Equity and Common Law

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  • Topic: Saint Vincent and the Grenadines, Law, Court
  • Pages : 9 (2359 words )
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  • Published : May 8, 2013
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AIM & OBJECTIVES ………………………………………………………………………………………………………………………………….1
METHODOLOGY……………………………………………………………………………………………………………………………………….2 FINDINGS:
CHAPTER ONE: THE FAMILY COURT……………………………………………………………………………………………………3-4 * INSTITUTIONALISATION/BACKGROUND
* STRUCTURE/PHYSICAL LAY OUT OF COURT
* ROLE/RESPONSIBILITY
CHAPTER TWO: DEFINITION OF TERMS ……………………………………………………………………………………………….. 5 * JUVENILE
* JUVENILE COURT
* JUVENILE SENTENCING
* BIASES IN JUVENILE SENTENCING
CHAPTER THREE: PRE-REQUISITES REQUIREMENTS TO JUVENILE OFFENDERS TRIAL ………………………………6 * CONSIDERATION FOR JUVENILES BY COURT
* POWERS OF THE JUVENILE COURT
CHAPTER FOUR: BIASES IN JUVENILE SENTENCING …………………………………………………………………………….7-8 * GENDER BIAS
* SYSTEM BIAS
* DUE PROCESS &THE JUVENILE
DISCUSSION OF FINDINGS ……………………………………………………………………………………………………………………… 9
RECOMMENDATIONS …………………………………………………………….……………………………………………………..........10
BIBLIOGRAPHY ………………………………………………………………………………………………………………………………………11
APPENDIX ……………………………………………………………………………………………………………………………………………..12

AIM:
To consider or document the extent of Juvenile sentencing biases in Saint Vincent and the Grenadines.

OBJECTIVES:
i. To determine the level of fairness in sentencing Juveniles in St Vincent and the Grenadines,

ii. To determine whether any sentencing guidelines are available to minimise disparity in sentencing,

iii. To look at the various sentencing options available to Juveniles or young offenders,

iv. To offer recommendations based upon research findings.

Prior to the decision to utilize Methodologies for this project, it was critical to ensure that every effort was made to guarantee that all available possibilities are explored. It is in light of this, that the researcher applied the following:

i. Collection and collation of related literature and documentary reviews via the internet, actual texts and articles,

ii. Visitation to the libraries of the Community college, Family Court and Documentation Centre and the Kingstown Public Library,

iii. Referencing the Constitution and other relevant laws of St Vincent and the Grenadines,

iv. Interviews with the President of the Family Court and at risk Juveniles.

i. ITS INSTITUTIONALISATION/BACKGROUND:
The Family Court of St Vincent and the Grenadines although established as a Court of record in 1992 with powers of civil and criminal functions and all sittings held in camera, began operations in 1995. It is the first of its kind to be established in the Eastern Caribbean and the second in the English speaking Caribbean. To date, the Court has witnessed four Presidents; three women and one man. The Court commenced operations at the Lyric Building where other Magistrate’ Courts were, but now services the Vincentian populace from its own space at Rose Place.

ii. STRUCTURE & PHYSICAL LAY OUT OF THE COURT:
The Court is headed by a President who is a lawyer by profession. She is complemented by three (3) counselors, Court clerks, bailiff and police officers that are dressed in civilian clothes. The Physical building includes the Court, President’ office, counseling rooms, a Secretariat, conference, dining room and a kitchenette. There is also a stairway at the back of the building which enhances the Security provided for Madame President. iii. ROLE/RESPONSIBILITY OF THE COURT:

The Family Court Act of 1992 introduced a new legal approach to social, behavioral and emotional problems in St Vincent and the Grenadines. It is seen as a new form of Court equipped with professionals capable of developing and applying new approaches to Family issues, with all cases held “in camera” and according to the President, “the Court having full...
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