Discussion Week 4

Take the position of either a Prosecutor or Defense Counsel practicing in the Juvenile Court system IN YOUR STATE. The juvenile has been accused of murder - outline your arguments for or against the juvenile. Explain how you address clients, pleadings and hearings differently than in adult court.

Include:

Source – Voices.Yahoo., http://voices.yahoo.com/juvenile-adult-courts-comparative-analysis-36678.html?cat=7

1 - The difference between adult and juvenile court in your state. Include a citation where your information comes from.

2 – How charges progress including the legal standard in adjudication; and

ADULT COURT VS JUVELINE COURT

1. A more stringent approach toward enforcing punishment. Due process and retribution is primary goal and
not the matter of attempting of enforcing retribution.
VS
1. More leniency is allowed and primary focus is rehabilitation of an individual.


2. Terminology is different – criminal acts are referred to as “crimes”.
VS
2. Terminology used in juvenile court is “acts of delinquency”.


3. Adults background is not necessarily checked for possible rehab. There might be a brief perusal of
background to use to substantiate sentencing.
VS
3. Background of a juvenile is taken into account to consider in a case brought against them.

4. The focus on adults is the“expression of the community’s disapproval for illegal behavior with an
appropriate amount of punishment for every consideration.
VS
4. Rehab of juvenile is primary focus and is an individualized approach.

5. Adult court has fewer steps that lead to due process and is defined as a “criminal”. Labeling is
inflexible.
VS
5. Youth court starts out with defining youth as “delinquent” in relation to acts of delinquency. Labeling
is flexible with possible chance of rehab.

6. An adult is arrested and allowed to plead guilty of not guilty or no contest.
VS
6. A delinquent or youth is not arrested but has a petition filed against him/her. In this court an
agreement to find or deny petition is allowed.

7. Plea bargaining is allowed. From this point the jail sentence is allowed and the prisoner returned to
jail after due process is completed.
VS
7. An adjustment can be made in a juvenile court. From this point a decision will be made to determine if
the juvenile defender will remain or be placed into detention or child care shelter.

8. The adults would be facing a possible reduction of charges. In adult cases this called a trial.
VS
8. The next step would be substitution. The juvenile would be then faced with adjudication – fact finding
hearing.

9. The adjudication process continues.
VS
9. Dispositional hearing for the juvenile.

10. After trial, conviction established, there is a sentence hearing and a sentence determined. An adult
would be facing incarceration or prison of some type if no less drastic alternatives are available.
VS
10. In juvenile court, the sentence may range from determination of reason to commit youth to center, or
treatment training school.

11. Establishment of determination of options:
Parole probation, electronic monitoring, or
halfway houses and measures that affect
offender prior to release has to be done.
VS
11. Establishment of determination of options:
Moved to a halfway residential child care facility
or aftercare facility.

12. N/A
VS
12. Age of juvenile is taken into consideration…along with nature of offense and provides protection if
offense is not a criminal act of adult.

13. Both systems use authority figures, such as police officers, judges and correctional employees are
allowed to use discretion in their decisions.
VS
13. Both systems use authority figures, such as police officers, judges and correctional employees are
allowed to use discretion in their decisions.

14. Both are entitled to receive their “Miranda” warnings or rights.
VS
14. Both are entitled to receive their “Miranda” warnings or rights.

3 – At what point can a juvenile be tried as an adult. Define procedure and law and cite your source.

A juvenile can be tried as an adult at the age of 17 in the State of Michigan. The juvenile court jurisdiction maximum age is 16 years old.

Source – Juvenile Justice, Taylor/Fristch,, McGraw-Hill Learning Solutions, Ch. 1, P. 6

Procedure will follow steps 1- 14.

Take the position of either a Prosecutor or Defense Counsel practicing in the Juvenile Court system IN YOUR STATE. The juvenile has been accused of murder - outline your arguments for or against the juvenile. Explain how you address clients, pleadings and hearings differently than in adult court.

CASE

Scenario – Dakotah Eliason will be tried for murder as an adult in Michigan.

Article dated – January 2, 2012.

Annals Of Justice

No Remorse

Should a teen-ager be given a life sentence?

by Rachel Aviv January 2, 2012

Read more http://www.newyorker.com/reporting/2012/01/02/120102fa_fact_aviv#ixzz21m9X15SG

According to statement of allowances – prosecutors can try defendants older than 14
in adult court, without a hearing, a statement of reasons or an investigation into their
background depending on crime committed.

Conservative Approach – Respectfully submit that offender be charged with murder in the first degree with a minimum of 20 years to be served. Preliminary Hearing held and subsequent hearing to either contest charges or support to conclude to summary of requested plea of murder.

http://www.newyorker.com/reporting/2012/01/02/120102fa_fact_aviv