Recommended: Powers of legislative branch
On May 12, 1983, Suzanne Figueroa was abducted at gunpoint in a child care center’s parking lot after dropping off her child. Subsequently, Figueroa was sexually assaulted and sliced with a knife. Suzanne and her husband, Luis Figueroa, sued North Park, the child center operator doing business at Evangelical Covenant Church, for negligent failure to provide adequate parking lot security. After the district court ruled against the Figueroas, they appealed the case arguing material issues of fact exist to prove the Evangelical Covenant Church owed them a duty of protection. The appeals court disagreed and affirmed the district court’s judgment.
Issue: Was the juvenile court’s waiver of jurisdiction valid? Was the statutory requirement of a “full investigation” been met? Rule: The Supreme Court decided there was not an adequate examination preceding the adolescent court waiver of
People v. Smith, 437 Mich 293, 470 NW2D 70, 78 (1991) addresses public policy conflicts and balance as it relates to the juvenile justice process (Elrod & Ryder, 2014). The issue presented in People v. Smith (1991) by the Supreme Court of Michigan is whether the inclusion in the presentence investigative report of an expunged juvenile record, in this case of defendant, Ricky Franklin Smith, requires, under MCR 5.913, presently MCR 5.925(E), that Smith be resentenced (People v. Smith, 1991). The issue involved was that Smith argued that he should be resentenced due to the inclusion of the pre-sentence investigative report of his previously expunged juvenile record. In People v. Smith (1991), it is stated that, “The purpose of the court rule,
The following is a summary of Kansas v. Hendricks, 521 U.S. 346 (1997), including information pertaining to the facts of Hendrick’s criminal history, the procedural history of the cases leading up to the Supreme Court decision, the issues surrounding the Supreme Court decision, and the precedent that has been set for future similar cases. Leroy Hendricks, the subject of this legal matter, is an individual who has exhibited a pattern of inappropriate sexual behaviors throughout his lifetime. Hendricks claims that his sexual misconduct first began in 1950 when he was twenty years old and he exposed himself to two females; shortly after in 1957 he received a criminal charge for indecent exposure, for exposing himself to another female victim.
September 30th, 2001 this 13-year-old boy fishing in Galveston Bay, Texas spotted something in the water. A human torso, no head, no arms, and no legs. Later, police were able to locate the arms and legs in two garbage bags. The torso and limbs belong to 71-year-old Morris Black. Officials never imagined that an eccentric cross-dresser by the name of Robert Durst would be behind the murder of his neighbor.
CASE: In re Gault, 387 U.S. 1, 28 (1967) The right to counsel when facing the prospect of institutionalization was clearly articulated in the case of In re Gault (Elrod & Ryder, 2014). The decision, in this case, was the turning point for the rights of juvenile within the United States Courts (In re Gault, n.d.). This was the first time that the Supreme Court held that children facing delinquency prosecution had several of the same legal rights as adults within criminal courts (In re Gault, n.d.). Rights included the right to an attorney, the right to remain silent, the right to notification of charges, and the right to a full hearing on the merits of the case (In re Gault, n.d.).
Policy Analysis: Megan’s Law Sexual violence, particularly against children, is a significant issue all around the world. In the early 1990’s in the United States, there were multiple well-publicized cases of sexual violence against children. From kidnappings, to rapes, and everything in between, violence was being committed against children and something needed to be done about it. In 1996, Megan’s Law was passed in response to the sexual assault and death of Megan Kanka, a seven-year-old from New Jersey (Corrigan, 2006).
There has not been a more controversial court case since O.J Simpson back in 1995. Casey Anthony made a widespread image for herself which is none other than a psychotic mother who did not care for her child Caylee. Previous relations with her father as a child, George Anthony, provide enough information which shows that he in fact contributed to the behaviors Casey exhibited as a young adult. Both George and Lee Anthony, Casey’s brother, affected a proper stimulation for her to experience as a child with consistent sexual abuse and molestation (Gwynne 2011). Due to these experiences as a young adolescent, Casey grew up to believe it is proper behavior to treat children in such a way they are not capable to feel a specific love and affection
I vividly recall my mother’s astonishment that I, as a 10 year-old, would be glued to the television set. The Casey Anthony case was aired for years, I was fascinated by how the law worked and the new facts that were discovered that threw the case to one side or another; I felt connected to this case because it was in my home state. My mom never grows tired of telling this story, and with every year passing I know she becomes more and more proud of the little girl who admired the men in blue suits on the screen and decided then she wanted to be a lawyer. I remember watching my mom gaze at me with an amazed look in her eye that I have now grown so fond of.
There were many remarkable cases throughout the history of the United States. Some of which, took place in the state of New York. In the early 1900s, a particular murder caught the attention of Arthur Train and many other authors. The trial for the murder had many distinct characteristics, some of which are still studied in the present day.
In Miller v. Alabama, the United States Supreme Court declared that mandatory juvenile life without parole sentencing schemes violated the Eighth Amendment’s ban on cruel and unusual punishment (Rhodes, 2012). This all stems from a night back in 2003, when Evan Miller, Colby Smith and their neighbor Cole Cannon got into a fight at some point during the day. Evan Miller was 14 years of age at the time and Colby Smith was 16 years of age at the time. Later on that evening, Evan Miller and Colby Smith robbed Cole Cannon of $350 and stole his baseball card collection.
(2014). The Trayvon Martin Trial - Two Comments and an Observation. The John Marshall Law Review, 47(4), 11th ser. Retrieved February 21, 2018, from https://repository.jmls.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=2086&context=lawreview.
Listen: In this passage, this is the first time anyone has agreed to sit down with the monster and listen to what he has to say. The entire time Frankenstein’s monster has been alive he hasn’t been able to speak to Frankenstein or anybody without them running away from him. He doesn’t understand why for the longest time, but he finds out when he sees his reflection in the pond and realizes he’s ugly. All he wanted was for someone to hear him out and listen to what he had to say.
Kids were put in juvenile for the most simplest minor offenses. Offenses such as arguing and disrespecting adults to getting into school fights. These little incidents were so minor and could had been resolved easily, yet teens got prison time for minor crimes. According to William Ecenbarger in his book Kids For Cash, he writes about the many different offenses that kids got into and how they were punished and treated for their minor offenses and put into juvenile, and how Judge Mark Ciavarella took advantage of this. Cases like a fifteen year old boy who gets charged for a misdemeanor for showing disrespect to his grandfather and being placed on probation.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.