The defense attorney. As Jack’s defense attorney, I would first argue that the police did not find any evidence that Jack stole anything. The only physical evidence was found on Diane. Also, Jack did not admit to any wrong doing. Anything he said to the police should not be allowed as evidence because his parents were not notified or present during the questioning (15 M.R.S. §3203-A (2)(A)). Moe, the store owner, only witnessed Diane putting stolen items into her purse. I would argue that Diane, being a part of the issue, is not a valid witness against Jack. She may place the blame on Jack for her actions to escape having to be adjudicated. Her confession should not be valid anyway because her parents or attorney were not present (15 M.R.S. …show more content…
The appropriate court-ordered option for Diane would fall under 15 M.R.S. §3314(2). This would allow the court to suspend the disposition as long as Diane meets certain requirements (15 M.R.S. §3314(2), 1977). Diane needs to be made aware that she will be released to her parent’s authority, cannot hang out with Jack, and that she cannot get into any other trouble. She will be on probation for at least 90 days and will need to come back to court and will receive punishment for her role in the theft. Diane will need to answer for any new juvenile acts with a harsher penalty because she has repeated bad behavior. This would allow for the defense’s position by allowing her leniency. It will also address the concerns of the prosecutor by still having a punishment in place if she has any new offenses. This will show her that she is responsible for her behavior and that there are consequences to her actions without being too harsh. In Diane’s case, going through the process will most likely be enough of a lesson for her. If Diane was treated too unfairly and harsh, she may feel that she is a juvenile delinquent by being labeled one, and continue bad behavior (Champion, Merlo, & Benekos,