A Procedural safeguard under Due Process Clause of the Fourteenth Amendment is that a parents or guardians should be present during the interview, and proceedings. I believe that this is a very good safeguard to use with Juveniles. I believe this is a good safeguard because as a child one might not fully understand what is happening. With the safeguard in place the juvenile’s parents are now involved and they may have more of an understanding of what is happening. In the case of Grant Gault, it looks as if the court did not inform them of this right and proceeded anyway. Another reason it is a good idea to involve the parents is because the court wants to make sure the confessions are trustworthy. Sometime Juveniles might be intimidated…
Instead Humes proves that the ineptitude of the court system can only be fixed once everyone in the system has the same goal and is willing to put aside all outside factors such as race or relation in order to fulfill the courts original wish, to rehabilitate and heal. I thought that the book No Matter How Loud I Shout was enjoyable to read as I hope to have a job in the juvenile judicial system as a Court Appointed Special Advocate for children. However, for a reader with no prior knowledge about the juvenile court system, can be widely confusing due to the use of judicial jargon and little background information. For a reader with enough judicial knowledge the book provides an aggravating look into the flaws of the court system and how it affects today’s…
Throughout the book, Humes introduces the reader to several youthful offenders as they pass through the juvenile justice system. These offenders come from a variety of backgrounds, and have committed a variety of crimes, but most of them were involved in violent felonies. A dividing issue within the juvenile justice system is whether to transfer juvenile offenders to the adult criminal justice system. Humes clearly illustrates that making this distinction based on age- sixteen in California- is arbitrary and flawed. One boy shot the couple that employed him, and that he claimed to love, in the back of the head with a shotgun, point blank. The boy spent his time in court giggling, waving to his parents, lying on the stand, and showing no remorse. However, because Ronald Duncan was nine days shy of sixteen when he committed this heinous crime, he cannot be transferred to adult court. As such, the maximum amount of time the system can keep him off the street is until he is twenty-five. That is a maximum sentence of only nine years for a premeditated double homicide. Geri Vance’s case stands in startling contrast. Coerced into a robbery, he and his partner attempted to steal cash at gunpoint from a front desk clerk at a motel.…
Recently, the United States Supreme Court has decided to hear a Florida case, Sullivan v. State, 987 So.2d 83 (Fla. 1st DCA 2008), where a minor received a life without parole sentence in a conviction for rape.3 This note will analyze the Sullivan case and predict how the Court will likely rule. There are two dimensions that this note will discuss: First, the Eighth Amendment jurisprudence of the United States Supreme Court regarding proportionality in sentencing. And second, the Court’s treatment of minors under the Eight Amendment’s “cruel and unusual” clause.…
L’Enfant was born in Paris, France on August 2, 1754. He was the third child of Marie Charlotte L’Enfant and Pierre L’Enfant. He had one older brother and one older sister. Although in when he was just four years old, his brother Pierre Joseph died at the age of six, and Pierre Charles became the eldest son. Their mother, Marie was twenty-five at the time of Pierre’s birth and she was the daughter of a minor marine official. His father, also Pierre L’Enfant was a painter with a good reputation because he worked with King Louis XV. Overall, Pierre Charles L'Enfant had a very normal early life and childhood, growing up in a stable home with two loving parents. He did though, hit a struggle when is oldest brother passed…
He’s thirty-three years old, waking up on a cold, hard bed, eating “nutritious” food, scared of the other inmates, knowing his life will end in prison, all for a crime he committed when he was fourteen. He knows that he has a lot longer to serve as he was given a life sentence. This man described, who was once a child delinquent, is like many other children in America who faced the same fate. Since the very first court case of a child murderer, the debate of whether children should be tried as adults has been a raging discussion.…
1.In 1967 in In Re Gault the U.S. Supreme Court stated that “the condition of being boy does not justify a kangaroo court” thus ruling that the constitution applies to proceedings in the juvenile court. The term “kangaroo court” refers to judicial proceedings that have the appearance of fairness but are not because outcomes are predetermined in advance of the trial. Describe how Judge Civarelli denied juveniles their constitutional rights.…
In this case, Roper v. Simmons, Kennedy has once again shown himself to be one of the most powerful legal activists of our times, ready to impose his own sense of morality and law upon the rest of society. In his majority opinion, Justice Kennedy cited “the evolving standards of decency that mark the progress of a maturing society” and the court find the death penalty for juveniles to be cruel and unusual punishment, and thus unconstitutional. Moreover, Justice Kennedy turned to psychology as the platform for his argument. He stated that adolescents under age of 18 lack maturity and have “a underdeveloped sense of responsibility. Secondly, he stated that juveniles are ““more vulnerable or susceptible to negative influences and outside pressures, including peer pressure.” Finally, he argued that “the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory, less fixed.” With the backing of American Psychological Association’s reasoning and Supreme Court’s majority opinion, the Roper decision will go down as one more milestones in the U.S. Supreme Court’s project of judicial activism and taking moral values into…
In Chapter 1 of the text, our author talks about "putting it all into perspective." After reading chapters 1 and 2 and reviewing the video Young Kids, Hard Time (this video is recommended, but not required), select one of the juveniles from your reading, the movie, or you may speak from personal experience and a particular juvenile in mind. Address the three questions in the following quote from the video:…
Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…
In early modern Europe, various assumptions were made about children and how to raise them. Some families went with detachment, tender love, or cruelty. All of these assumptions, more or less, affected child-rearing practices.…
This particular case is very interesting because it pushes the Supreme Court to address several questions about the American legal system, and where the line is drawn when punishing juvenile offenders. It questions whether a juvenile convicted of murder violates the Constitutional rights that prohibits cruel and unusual punishments, and it questions that violation when imposed on a juvenile "as a result of a mandatory sentencing scheme…
This paper will examine the history of the Juvenile Court system and its intended purposes, the history of capital punishment being used against minors, court decisions both in limiting capital punishment for youthful offenders, as well as upholding states rights to sentence juveniles to death. Most importantly, we will analyze possible factors that contributed to the decision of Roper v Simmons such as the international community's opposition of the juvenile death penalty and the majority consensus of the American public in outlawing this practice.…
When dealing with an upset colleague I would use the following skills. Eye contact, as this encourages the person to open up. Active listening, shows interest and boosts self- esteem. Also showing friendliness establishes professional relationships.…
The impact of the Gualt decision on the juvenile justice system can be broken down to four important parts. One is that juveniles were now allowed the right to counsel. Another is that juveniles were allowed a notice of charges. Also juveniles were given the right to confront and cross examine witnesses. Juveniles also gained the right to…
