LEG420 DISCUSSION QUESTIONS AND RESPONSES
ANSWER EACH QUESTION HIGHLIGHTED IN BLUE AND RESPOND TO THE HIGHLIGHTED STATEMENTS IN PURPLE WITH 100 WORDS OR LESS AND KEEP THEM LABELED AND HIGHLIGHTED SO I CAN KNOW ANSWER GOES WHERE.
A. Juvenile Courts Please respond to the following:
- From the e-Activity, choose two (2) types of trial waivers that are currently used in your state’s juvenile court system. Compare the differences and similarities in the method(s) in which the court uses such waivers. Justify your response.
- From the e-Activity, suppose a thirteen (13) year old individual previously charged with repeated shoplifting offenses is now facing stiffer sentencing. Given this individual’s history, debate whether or not you believe he / she can contest any of the waivers that your state juvenile court may use. Provide a rationale for your response.
In my state of Georgia there is the Statutory Exclusion and Concurrent Jurisdiction Waiver. The statutory exclusion is a provision in law that excludes offenses such a first-degree murder from the juvenile court district. This means that if a juvenile is to commit a first-degree murder in the state of Georgia than he will be tried in adult court where he may be permitted a trial jury. Concurrent Jurisdiction is a legal provision that allows the prosecutor to file a juvenile case in both juvenile and adult courts. This is normally done if the offense and the age of the accused meet a certain criteria. There is not much similarity in the two. The only similarity is that each case can be seen in adult court. The difference is that the concurrent jurisdiction waiver not only allows the case to be seen in both adult and juvenile courts, but the case can be seen in both courts concurrently.
Although courts do consider criminal history, I believe that if the history consists of mostly misdemeanors then the juvenile may be able to contest to being waived up to an adult court. In most cases juveniles are waived up to adult courts for committing a felony, or if they will be receiving a severe sentencing. In a shoplifting case it is considered a misdemeanor in Georgia if the value of the items stolen are equal to or less than $300. If the items are more than $300 then this shoplifting becomes a felony. I still believe that if a juvenile is charged with a shoplifting felony, his case will most likely be seen in a juvenile court. I say this because even though it is a felony, the sentencing will not be too severe to the point that it must be adjudicated in an adult court. Therefore, I personally believe that a juvenile has a strong chance of contesting to be waived up to an adult court whether he is charge is misdemeanor shoplifting or felony shoplifting.
B. Criminal Court Processing Please respond to the following:
- John Doe, a juvenile, steals a vehicle and drives it around his city. While driving the vehicle, he wrecks the vehicle and he is charged with vehicular manslaughter. As a prosecutor, compare and contrast the primary factors that you need to consider when requesting that a court grant a trial waiver petition and transfer of the juvenile case to an adult court. Provide a rationale for your response.
- Take a position as to whether or not you believe blended sentencing affords juveniles their full constitutional rights. Discuss the key attributes that result in the usage of blended sentencing in today’s juvenile courts. Provide examples of related instances of blended sentencing to support your response.
John Doe’s actions are what make this crime suitable for adult courts no matter the intentions of intentionally killing or not the reckless lack of care for the general public is there. There was someone killed by John Doe’s actions and in Virginia 1st degree murder always constitutes automatic transfer, although this transfer isn’t considered automatic there are other factors involved in this that makes the juvenile capable of standing trail in circuit court starting with the lack of care for the public. Grand Theft Auto whether a minor or an adult is lack of care for another person’s property and is an adult crime also, transfer to adult court would also give the juvenile the right to trial by jury instead of automatic guilty in juvenile courts.
In Virginia we do see blended sentencing in this case with juveniles tried in circuit court with a jury trial they are still sentenced by a circuit court judge but they are allowed to have juvenile and adult sentencing. If a juvenile is charged and convicted of murder in a circuit court in Virginia they can be kept in juvenile housing until they are old enough to be sent to adult housing. But if the crime is not violent there is also a status for serious juvenile offenders in which the maximum time allowed for a juvenile goes from three years to seven years or till their twenty first birthday whichever comes first. Because juveniles sentenced in adult courts are still allowed access to juvenile sentencing it is fair I think to say they are given a lot of rights and even some adults do not see.