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This paper argues for a consolidated criminal court. It is the contention of this paper that the weaknesses of long-established juvenile courts reveal a basic defect in their foundation rather than merely an implementation letdown. …
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Extract of sample "A Case for an Intergrated Criminal Court and Against an Independent Juvenile Justice System"
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They dispute that there are important differences between the development of adults and young individuals or that rehabilitation remains different from sentencing and persuade legislators to sustain the differences between offenders and antisocial or deviants. Some stress psychological insufficiency or physical helplessness. Others argue that juvenile courts safeguard young lawbreakers from further corrective criminal justice rules. Yet, there are those who argue that juvenile courts furnish the sole opportunity in which to take into account all the official and legal issues, such as abuse, neglect, felony, and dependency, which impinge on families and children (Corriero, 2006). Finally, advocates of an independent juvenile justice system call upon the contingency argument of Progressives (Feld, 1999): in spite of the procedural defects and evident impoverishment of juvenile courts, criminal courts represent more unpleasant locations to try and sentence juvenile delinquents. Juvenile courts try to integrate criminal social control and social welfare in a single organization and unavoidably perform both poorly due to the innate conflict in both functions. In contrast, a juvenile adaptation of an adult criminal justice system is a body devoid of any justification (Culbertson, 2000). Since there are already existing criminal courts, with no social welfare basis, a juvenile adaptation of an adult criminal justice system would only be unnecessary. The Arguments for an Independent Juvenile Court and Against an Integrated Criminal Court An independent juvenile justice system needs a more defined, refined justification than crude punishment versus rehabilitation arguments. In fact hardly any observable differences are present between these two functions. However, if it is recognized that juvenile courts penalize young delinquents, we then take the responsibility of granting them criminal procedural protections since “the condition of being a boy does not justify a kangaroo court” (Barkan & Bryjak, 2010, 520). It has been argued by the McKeiver Court that obliging procedural similarity with adults would terminate the juvenile court trial, yet took for granted the fact that refusing to do so reinforced bias and injustice (Feld, 1999). To perceive and deal with equally positioned criminals differently, to sentence young offenders for the sake of rehabilitation, and to strip them of essential protections cultivate a kind of injustice that frustrates any attempts towards reform. The present juvenile court does not offer justice or rehabilitation and cannot be reformed. The other policy alternatives are to pattern juvenile courts to the adult criminal justice system or vice versa (Roberts, 2004). Regardless if young delinquents are tried in an integrated criminal court or in an independent court, we should reevaluate fundamental principles and deal with procedural and substantive matters. Substantive justice issues comprise forming and executing a doctrinal basis, such as shortened temper, psychological immaturity, weak disposition, or reduced conscience, to sentence juvenile delinquents dissimilarly, and more mildly, than adult criminals or suspects (Myers, 2005). Procedural justice
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Warrantless searches can be made where arrests are lawful and such searches are incident to such arrests. If the arrest was not lawful then the search becomes unlawful as well (Siegel & Senna 251). Generally, an arrest is lawful if the arresting officer is equipped with a warrant of arrest issued by a court with authority or jurisdiction, on the basis of a probable cause specifying the name or identity of the person to be arrested. However, even this doctrine is subject to the following exceptions: one, when a felony is being committed; second, when a felony has just been committed and the arresting officer or person has knowledge to reasonably believe that a person has committed it; third, all breaches of peace like riots and...
The first, when Sam Slime mugs you outright is a matter for governmental law and order. Cleary there is a criminal (Sam) and a victim (you). In the second scenario the government, in the guise of a benevolent company decides to rehabilitate Sam and gives him your hard-earned money through further taxation, another kind of economic stimulus perhaps. In this case when you resist, as you would have in the first case, you are the criminal because this master says that you have to pay and suddenly you are on the wrong side of justice. But, how can this be if the laws of the land are written to explicitly prohibit this kind of injustice? In these two cases, stealing is occurring and there is no difference whether it is through the gover...
In a computer, a processor commonly involves one or more microprocessors (also acknowledged as chips), which are silvers of silicon or other substance stamped with many little electronic circuits. To perform operations on data, the computer passes electricity all the way through circuits to execute an instruction (Norton 2001.p. 5). The innovation in technology has brought a lot of facilities for us. We have better ways of life and all the facilities regarding better production and domestic tasks. Such as in the industrial production we have automatic robots that are welding, packing, moving and carrying out several other development-related tasks. These robots are pre-programmed and microprocessors based chips are controlling all...
Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is...
It is logical to look at political philosophy within the framework of history and ethics emerging from it. As could be observed, the question of justice, and how we perceive its nature has remained the prime concern throughout history. This will include, among other things, the existence of specific obligations towards each other and towards the state, the existence of natural rights, claims of property/liberty and equality.
In face of this, the Anglo-American political philosophy has seen famous philosophers like John Rowels, Robert Nozick and recently Amritya Sen to focus on issues and arguments concerning the above...(political Philosophy, 2005 pp1)
As political philosophy is about politics mainly, it s...
The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.
Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“
It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.
...Independent Research Study An investigation into the Structure of the Educational System in Morocco and its Capa for Addressing the Needs and Expectations of the Hospitality Industry in the Country
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Date : September 29, 2009
Word Count : 3,069 words
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Table of Contents
I. Consultant’s Brief 4...
This is also the position Stone (2007) takes in the quote under discussion. Furthermore, Stone goes on to declare that Australia has been very slow to implement this practice as compared with other countries and government agencies. One of the primary reasons is that the public policy system in Australia is quite complex and the decision-makers have not come into agreement on where to place it in the policy matrix. This leaves Interprofessional Practice and Education in the dark (or the cold) as far as strategic planning for implementation as well as placing itself within the funding cycles of the government disbursements. (Stone, 2007) Policies are created in order to put in place how politicians and government official...
They are on trial and will be dealt with fairly. These laws ensure that no one, even if he or she has committed a crime is abused or punished cruelly. Following the history of civilization like in china, we see the traces of systems for Criminal justice in order to provide safety for the citizens. Evolving through the years laws have been modified and changed to form the system that we know today. From its start, the “U.S. criminal justice system” has advocated the idea of “checks and balances”. To avoid dictatorial rule, the people who founded this system in such a way that one person was not given control or authority completely to punish the criminals. The idea of assigning a ‘jury...
Perhaps a reason for that was that child mortality rates were high. It was not considered feasible to form attachments with children. They were left up to nature and the survival of the fittest approach. However, at the end of the eighteenth century, the age of “The Enlightenment” brought about changes regarding the status of children. This new cultural awareness was a part of the humanist movements of the age. They were now considered to be the welfare and responsibility of the state. The strict disciplinarian ways were giving way to nurturing and concern. At this point, children were now considered a distinct group.
It wasn’t until the establishment of The Juvenile Justice Courts were children offici...
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