ipl-logo

The Influence Of Classical And Positive Schools On The Criminal Justice System

951 Words4 Pages

The viewpoints of the classical and positive schools are significant because they endure throughout their time and have a lasting impact on current criminal justice concerns. The classical and positive schools of criminology have completely different strategies and techniques for analyzing crime. The classical school, on the other hand, presents a swift, certain, and severe approach that was popularized during the Enlightenment in the 18th century and continues to have a significant impact on the criminal justice system today. The In re Gault case, which succeeded in defending the rights of juvenile criminals, has had an important effect as well. By understanding further about these fascinating topics, it will become evident why they are still …show more content…

Comparatively, the classical school of penology and criminology used a nonempirical mode of inquiry, much like the classical Greek philosophers (Stohr & Walsh, 2017). Cesare Bonesana Marchese di Beccaria, the leader of this classical school and a professor of law from Italy, presented what would later become a plan for the reform of the legal and penal systems in all of Europe (Stohr & Walsh, 2017). Additionally, Jeremy Bentham made contributions to the writings of the classical school, which created the framework for the current criminal justice system and had a significant impact on the field of criminology. Beccaria did not think that punishment was necessary, but he did think that laws should be made to uphold public safety and order rather …show more content…

In the case of In re Gault, the issue was whether juveniles who are charged with crimes are entitled to the same constitutional safeguards and due process guarantees as adults, or if they may be subjected to less stringent procedures within the juvenile system. Next, the Supreme Court's ruling in In re Gault established the rule that minors have a right to due process. This rule ensures fairness and protects minors' rights, including the right to have an attorney represent them, the ability to confront witnesses, and the privilege against self-incrimination (Abadinsky, 2017). The juvenile justice system was significantly affected by the examination of the In re Gault rule. It demanded that charges against minors be made clear to them, ensuring that they are aware of all aspects of the claim. The decision also required the appointment of juvenile legal representation, ensuring that they get the support and direction of a lawyer during the proceedings. As a further safeguard for their right against self-incrimination, it was ruled that minors cannot be made to testify against themselves. In conclusion, the case had a significant influence on how adolescents were handled by the criminal court system. In re Gault is significant because it recognizes the due process rights of

Show More
Related

Case Brief Procedural History Of Kent V. United States

678 Words | 3 Pages

Rule: The court ruled that all children under the age of 18 should have the same rights as adults. Analysis: these requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross-examination at the hearings, and adequate safeguards against

Read More

Summary Of Fare V. Michael C.

734 Words | 3 Pages

Therefore, a juvenile’s request to have their probation officer present is not a per se invocation of their right to remain silent. The Supreme Court held that the respondent clearly waived his Fifth Amendment rights, and the statements and sketches were given voluntarily so they should be admissible in court. This decision was held with a 5 to 4 vote from the court justices (Fare v. Michael C.,

Read More

Gerald Gault Court Case Summary

891 Words | 4 Pages

The court noted that if Gault had been 18 years of age at the time of his arrest, he would have been afforded the procedural safeguards available to adults. They went on to closely examine the juvenile court system, determining that while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency involving incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The United States Supreme Court ruled in favor of Gault by reversing and remanding his sentence from the lower courts (In re Gault,

Read More

Jb V. North Carolina Case Study

716 Words | 3 Pages

The question specifically posed for the court to address is whether the courts should consider the age of a juvenile suspect when deciding whether he or she is in custody for Miranda purposes. The Supreme Court issued an opinion by Justice Sonia Sotomayor determining that a age should be considered when determining if a juvenile suspect is in custody and should be issued their Miranda rights. Sotomayor’s opinion stated, “It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. Seeing no reason for police officers or courts to blind themselves to that commonsense reality, we hold that a child’s age properly informs the Miranda custody analysis” (The Oyez Project as IIT Chicago-Kent College of Law). The case was returned to a lower court to determine how the age of J.D.B. may have impacted the statements and evidence obtained by

Read More

Juvenile Court Case Of Fare Vs. Michael C.

774 Words | 4 Pages

In the case of Fare versus Michael C., the question at hand is whether a juvenile defendant requesting to speak with his probation officers was a violation of his Fifth Amendment right to remain silent. The important issue was to dissect rather Michael C. requesting to have his probation officer present was equivalent to an attorney representation. When informed that this was not possible, he waived his rights and made admissions. In 1979, police officers arrested sixteen-year-old Michael C. involving him in a murder that occurred during a robbery in the victim's home. Since the age of twelve, Michael had been on probation and had a long criminal offense background.

Read More

What Was The Legal Significance Of The Case Of Gerald Gault

878 Words | 4 Pages

In Re: Gault The legal significance of the case of Gerald Gault was the process of due processing, and the violations/ discriminations made in the juvenile court system. The plaintiff was Gerald’s neighbor, Mrs. Cook. The defendant was fifteen year old Gerald Gault. On June 8, 1964, Gault and a friend Ronald Lewis made a lewd call to Gault’s neighbor Mrs.Cook. She called and made the complaint of the call and the calls sexual contents.

Read More

Pros And Cons Of Proposition 21

955 Words | 4 Pages

It is almost always evident that when these kids go through adult trials that they have no idea what’s taking place. Most people at these ages can't grasp onto adult responsibilities and legalities or they have't even heard of such things like parliamentary procedure. The director of the MacArthur Division Laurence Steinberg says that juveniles that are being tried as adults are not competent hold their own. “In all likelihood, a large number of juveniles who are being tried as adults are not competent to stand trial,” (Salant 3). On top of that, these kids aren’t allowed to speak to any form of relative during trial.

Read More

Slender Man Case Essay

1461 Words | 6 Pages

One of aspect in juvenile cases is the maturity of the criminal, and whether or not they had the brain capacity to determine what they had done. This interpretation of youth capacity is not one of the key aspects because it is solely on the judge’s interpretation of adolescence because, “ states may allow the juvenile court judge or the prosecutor to make a decision to waive or transfer a case to the adult court” (Campaign for Youth Justice). This phycological judgment by the judge is very opinionated, which does not make it as strong. One key example of the immaturity was the Affluenza case with Ethan Couch, who had killed four people, injuring two, was given a lighter trial as he was, “suffering from "affluenza" has been ordered by a judge to attend an undisclosed rehabilitation facility” (The Guardian). Even though these court cases are allowed to be taken from juvenile to adult court by the judge it is not generally the case, for there are much more key factors that are put into play such as whether the crime was

Read More

In Re Gault Case Study

863 Words | 4 Pages

“The court consistently held that children are entitled to the same due process as adults. With that understood, however, the Court has also consistently held that, from a developmental standpoint, youth are different from adults, which greatly impacts how courts should treat them in a whole host of areas, such as waiver of rights, culpability, and punishment” (National Juvenile Defender Center). This shows that the juvenile delinquent cases before In Re Gault were not highly regulated. The Court believed that handling juveniles needed to be very different from the way the courts handle adult cases. In Re Gault changed that.

Read More

Compare And Contrast Miller Vs Alabama

903 Words | 4 Pages

The 8th Amendment plays a significant role in this case. This is significant for our civil liberties. Along with the eighth amendment when lawyers use children’s characteristics including age, which are using precedents in these types of cases. This is used to guide the decision in the courtroom. An example of this happening is Jackson v Hobbs which is another case of a juvenile committing a harsh crime that would have been punished with life in prison without parole if the defendant was not a child.

Read More

Impact Of Roper V Simmons

1055 Words | 5 Pages

Roper v. Simmons is considered a landmark case and is one of a handful that shows a new direction in granting some relief from what has been established as harsh “adult” punishments for juveniles (Elrod & Ryder, 2014). In fact, many studies are showing that the differences between adults and juveniles are quite significant (Elrod & Ryder, 2014). The courts are realizing that these differences must be taking into account when dealing with juveniles in the criminal justice system (Elrod & Ryder, 2014). However, that being said, change does not occur overnight, and for the unforeseeable future, juveniles will still continue to be waived into adult courts (Elrod & Ryder, 2014).

Read More

Three Major Court Cases

677 Words | 3 Pages

The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.

Read More

Ted Bundy: The Deterrence Theory

1982 Words | 8 Pages

Very soon after the implementation of ideas from the Classical School did governments discover one fault with the idea. The Classical School of Criminology did not address the mens rea (intent) of someone’s actions. For example, Beccaria didn’t care if one murdered their brother out of cold blood or if, while sparring with one another, one hit their brother too hard and they died due to brain damage. Either way, the punishment for fratricide needed to be carried out the exact same. Seeing the problem with this, the United States and

Read More

Juvenile Court Competency

579 Words | 3 Pages

In 1967, the Supreme Court’s decision in In re Gault validated that juveniles fall under the United States Constitution, and therefore have a right to a competency test (Romaine, Kemp, & DeMatteo, 2010). It is in applying the Dusky Standard to juvenile cases that the statute becomes unclear – it is much more uncertain whether Dusky applies equally to juvenile court, and if Dusky standards should be different for juvenile defendants in criminal court (Sanborn, 2009). Twenty states consistently process defendants in juvenile court without a clear standard for CST, while eighteen have implemented detailed standards on CST in juvenile court (Sanborn,

Read More

Juveniles Should Not Be Treated The Same As Adults Essay

760 Words | 4 Pages

Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.

Read More

More about The Influence Of Classical And Positive Schools On The Criminal Justice System

Related Topics

Open Document