The juvenile justice system is truly unique compared to the adult offender system. Juvenile offenders have distinctive arrest and hearing procedures compared to adult offenders. It is important to understand the process and constitutional rights to effectively navigate the juvenile process as a law enforcement officer, a case manager, a judicial clerk, an attorney, a judge, or a probation officer. As a professional working in law enforcement at any level, it is critical to understand the procedures that control legal situations.
In this assignment you will demonstrates your mastery of the following course outcomes: ? Analyze the judicial processes as they apply to juvenile and adult offenders in the federal and state systems ? Apply the constitutional rights afforded to juvenile offenders for creating effective legal arguments ? Analyze the evolution of juvenile court philosophy and procedure for informing the advancement in critical protections for juveniles ? Assess different options available in juvenile court for informing approaches that reflect fair disposition
Case Study: Jack and Diane are each 13 years old and are best friends. On September 12, 2012, Jack asked Diane to meet at Moe's Convenience Store. While in the store, Jack steals three packs of gum and a candy bar. Jack hands Diane two boxes of candy to place in her purse. Diane places the candy in her purse. The store owner, Moe, notices Diane place items in her purse. As Jack and Diane exit the store, Moe calls their names and runs after them. Jack pushes Moe to the ground and exits with Diane. Moe calls the police and reports the theft. The police apprehend Jack and Diane a few blocks away from the store. The police only retrieve the boxes of candy from Diane but not the packs of gum nor the candy bar taken by Jack. The police escort Jack and Diane to the police station where they question them for two hours regarding the theft. Diane confesses her and Jack's role in the theft. Jack denies any wrongdoing. The police charge Jack and Diane with theft and also charge Jack with simple assault. Their hearings are within the state mandated time after they are petitioned to appear in the local juvenile court.
A case study allows you to evaluate the situation with your course knowledge, regardless of your position in the juvenile justice system, and provides a hands-on approach with juvenile justice. In the case study, you will receive a specific fact pattern that involves the charging and the initial hearing process for a juvenile offender. You will assume the roles of an attorney and law enforcement officer in evaluating the juvenile offender's rights during arrest, the hearing process, and the appropriate options available to enforce upon the juvenile offender.
Specifically, the following critical elements must be addressed:
I. Preparing a Case A. What information would you want to know as a sentencing judge in Jack and Diane's case? Provide a rationale for each choice. B. Explain how Jack and Diane will be treated as juvenile offenders as compared to adult offenders. Why? C. Why is it important to treat juveniles who commit offenses differently than adults? D. Describe how juveniles who commit offenses have historically been treated differently than adults. Why has this view evolved? E. Explain the due process rights afforded to Jack and Diane during the hearing process. Provide rationale for the evolution of the due process rights. F. Determine possible court-ordered options for Jack and Diane, defending your response
II. Jack's Case A. Were Jack's due process and constitutional rights violated during the investigation process? Explain your arguments. B. Were Jack's due process and constitutional rights been violated during the hearing process? Explain your arguments. C. If you were the defense attorney, what arguments would you make in defense of Jack? Defend your response. D. If you were the prosecutor, what arguments would you make in prosecution of Jack? Defend your response. E. Describe how Jack's case would have been handled differently in the federal system. How would the process be different? F. Determine what would be an appropriate court-ordered option for Jack. Explain why this option is appropriate.
III. Diane's Case A. Were Diane's due process and constitutional rights violated during the investigation process? Explain your arguments. B. Were Diane's due process and constitutional rights violated during the hearing process? Explain your arguments. C. If you were the defense attorney, what arguments would you make in defense of Diane? Defend your response. D. If you were the prosecutor, what arguments would you make in prosecution of Diane? Defend your response. E. Would Diane's case have been handled differently in the federal system? How would the process be different? F. What would be an appropriate court-ordered option available based on the fact pattern from the defense attorney and prosecutorial perspectives?