Case Perspective in Juvenile Justice System - Coursework Example

Children under age twelve, who are in the care of single parent and alone after school hours, are prone to engage in criminal and other highrisk behavior. Data compiled by National Centre for Juvenile Justice substantiate this observation and stress the need for special proceedings that serve as an ameliorative alternative to the criminal prosecution of children. Role of Law Enforcement Agencies concerning crime and justice, such as police, juvenile justice officer, probation officer, defense attorney, and magistrate are paramount in identifying the culprit, and deciding severity of the crime, as well as recommending suitable correctional methods in order to transform the delinquent and prevent recurrence. Comprehensive intervention programs, with the help of affordable, accessible, and appropriate to all concerned, should be used to fostering cooperation among families, schools, and communities to interact with child offenders who are prone to commit serious and violent crimes. After schools programs under the supervision of caring adults will inculcate resilience in children and transform them into successful adolescents. Case Perspective in Juvenile Justice System Children in the USA are arrested, under the provisions of “Juvenile Justice System,” on suspicion of violating criminal laws for frequent truancy, running away from home, violating curfew, possession of alcohol, possession of marijuana, and shoplifting. “Compared with juveniles who start offending in adolescence, child delinquents (age 12 and younger) are two to three times more likely to become tomorrow’s serious and violent offenders.” (US Department of Justice, 2003). It is observed that school-age children and teens that are unsupervised during the hours after school are far more likely to use drugs, engage in criminal and other high risk behavior, receive poor grades, and drop out of school than those children who have the opportunity to benefit from constructive activities supervised by responsible adults. The absence of father or a peer or equivalent in the home magnifies the negative impact of mother-child relationship upon adolescent problem behavior. Data compiled by the National Centre for Juvenile Justice and Office for Juvenile Justice and Delinquency Prevention shows that “the peak hours for violent juvenile crime are between 3.00 PM to 8.00PM because millions of young children after school are left without responsible adult supervision or constructive activities.” At this juncture we should not forget the words of President Clinton that “we must make sure that every child has a safe and enriching place to after school so that children can say no to drugs and alcohol and crime, and yes to reading, soccer, computers and a brighter future for themselves.” (Fox et al, 1997). Case Perspective: In the present case, the accused is a twelve year old “latch key kid” from a single parent home, whose mother works from 2 pm to 11 pm from Monday through Friday. There is a great chance for the kid to be delinquent and to develop conduct disorder in the absence of an adult family member after school hours. The victim’s brother, aged 16, on return from his work reported the case to the police. The juvenile was taken into custody on a combination of charges: 1) possession of alcoholic beverage; 2) unlawful possession of marijuana, a controlled substance; and 3) and attempted sexual assault of a minor girl. The police officer believed that the delinquent committed an act of felony and, therefore, detained the offender until hearing by a judge. The juvenile justice system: The juvenile court system gives child delinquents more opportunities to reform and do not adjudicate very young, first time offenders. Repeat and serious offenders must be dealt with legally when the traditional approach of intervening by families, service agencies, and schools fail to give children the help they need. Juvenile delinquency proceedings are not criminal prosecutions, but are special proceedings that serve as an ameliorative alternative to the criminal prosecution of children. Duty of Police Officer: Police enforce specific laws, investigate specific crimes, search people, victims, buildings, and arrest or detain people. Law enforcement agencies learn about crime from the reports of victims or other citizens. Besides a police officer in the field, informants, or investigative and intelligence work agent may also report a crime. Then the suspect must be identified and apprehended to prosecute him through the legal system. After the arrest, law enforcement agencies provide information about the accused and present the case to the prosecutor to decide formal charges to be filed with the court. A suspect charged with a crime must be taken before the judge or magistrate at the earliest. It is the responsibility of a judge or magistrate to inform the accused of the charges and decide probable cause for detention. The pretrial decision to release a suspect on bail or posting a financial bond is influenced by the probable cause prompting the accused to commit a crime. The accused has the right to be informed of the charges, advised of the rights of criminal defendants, and asked to enter a plea to the charges. A police officer should serve summons to the accused, and a copy to parent or a responsible adult in the family, to attend court and brief the accused about it and the outcome in the event of failure to appear on the specified court date. If the delinquent abstains from attending court, on the designated day, the magistrate can order “warrant” against him and the police may arrest and detain the accused in custody until he is produced before the magistrate of the children’s court. A warrant is a legal document accusing a person of committing crimes, requiring that the person be arrested, be brought before a magistrate for a pretrial (or bail) hearing and be required to appear in court to answer the accusations. Duty of Prosecutors: Prosecutors file charges or petitions for adjudication, seek indictments, drop cases or reduce charges. A petition is a legal document containing the written statement which brings the case involving a juvenile into court. It contains facts concerning the case and requests a hearing to determine the truth of these facts and to take whatever action is appropriate and permitted by law. Police prosecutor will explain the case, facts and evidence the police observed, opposition, if any, in granting bail, and the police’s attitude towards any penalty being imposed against the accused, to the magistrate. A juvenile justice officer advises the magistrate about past record of the accused, successful completion of community work hours on the last occasion, and any other sentencing issues. During the adjudicatory hearing in delinquency case, all charges must be proven beyond a reasonable doubt before guilt is established. The disposition decision and corrective measures are based on the juvenile’s background, including prior offenses and personal history, social history, physical and mental condition, environmental circumstances at home, the facts and circumstances of the acts for which the individual was convicted including seriousness of the offence and other factors which help the judge determine the “best disposition” for the juvenile. (The Juvenile and Domestic Relations District Court, 2003). Probation officer: Juvenile Probation officers meet the juveniles and their parents and explain court procedures and rules prior to hearing, review terms of probation, bailiff duties, and referrals for diagnostic assessment, and ensure families follow through with recommendations of the Court. They facilitate the rehabilitation or treatment of those who come before the court. Court service unit reviews complaints to determine the necessity of court involvement, conducts background studies on a juvenile’s social and educational background, supervise probation, aftercare and domestic care. Increasing public safety and reducing recidivism through successful reentry programs that allow offenders the opportunity to positively contribute to the community are the mottos of any correctional facility. More serious offenders, based on the offence committed length of sentence, and prior criminal history, are evaluated according to their individual risks and needs, and are placed in correctional programs. Defense Attorney: A court generally appoints a lawyer who protects the juvenile’s best interests. The assistance of a defense counsel or an attorney could be used by suspects at the initial appearance, depending on the severity of charges. A person accused of a serious crime is guaranteed with a trial by jury or a judge from trial bench. If the suspect is needy and cannot afford personal representation, the court will assign a counsel at the expense of public. The defendant lawyer is responsible to tell the magistrate what the accused intend to plead, present the factual situation leading to the crime, and speak to the magistrate to grant bail or acquittal based on evidence and justifiable conclusions before him. In the instant case, Defense attorney has to think away from the police version and correlate it with the submission of accused. First and foremost, the victim is older to the accused; she invited him, a lonely kid; arranged alcohol and marijuana, and had “consensual” sex, after getting inebriated. This was interrupted by victim’s brother aged 16, who informed the police. The head injury to the victim, with the heel of a shoe, may be inflicted by victim’s brother under fury of consuming his stock or having seen in copulation with a junior, as the accused was unconscious at the time of arrival of police. It implies that the accused was not actually in possession of alcohol or marijuana. The victim might have pilfered these from her brother’s stock or stolen from some other source. Sexual assault has to be ruled out as the accused was permitted to enter her house and enjoy drugs by none other than the victim. The accusations are not fully justifiable and the victim and her brother are also under the shadow of doubt for possession of drugs and possible assault on a minor. Though the accused had a stained past record he should be exonerated from the present crime. But correctional method to prevent the accused from drug abuse and sexual indulgence at young age should be explored. Being alone after school time he should be given mental health care and enrolled in after-school programs by safeguarding his constitutional rights. Duty of Judge Judges or magistrates set bail or conditions for release, accept pleas, determine delinquency, and dismiss charges. The sentencing choices available to judges and juries include incarceration in a jail or confinement facility, probation, fines, restitution, and even death penalty. When juveniles are referred to the juvenile courts, the court’s intake department or the prosecuting attorney determines whether sufficient grounds exist to warrant filing petition that requests an adjudicatory hearing or a request to transfer jurisdiction to criminal court. If the judge decides that a juvenile is to be released from detention, he also decides who shall have custody, whether to be restricted, and who shall be responsible for the juvenile until trial. Detention will be continued only if the juvenile is a threat to himself or the community, no parent or other suitable person is able and willing to supervise and take care, or his health or life would be placed in danger on his release. In the present case all the three persons involved, namely the accused, the victim, and the witness are aged below seventeen and fall under the jurisdiction of juvenile justice. All the factors -- A boy starts working at young age of 16, a girl of 14 managing alcohol and marijuana, and a child of 12 from single parent family engage in alcohol and drug abuse point to the pecuniary and poor social condition of their family and necessity of social intervention to correct these youngsters. All the three should be put in separate juvenile correctional facilities to promote their mental health and active involvement in pro-social activities. Corrective measures: Concerning crime and justice, legislative bodies have recognized that they cannot anticipate the range of circumstances surrounding each crime, anticipate local mores, and enact laws that clearly encompass all conduct that is criminal and all that is not. “Secure detention differs from secure confinement as youth upon arrest are held in juvenile hall to ensure court attendance. Under secure detention youth who are adjudicated delinquent are sent to secure confinement. When youth languish in detention facilities for a long period, they usually do not have access to the treatment, education, and vocational services that they need.” (Austin et al, 2005). Comprehensive intervention programs should be used to fostering cooperation among families, schools and communities to interact with children or young juvenile offenders who are prone to commit serious and violent crimes. With the help of affordable, accessible, and quality after-school programs, major behavioral changes as well as academic and social skill development could be brought to children who are left on their own after school or under “latchkey.” (The potential of After School Programs, 1998). After-school programs which provides rewarding, challenging, and age-appropriate activities in a safe, structure, and positive environment under the supervision of caring adult help to reduce and prevent juvenile delinquency and shield children from injury and violent victimization. Developing resilience through increased interaction with caring adults and age-peers, along with positive attributes, will help children to develop more skills to handle conflicts effectively, and transform them into successful adolescents. Reference US department of Justice. (2003). Child Delinquency. Retrieved November 08, 2007, from http://www.ncjrs.gov/pdffiles1/ojjdp/193410.pdf Fox, James Alan et al., (1997). Fight crime: Invest in Kids. A report to the United States Attorney General. Executive summary. Retrieved November 08, 2007, from http://www.popcenter.org/Problems/Supplemental_Material/vandalism/Fox&Newman_1997.pdf The potential of After School Programs. (1998). Safe and Smart: Making after-school hours work for kids. Chapter1. Retrieved November 08, 2007, from http://www.ed.gov/pubs/SafeandSmart/chapter1.html Austin, James et al., (2005). Alternatives to the Secure Detention and confinement of juvenile offenders. US Department of Justice. Retrieved November 08, 2007, from http://www.ncjrs.gov/pdffiles1/ojjdp/208804.pdf The Juvenile and Domestic Relations District Court. (2003). Virginia’s judicial system. Retrieved November 8, 2007, from http://www.courts.state.va.us/jdrdc/jdrdc.htm Read More