Structure of the Juvenile Justice System
Tom Jones is
a sixteen-year-old repeat juvenile offender who has just been detained by the
police for attempted murder.
To begin
with, now that law enforcement has Jones in th6eir custody, because he is a
repeat offender, they will take their time processing him. Why? This is in
hopes of annoying the offender, and maybe this will instill in said persons
mind that disobeying the law is unsatisfactory. While the offender is being
processed, the parents or guardians will be notified.
After the
offender has been processed, Mr. Jones will be detained into a detention center
so that he can be prosecuted. At this time, his Attorney, and representative on
his behalf will meet with him, and attempt to get his version of the story, and
see if there is a bail hearing. Jones Attorney will meet with the Prosecutor
and see if they can work out a diversion, or some kind of lower sentence, or
plea. The chances that Jones will get to see his family before court are slim
to none, unless it is by way of a TV screen.
Under the
Prosecutors discretion, he will then transfer the case through the Criminal
Justice system, by way of Juvenile Court intake system, because of Jones age.
During this time, Jones is still being held in detention, and still being
questioned, and as well as decided if he is in the right frame of mind, and
what caused him to actually attempt to murder someone.
After
speaking with Jones, decisions will be made if he should be given diversion or
prosecuted. At this point he is given a formal processing, which can result in
a judicial waiver, or a dismissal. Jones, being that he is sixteen, has a
chance of being waived into the adult court system, should the Judge see fit,
because it is attempted murder. The Judge must thoroughly read over the case,
and the circumstances, and decide what road he should take.
Because
Jones is a repeat offender, and is sixteen, I would waive him over to the adult
system. If you want to act like an adult and attempt to take a person’s life,
then in this case, we will treat you like one. Therefore, the Judge decided to
enact his ruling with a Judicial waiver and place sixteen-year-old Tom Jones
back into the Criminal Justice system and try him as an adult.
At this
point the system will argue that he is a minor, and he is not capable of
handling himself in the adult system, but the Judge responded with, “He
should’ve thought of that when he tried to kill so and so.” And banged his
gavel.
Once in the
criminal justice system as an adult, Tom Jones is no longer protected, and he
can now be tried as adult. However, that is not what the Judge wants in this
case. All he wants is simple. He wants to give Tom Jones six months, without
parole in an adult facility, and then one year on adult probation. He then
wants him to return to School, or obtain a G.E.D. if Jones gets a G.E.D. he
wants him to obtain a job immediately after that. After sentencing the Judge
says to Jones, “I don’t want to see you again.”
Jennifer
Smith is a fifteen-year-old first-time offender who has just been detained by
the police for vandalism.
Once
detained, the officers in question called Miss Smiths parents. While they were
trying to get a hold of her parents, Miss Smith is shaking and crying. It was
and is her first time acting out, and she was only trying to make new friends,
and following along with the peer pressure. She was sick and tired of being
bullied, and was convinced this would stop it, if she followed along, Instead,
when the cops pulled up, they all ran away laughing, leaving her to get caught.
The Police
could not get Smith to calm down, no matter how much they tried, and
unfortunately, no one was home to answer the phone either, so they were forced
to detain her in the detention center until a parent or guardian could be
reached.
Because of
the fact of the situation, the officers had planned on letting Smith go with a
warning. But, no one could be reached. So, this turned out worse than anyone,
even law enforcement had planned. However, there is an advantage to this
scenario.
While in
detention, the Prosecutor read the report, and knew that the parents and/or
guardians had been tried to be contacted. The prosecutor tried as well. As did
the court appointed Attorney. The report from the Arresting officer said in
detail, “I had no intention of making an arrest. However, parents and/or
guardians could not be reached, and my hands were tied on this matter.”
The
Prosecutor under discretion, referred the case to through the Criminal Justice
System, and sent it onto Juvenile Court intake. The representative on Smith’s
behalf, and her court appointed Attorney showed up together. Smith was still
upset and crying, and shaken. She explained the scenario to everyone, and the
two read the report from the officer. Smith was informed she wasn’t even
supposed to be there, but no one could reach her parents. Now they wanted to
know if there was anyone else they could get a hold of. Smith lowered her head
to the table and bawled. Everyone was stunned.
The Attorney
and several case workers decided to check out the residence where Smith lived.
The mail had been stacking up the whole time Smith had been in custody. No one
was home, and there were no cars in the drive. They decided to speak with the
neighbors, and were enlightened with the results.
No one ever
saw anyone come or go other than Jennifer Smith. They watched her come and go
to School every day. They would watch her come and go with groceries from the
store too, never did they ever see anyone else. She was always quiet, never
played her music loud, never had any company either.
The Attorney
met with the prosecutor who explained their findings, together they looked up
the birth records of Jennifer Smith, only to learn that she was collecting
death benefits from both of her parents who had been killed. Jennifer Smith was
living alone, on her own successfully at the age of fifteen, and no one knew
it, and somehow the system never recognized it.
Together the
prosecutor and Attorney met with Jennifer Smith and they wanted answers. They
explained what they had learned. Smith looked at them and said, “My Aunt was
supposed t be taking care of me. She did for several months. Then she met a
guy, and he said he didn’t want the burden of me. They left, and that’s all I
know. That was six years ago. Fortunately, before she left, she started a bank
account for me, so I could do my own banking, and handle my own money. The
house is paid for in the settlement. I do just fine. I keep my grades up! This
was my first mistake! I don’t need anyone!” She cried out.
The
Prosecutor and the Attorney both went to the Judge with everything they had
learned, and the case was dismissed. The Judge had given Miss Smith a financial
burden waiver, so no fees were instituted on her for the time she was put into
detention. He also assigned her a representative to assist her with her needs
and help her with anything and everything that she needed, and home care was
assigned to her, as well as health care.
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