In September of 1961, a woman from District of Columbia had an intruder break into her apartment. While the invader of the home was there, they had taken her wallet, and also raped the woman. During the investigation of the crime, the police had found some latent fingerprints in the apartment. The police then established and processed the prints. The prints were then connected back to 16 year old Morris A. Kent. The prints the connected back to when Kent was first entering the system back in 1959 for his earlier crimes. Kent at this time had already been on probation due to crimes committed two years prior to this case. Morris Kent at the age of 14, had first come into contact with breaking the law when he was placed on probation for breaking …show more content…
The District of Columbia courts needs to waive and remit before he is able to be tried. At this time there was a motion filed to have him receive the case waived. The judge filed for a ‘full investigation’, which lead to Kent’s case being waived from the juvenile courts. He was then tried in the District Court. The jury found Kent guilty of six counts of housebreaking and robbery. The verdict was not found to be guilty with the counts of rape due to reason of insanity. Morris Kent was sentenced 30 to 90 years in prison and also some time in Saint Elizabeth's Hospital. Kent’s lawyer believed that the investigation was not thoroughly completed and that the indictment should be dismissed. Due to the findings of Kent’s mental issues they concluded that the waive was inappropriate. He said that Kent was denied his constitutional rights due to the fact he was a minor. It wasn't until March 21st, 1966 a decision on the case was made. By the time there was a decision made on the case, Morris Kent was already 21 and the waiver was ruled to be invalid. The case went back to the courts for more clearance on the …show more content…
Due to Kent at the time being on probation, his past criminal history and the crimes that he was arrested for the right way to handle the charges would be through being charged as an adult. In cases like these with juveniles, it is best if the judge waives the case, so that it can be taken to a higher court. Taking a juvenile's case to be tried as an adult can be a good thing because there are times where the juveniles don't get the proper punishment for the crimes they've committed. I believe that when it comes to juveniles and they commit a severe crime they need to be punished just as if they were an adult. Juveniles don’t always get the proper charges to the fact they are under the age of 18. The juvenile courts need to go off of the seriousness of the case. In my opinion, if juveniles don’t get the proper charges, then there is always a chance that the juvenile could always continue to commit crimes. In this case, I believe Kent did not fully get his basic due process rights that should be granted to him. He was never fully investigated, which lead to the waiver eventually being
Court of Appeals for the Third Circuit: affirmed trial court’s Judgment for the defendant, CITY OF EAST CLEVELAND [i.e. affirmed plaintiff’s convictions by the trial court]; b. United States Supreme Court: reverse Court of Appeals and trial court’s convictions of the plaintiffs. 8. Facts of the case: • Moore lived in her home together with her son Moore Dale and her two grandsons; John Moore and Moore jr. • John Moore joined the family after his mother had passed on. • John’s father had been living with Inez and her family until the trial period; it is however not clear whether he was living there when the citation was issued.
Trial was scheduled two months later, and Clarence was unprepared (David J Shestokas par 12). This was due to the fact that he was unable to afford a lawyer (David J Shestokas par 12). Logically, Clarence
J.D.B v. North Carolina, involved a 13-year-old, seventh-grade student. J.D.B was stopped and questioned by police when they observed him near the site of two home break-ins. Five days later, a digital camera matching one of the items from one of the home break-ins was found at J.D.B’s school and was observed to be in J.D.B.’s possession. Investigator Diconstanzo went to the school and a uniformed police officer went to the school and removed J.D.B. from his classroom and escorted him to a closed-door conference room. Police and school administrators questioned him for a minimum of 30 minutes; without giving him his Miranda warnings or the opportunity to call his legal guardian.
Nothing materialized until April 21, 1980 when U.S. District Judge Robert Merhige, Jr. ordered the conviction to be set aside and the confession suppressed, as Moore had an improper interrogation. He had discovered that the police had not read Moore his Miranda rights until at least four had passed in the interrogation, as well as the fact there was no proof that Moore had a coherent understanding of his Miranda rights. The ruling was affirmed on August 20, 1981, by a U.S. Court of Appeals who released Moore pending a new trial. They then dismissed all of the charges facing Moore, after three years of imprisonment. In 2005 the crime lab file was discovered and the testing of biological evidence was ordered by former Governor Mark Warner.
The Appellants was this decision overturned, they feel their son is not getting fair treatment. He is a minor delinquent, the appeal system was not available for them, but that soon changed. The petition sent to the supreme court by, Officer Flagg, Gault’s probation officer said, “ this said minor is under the age of eighteen years old, and is in need of protection of this honorable court; { this said minor} is a delinquent minor. The plaintiff, Mrs. Cook never showed up to any of the hearings scheduled, so therefore her only complaint made was that of lewd phone call to the police. She was never there to testify again
It is almost always evident that when these kids go through adult trials that they have no idea what’s taking place. Most people at these ages can't grasp onto adult responsibilities and legalities or they have't even heard of such things like parliamentary procedure. The director of the MacArthur Division Laurence Steinberg says that juveniles that are being tried as adults are not competent hold their own. “In all likelihood, a large number of juveniles who are being tried as adults are not competent to stand trial,” (Salant 3). On top of that, these kids aren’t allowed to speak to any form of relative during trial.
The rights he should have been given in court was a fair trial for a kid his age. The judge was very harsh on him, which I guess may have been a
Three computers were collected. These computers gave evidence that Christopher Vaughn had the desire to leave his family behind and enter the Canadian wilderness. In addition, there was a PI magazine also found inside the house. This interested investigators because the cover story was about staging a crime scene. A fingerprint analysis was done on the magazine.
Michael, Thank you for your very important read, I found it quite interesting considering the you believe that plea bargaining may provide a way to rehabilitation. I mean after all, the processes by design is very difficult. Plea bargaining is to close to the adult court system, in order to achieve this idea, there would have to be a shift and separation from adult punishment and punishment toward the treatment of a child. If a juvenile does participate in a plea bargain in most states would generally be a waste of time. Because usually the notion of pleading guilty for a lesser charge is not possible because there are no variations in charges with certain sentences considering the circumstance.
In which he stated there was not any evidence of a rape for a guilty plea. Brian also stated that his defense was inadequate due to the pressure induced on him even without substantial evidence of any wrong doing. Furthermore the the petition was denied due to being to vague. Justice was evidently not served in this case due to the fear that Brian Banks’ had instilled in him that there was no hope, by his former attorney. If justice was to be served a full trial would have been brought on and the defendant would have been given the chance to defend himself in the court of law.
October 2nd, 2002 was the start of a long and horrific three weeks in the Washington DC Metropolitan Area. People were terrified to be in the area and everyone was on edge. What appeared to be random killings, turned out to be a well-organized series of senseless shootings that took the lives of ten innocent people. After days of people being scared to death and much confusion, investigators discovered that there were two suspects in the shootings; John Allen Muhammad and his teenage partner Lee Boyd Malvo and they were in a blue 1990 Chevrolet Caprice sedan designed to terrorize people. This break in the case came when one of the suspects called the tip hotline and told them to look into a murder in Alabama, which lead to the case being
The caregivers lacked commitment, compassion, conscientiousness, fairness and honesty, and if they had taken their jobs seriously probably Tomcik wouldn’t have suffered as much. Trial began on July 22, 1991 and the decision was made on October 7, 1991. Tomcik’s total damage came out to be $85,000 according to the text. The defendants were proven wrong and they were charged. The court did the right thing, but I think a stricter action should have been taken against the defendants.
The trial was appealed once more to the High Court, where the judge administrated that on the basis of abuse of process if Carroll were to be convicted of perjury it would overturn the acquittal for murder and therefore be inconsistent with the double jeopardy rule. (Burton Kelly,
The juvenile justice system has made numerous of ethical issues when managing juvenile offenders. The issue with the juvenile justice system is the laws and rules that govern it. It has led to years of controversial debate over the ethical dilemmas of the juvenile corrections system, and how they work with youth offenders. The number of minors entering the juvenile justice system is increasing every month. The reasons why the juvenile justice system faces ethical dilemmas is important and needs to be addressed: (1) a vast proportion of juveniles are being tried and prosecuted as adults; (2) the psychological maturation of the juvenile to fully comprehend the justice system; and (3) the factors that contribute to minorities being adjudicated in the juvenile justice system are more likely than White offenders.
Facts of the Case: Monte Durham has an extensive history of imprisonment due to breaking the law and hospitalization due to mental illness after every conviction. In every case, he was deemed of having an unsound mind. After 15 months of treatment, in one particular case, Durham was discharged from the mental hospital and returned to jail to serve the remainder of his sentence. After his release, Durham received a warrant for parole violation and fled the area. He was arrested again for bad checks.