The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault. The case made an impact on the treatment of juveniles today because juveniles now have four basic constitutional rights when they are to be …show more content…
A Fourth major court case was Breed v. Jones because it prevents juveniles of becoming victims to double jeopardy (being tried more than once for the same type of crime) in the court system. A fifth major court case was McKeiver v. Pennsylvania, In re Terry, and In re Barbara Burrus. This case made an impact on the treatment of juveniles today because jury trials of juveniles are not constitutionally needed.
• How are status offenders handled in the juvenile system?
Status offenders in the juvenile system can either be placed with other delinquents in correctional settings or be jurisdictionally retained.
Who are the major juvenile courtroom players, and what is the role of each?
The major juvenile courtroom players are:
Judge- The judge decides what the legal issues are that are brought before the court.
Referee- The referee assists the judge in the case and are sometimes called “primary hearing officers”.
Defense attorney- The defense attorney helps to defend the juvenile and aids the court with finding the proper solution to the
Case 442 U.S. 707 Fare v. Michael C. February 27, 1979 through June 20, 1979. This case involves Michael C., a sixteen year old juvenile, brought to the police station in California by Van Nuys police on a murder investigation. The juvenile was read his Miranda prophylactic protection rights before being questioned; he requested to speak to his probation officer but was denied. Michael agreed to speak with the officers and also waived his rights to counsel. While doing this, he brought forward incriminating statements against him that in return, the juvenile landed himself in court on a murder trial.
Gideon V. Wainwright 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) is the case I have chose to brief. According to US courts website “Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes. ”The Petitioner within the case was Clarence Earl Gideon.
The case that i choose was Roper V Simmons. Roper V Simmons is about a minor Christopher Simmons and how he was charged with burglary, kidnapping, stealing and murder in the first degree. Before he had committed the crime he meet up with his 2 other friends that were younger than he was, John Tessmer and Charles Benjamin. Christopher and Charles went through with the plan but John did not, he was there for the “plot” of the pan but not actually present when they committed the crime. The crime that Simmons and Benjamin committed were breaking and entering the Crook residence, they broke in from the back door and when they turned the light on to steal they woke up Mrs. Shirley Crook they tied her up and threw her over the bridge where she was
A comparison study of two murders in the state of Ms which are Jones v. State of Mississippi (2009) and Parker v. State of Mississippi (2011) and both of these cases have a lot in common. Brett Jones and Lester Parker are currently in jail for a heinous crime. Not only were they 15 years old juveniles doing the time but they both their grandfathers several times for different reasons and because of that they were charged with first and second degree murder and was sentenced to life without parole. Brett Jones Jr. v. State of Mississippi (2009) Brett Jones stabbed his 68 year old grandfather to death and was sentenced to life without parole but because he was a juvenile at the time he was sentenced to life without the possibility of parole because his 8th amendment was violated.
According to the Tenth Amendment of the constitution, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. There have been moments in history where Congress has implemented laws that states felt were unconstitutional. The Constitution gave states the ability to counter the federal government’s power through the Judiciary branch of government, when they feel a law is unconstitutional. The Founders of our nation gave Congress enumerated powers to pass legislation that needs to be abided by all states and citizens. At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers.
The article “ Juveniles deserve life sentence” by Gail Garinger is more affective than Jennifer Jenkins argument, for the reason that Ms. Garinger is a juvenile court judge who has withness many cases than jenkins. For that reason it make her a credible source to her own argument. Ms. Garinger and Ms. Jenkins do have some of the same features in their arguments. Even though both articles have different perspective of the topic. Garinger article states that “ As a former juvenile court judge , I have seen first hand…..”
Earl Warren Many chief justices have worked on popular cases over the years. In particular I am going to be talking about Earl Warren; his early life, he was a past chief justice, why he chose what he did and the three major cases he worked on throughout his life. All of these affected our lives in one way or another. The three cases Earl Warren worked on were Brown v. Board of Education, Miranda v. Arizona, and Benton v. Maryland.
Anika Rusche Mr. Smith & Mr. Persuad Social Studies 8 June 2023 The Thirteen Major Court Cases There are 13 major Supreme Court cases that have occurred which led the United States to how it is now. If our judges chose the other side of the argument would our world be different now? More Than 200 years ago our Founding Fathers, Alexander Hamilton, James Madison, and John Jay published a series of essays prodding the ratification of the United States Federalist Papers now known as the Constitution. The Federalist Party came about around 1789 - 1790 as a group of businessmen who supported the same cause.
Before 1948 Julius A. Wolf had been arrested and tried for reasons not stated in the Supreme Court case, but the evidence that was used against Wolf was taken unlawfully, the police had no warrant for his arrest as well as no warrant to search his office. Wolf was able to get an appeal to be tried one more time. In 1948 the trial Wolf v Colorado Supreme Court had begun. It was a very controversial topic because the case was based on the violation of the Fourth Amendment right of protection from search and seizures.
Incorporation Doctrine and McDonald v. Chicago The McDonald v. Chicago case was a crucial decision by the Supreme Court regarding the 2nd Amendment and state law. This case is interesting for a couple of reasons in my opinion. Firstly, the case revolves around legislation of the 2nd Amendment which is a right held dear to myself and many other Americans. Secondly, the case gives an example of the incorporation doctrine being fully applied.
Juveniles Right to Counsel Unit 2 Assignment 1 Ann-Marie Cameron Capella University Dr. Peace January 19, 2016 Topic A Juveniles Right to Counsel Thesis Statement The importance of a juvenile Constitutional Rights to Counsel. Statement
In the documentary “When Kids Get Life” by Ofra Bikel we see five men who were sentenced to life in prison for committing crimes in their teens. We hear the stories of how it happened, why it happened, and what life is like for them today. This documentary sheds light on the battle that juveniles face when they commit crimes and the judicial system. This documentary relates heavily in the material we learn because although it is about teenagers who receive life in prison, the judicial system plays a key role.
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.
The ones in the juvenile system often reoffend and end up back in the same place. If the juveniles aren’t tried in adult court for serious crimes their punishment won’t be as long and they will commit the crime again and again. The crimes that the children commit would probably go down if they are tried in the adult court. Some of the children that were transferred to criminal court were more likely to be convicted and receive periods of incarceration. If juveniles aren’t tried in adult court they get off of the crime they committed easier.
Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.