He later pleaded guilty to the burglary, the court revoked his probation and sentenced him to ten years in prison. In this case, I’m not sure why they revoked his probation, but there must be a reason. Mempa like Scarpelli filed for a habeas corpus, for the fact that his probation was revoked and that his right to counsel was denied and the writ was denied. And the question in this case is “does the absence of a counsel during a post-trial proceeding for revocation of probation or imposition of deferred sentencing violate the sixth amendment as applied to the states by the fourteenth amendment?” I say yes, because under the sixth amendment he has the right to counsel, and denying that is violating our rights. Also, the counsel helps the defendant in asserting his rights, such as the right to appeal, at the deferred
He was tried as an adult, and nine months after his eighteenth birthday, he was sentenced to death. The Roper vs. Simmons case clearly illustrates that anyone has the capability of being a murderer despite their age. However, the death penalty is considered a form of revenge and is considered ethically wrong. In the United States, it is illegal to punish juveniles for a capital crime. Individuals state that reinforcing capital punishment is a way to get back at the perpetrator, but putting the criminal on death row and killing him/her for what they have done wrong is considered ethically wrong and a form of
This child was on probation for an assault of a public servant; however, the circumstances which surrounded her case lead the probation officer to believe her needs would be better addressed in a mental health facility and not juvenile probation. Her efforts to get the child help were exhausting as she did not have the proper documents or information to get this child the help she needed. The reason for our “crisis run” was because the child had threatened to kill herself. When we arrived at Jefferson Center, she was handcuffed in the back of the police car. However, after the child had calmed down the handcuffs were removed.
In the article “Remember the Victims of Juvenile Offenders” Jennifer Bishop-Jenkins explains how the killer of her 26 year-old pregnant sister got away not only with that crime but others as well (Bishop-Jenkins 1). Bishop-Jenkins agrees how some teens need long term evaluation before they are able to rejoin the public, as a result should be tried as adults. If these criminals are shown there are no serious consequences for crimes then they will continue their antics. Teens should be tried as adults for felonies if they are unfit for juvenile detention centers for which they can not rehabilitate. Not only will it put criminals behind bars but will allow the victims to experience some
In 1963, Ernesto Miranda was arrested in Pheonix, Arizona for the kidnapping and raping of a woman. When questioned by police officers, Miranda would eventually give a confession, and sign it, which wasn 't the case.. Before the court, this confession would be used against Miranda, and with it, the implication that it was received voluntarily and with the convicted knowing his rights. Miranda was convicted with a 20-30 year sentence. Upon eventually learning that his confession was obtained unlawfully, Miranda would appeal to the Arizona Supreme Court, asking for an overturn, and when that fell through, would turn to the United States Supreme Court, filing a habeas corpus. The Court would rule five to four to overturn the decision made by
Child BS and their family were not known to any additional children’s services prior to the incident. Following the incident, MS and FP were arrested on suspicion of causing the injuries of Child BS. They both initially denied causing injury to Child BS. MS was placed on police bail and FP was charged with murder and remanded in custody until the criminal trial. The suspect FP pleaded guilty on the first day of the criminal trial and was sentenced to nine years
My third object is the 1991 police report because it symbolizes everything that is wrong in Salander’s life. Salander has never even seen a copy of it until she finds the one Bjurman got his hands on. The report details Salander 's attack on Zala when she was twelve. This resulted in her being placed in the “psychiatric hospital for children” (Stieg Larsson 14) and her life become upside down. It 's been buried by the Police, who want to keep Zala from becoming known to the public.
Los Angles, California in year 1991, a significant event would happen and change LA for the worst. That event is the Beating of Rodney King, what had happen was police attempted to pull him over in San Fernando Valley, but instead he tried to evade the cops because he violate his parole for a prior robbery. Once Rodney was caught by the police, he resisted arrest and they assumed that he was under the influence of narcotics as a result the police severely beat down Rodney for 15 min. The beating was even caught on tape and the four police officers were in trial for police brutality and racial profiling, but the verdict was not guilty which caused uproar of violence among the African American Community. That wasn’t the only event that caused
The suspect’s punishment or consequences are more than likely going to deal with the the law and the victim’s consequences are more than likely going to be mental or physical damage. The average prison time for rape is from eight to nine years and when you get out of prison you have to register as a sex offender and it has to be updated the remainder of their lives. Now you have the punishment of rape to think about before you take a woman/man on a date and then decide to rap them. Most people don't want to spend eight to nine years in prison. A perfect example is a kid who’s at school and is about to walk out of class,but the only thing that stops him from walking out is the thought of what his consequences are going to be when he gets home.
Guilty but mentally ill (GBMI) verdicts are used in court cases; however, all persons sentenced with the verdict are put in prison with the same treatment as any other criminal. One article states, “the GBMI verdict is no different in practice from a finding of guilty” (“The Insanity Defense Is Necessary and Moral”). The verdict sounds like it would help the mentally ill criminal by providing mental health services; however, the decree offers no help and fails to protect the person as well as it claims. For example, Kelsey Patterson, a diagnosed schizophrenic with apparent symptoms, was executed for double murder. In the case of James Blake Colburn, another paranoid schizophrenic, the man was sentenced to death for murder despite the prosecutor knowing his mental health state (Yardley).