurd. Missing 14 days of school in a row seems crazy to me. I did not feel bad for the kids who came in for having this on their record. In both cases, the case had been going on for awhile and the kids had shown progress with grades and attendance. She closed the case and under rule 29 expunge the offense off both of their records. I believe the rule 29 is a phenomenal
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It was evident that the magistrate sympathized for the family and wished that things could be different. From what I understood, the young daughter had a cocaine addiction and has been living in a rehabilitation facility for a short period of time. The separation and heartbreak of her mother being separated from her daughter was very evident and felt across the room. The girl is supposed to stay in a home until January and on probation for a year from today. In this case I still strongly believe in the rule 29. If this young girl is able to learn from her mistakes and begin a new successful life, then her adolescent past should not hold her back from her future as a recovered
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
The proposed expulsions and suspensions from their disability behaviors deprived them of their right to a free and appropriate public education in accordance to the EHA. The Judge ordered the school district from making other disciplinary acts other than a two-to-five-day suspension against any disabled child for disability-related behaviors and ensured that the “stay-put” provision would be in place and no student would be removed. This went to the Ninth-Circuit appeal where the previous decision was affirmed and modified to allow up to a ten-day suspension.
Another major reason why juveniles are ending up in the juvenile justice system is because many schools have incorporate the zero tolerance policy and other extreme school disciplinary rules. In response to violent incidents in schools, such as the Columbine High School massacre, school disciplinary policies have become increasingly grave. These policies have been enacted at the school, district and state levels with the hopes of ensuring the safety of students and educators. These policies all rely on the zero tolerance policy. While it is understandable that protecting children and teachers is a priority, it is not clear that these strict policies are succeeding in improving the safety in schools.
The penalty for not sending your child to school was a fine not greater than $20.00 and the violators were to be prosecuted by the city. The local school committee did not have the authority to enforce the law and although the law was ineffective, it did keep the importance of school before the public and helped to form public opinion in favor of education.
In Goss v. Lopez, a student sued because an Ohio law allowed a school principal to suspend a student for 10 days or more with only a simple 24-hour notice to parents. The court ruled that this was a violation of a student’s 14th amendment due process clause rights because students were not given a due process hearing. In Dixon v. Alabama, a federal appellate court affirmed same standard in higher education by maintaining that a public college or university cannot expel a student without a hearing.
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
1 – Question #1: (Ch 5) Child abuse intersects with the juvenile justice system in many ways including but not limited to - sexual abuse, child neglect, family violence, and internet exploitation. One of the most important issues to address when related to the juvenile justice system is child neglect. Child neglect can be defined as a juvenile under the age of 18 whose parental figure(s) and/or person responsible for the child’s well being not providing essential support, education by law, medical or remedial care necessary for the child’s health – shelter, food/water, clothing, etc. Neglect also comes in three forms 1) physical – e.g. lack of necessary shelter, food or water, medical care 2) emotional – e.g. the lack of emotional support or
Now its been 2 months since my suspension and I’m back now from my punishment. Tardiest have been the worst rule at Merced High School. I still think that the tardy policy is a ridicules rules there are. There is no way that someone is going to be on he or she’s desk when the bell rings, I’m saying this from experience. I haven’t been just shot on the ear, I’ve been shot on my arm, attacked by a bear, and electrocuted by the power lines. What kind of school would be doing this to their students and the future of America this not the way to be teach...
The issue of juvenile competency began to form in the early 1990's from a dramatic increase in violent offenses by juveniles. A juvenile offender can be technically classified as "incompetent" for a number of reasons: developmental immaturity, mental illness, too young, or in the state of emotional shock. A criminal defendant MUST be capable of meaningful participation in his defense and must be able to make decisions, such as exercising or waiving important rights. Further, the criminal defendant must posses the ability to understand the charges, the trial process, other participants' rol...
Schools inevitably must deal with disciplinary action when it comes to misconduct in students. However, at what point should the courts and law enforcement intervene? “Zero tolerance” policies started as a trend in the school setting during the 1990s in “response to the widespread perception that juvenile violence was increasing and school officials needed to take desperate measures to address the problem” (Aull 2012:182-183). However, national statistics indicated a decrease in juvenile’s share of crime during the influx of zero tolerance policies in schools (National Crime Justice Reference Service 2005).
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juvenile as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability
LaMorte, Michael. School Law: Cases and Concepts. 4th ed. London: Allyn and Bacon, 1993. Lane, Kenneth, Mary Jane Connelly, Julie Mead, Mark Gooden, and Suzanne Eckes, eds.
1. What is the difference between a. and What are the five goals of juvenile corrections? How effectively are these goals achieved? The goals of juvenile corrections are to deter, rehabilitate and reintegrate, prevent, punish and reattribute, as well as isolate and control youth offenders and offenses. Each different goal comes with its own challenges.
For my field experience, I chose to attend a court case. On October 14th, 2015 I went to the District of Columbia court and watched a sentencing. It was not at all what I initially expected although after sitting in class for several weeks I was not shocked by it. What surprised me most was the informal, personal nature that the whole process had. The experience was interesting and I feel that I learned a lot from it.