Waiving juvenile cases to a criminal court is a complicated process, and may take some time in order to make the proper decision. There are a few different ways in which this decision is made. In some jurisdictions, the cases may be decided upon an intake unit within the court which then decides to process it formally or informally.
Other jurisdictions may use another agency such as the prosecutor’s office, or a social service agency to decide whether the case should go to juvenile or criminal court.
When a decision is made to transfer a juvenile case to criminal court, a judicial waiver is petitioned for, and the juvenile judge then has to make the decision whether the case should be criminally prosecuted. In some places though, the prosecutor has the legal right to make that judgment without involving the juvenile court, and send the case directly to criminal court.
When a juvenile commits the crime of homicide, I personally think that any offender 13 years or older should be tried in adult criminal court. I do understand that the juvenile may lack some mental reasoning or may even have some mental disorder, just as I think that anyone who commits violent crimes have this also regardless of age, but that doesn’t mean they shouldn’t be still be tried in criminal court for the horrible crimes they committed. The only part of the sentencing I don’t agree with in convicting a juvenile is to where he is sent to prison. I do not believe th...
Whether this be through morals, choices, beliefs, or personality. Holloway argues that it is through toxic/abrupt masculinity that boys are constantly caught in the crossfires between fight or flight. Masculinity becomes toxic when it becomes obsessive and disruptive. When society gets to the point where they cannot even focus or be themselves because of the fact that the only thing they care about is being the perfect man. The idea of striving to become this perfect man is an example of flight in society. Men are being forced to attempt to fit into these ideals and “prove, and re prove that they are men” in order to avoid the feeling of not fitting in with the rest of the group (Holloway). Holloway continues to discuss how throughout their lives men are constantly seen as emotionally tougher which causes them to grow up believing that if they show emotions they are weaker and are not allowed to be a part of the pack. Therefore instead of fighting this ideal and deciding to stand up for who they are, it is easier to conform and attempt to fit in because if they show discontent then they are shown as weak and unable to handle the “social constructions of masculinity” forcing them to become a social pariah and damage their spiritual
...er to adjudicate a case, or hear about a case and then decide on it. These types of cases do not involve as many parties to reach decision. Criminal cases for example, typically involve a plaintiff, defendant, a lawyer for each party, a judge, and a jury. Administrative law cases do not have a jury. A judge will then make a decision after all evidence is reviewed. If the party is not pleased with that decision may appeal the case. From there, it is heard by an appellate board. If the party is still displeased, they can request that it be appealed a second time and it is then moved to federal court (Beatty, Samuelson, Bredeson 68).
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
Chris possessed a strong determination to abide by his values and survive off the land on his own. The views and opinions of others were of no importance to Chris. He objected with the luxurious lifestyle of his parents and instead, “Chris was very much of the school that you should own nothing except what you can carry on your back at a dead run” (chap. 4, p. 32). Chris also tried to impose his values on others, like Ron Franz. In his letter to Ron Franz, Chris persuaded Ron to radically change his lifestyle and adopt his views of adhering little value to human relationships and physical belongings (chap. 6, pg. 57). Although Chris grew up in a well-off family, he felt ashamed by his physical belongings, which is likely what drove him to donate all his money and live only out of what he could carry on his back (chap. 11, p. 115). Chris’s dedication to his morals and values is admirable: “He measured himself and those around him by an impossibly rigorous moral code” (chap. 12, p.
Life is precious and we live it only once, however, what we do with it is to our own discretion. It is a shame that many people at young ages decide to live a life of misdeeds and become what we call juvenile criminals, but, every action has a consequence and to deal with these unlawful adolescent we have the Juvenile Justice Department. The juvenile justice system is a network of agencies that deal with juveniles whose conduct has come in conflict with the law. These agencies include police, prosecutor, detention, court, probation, and the Department of Juvenile Corrections. However, when young offenders commit a series of crimes, constantly being in trouble with the law, they are waivered into Adult court where they will be subject to any
The Juvenile Justice System in the State of Texas celebrated its 100 Birthday in 1999. Many people believe that the Juvenile Justice system is equal to the adult system and that juveniles are punished as adults are but that is not always the truth. The Texas Juvenile System is made up of a mixture of the Criminal Law and the Civil Law. It is governed by The Juvenile Justice Code which is called the Title 3 of Texas Family Code. The only similarities that are shared with the Adult system are that it also refers to the Texas Penal Code and the Code of Criminal Procedures for rules. The steps of The Court Procedures are: If a child is arrested, they are detained in a child facility, a child is not bonded out but most go before a judge. Once before the judge, it is decided if a petition will be filed depending upon the severity of the offense. The child can then make his or her pleading if the child wishes to plead not guilty a jury child can be requested. Even if there is a jury trial, only the judge can determine the punishment. The judge is also limited to the punishment that he or she can sentence because of the Juvenile Code’s Progressive Sanction Levels. This is the method which the Juvenile system uses to rank crimes.
Juvenile court is a special court that deals with under age defendants that are charged with crimes, who are neglected, or out of their parent’s control. The average age of the Defendants are younger than 18, but juvenile court doesn’t have jurisdiction in cases in which a minor is charged as an adult. The procedure of juvenile court is to involve parents or social workers and probation officers in order to achieve positive results and prevent minors from future crimes. However, serious crimes and repeated offenses can result in the juvenile offender being sentenced to a prison, with a transfer to a state prison when they reach adulthood. According to the film “Prison States”, Christel Tribble’s was a 15-year-old from Kentucky who was diagnosed
Waiver varies from jurisdiction, however, is common to find judicial waiver legislative offense exclusion and prosecutorial discretion. A judicial waiver occurs when a juvenile court judge transfers a case from juvenile to adult court, after conducting a hearing to determine whether a juvenile is amenable to treatment or poses danger to the community, in order to deny the juvenile the protections that juvenile jurisdictions provide. There is a two prong approach to waiver: dispositional (amenability) phase and adjudicating phase. Phase 1 is a hearing to determine probable cause and Phase 2 is to determine whether the best interest of the public and the juvenile would be served by waiving jurisdiction of the juvenile to the adult court. (kent)
In this video, a man by the name of Hennessy Youngman focuses mainly on “cultivating an ‘angry nigger exterior’” as a mode to success (2014, p. 23). Hennessy’s use of anger as a mode to gaining notoriety feeds into the trope of the “angry black,” a stereotype we constantly see applied to Serena Williams. In the larger picture, racializing black citizens- more specifically, racializing black women- acts as a way to delegitimize resistance by people of colour against unfair treatment by writing them off as short-tempered and irrational. This process of attributing angry reactions to the character of the individual rather than as a reaction to injustices, allow colonialism and Euro-centrism to continue
Life is precious and we live it only once, however, what we do with it is to our own discretion. Today, we see many young ages decide to live a life of misdeed and become what is known as juvenile criminals, but with these unethical actions come with a consequence and to deal with these unlawful adolescent we have the Juvenile Justice Department. The juvenile justice department is a system used to address and deal with youth that are caught and convicted of crimes. However, when young offenders commit a serious crime or constantly being in trouble with the law, they are waived into Adult court where they will be subject to any punishment. In some cases they are waived into the adult system automatically such as homicide cases. Based on the
Daniels, A. C. (2004). Performance management: changing behavior that drives organizational effectiveness (4th ed.). Atlanta, GA: Performance Management Publications.
Performance management is a process that guarantees an organisation and all of its available resources are working collectively and effectively towards achieving the organisation’s mission or goal. Performance management affords an understanding of what drives an individuals, and even organisations, performance at all levels. An understanding of performance management allows for the identification and minimisation of unproductive areas of an organisation, as well as an ability to predict future performance. It is a powerful tool that can be used by managers at all levels of an organisation to help improve a company’s productivity.
Performance management aims to manage and improve individual performance with a vision to improving performance across the entire business. [Walter. M, 1995] defines performance management as the process of ‘Directing and supporting employees to work as effectively and efficiently as possible in line with the needs of the organisation’. It is very important to direct and support employees to work efficiently, and this can only be successful if a well-structured performance management system is put in place. But, nonetheless some organisations don’t get it
Performance management is used for the basis of promotion, reduction in force purposes (talent management), gives transparency of what an organization is looking for, merit increases, and lastly it provides protection against lawsuits for unlawful termination by keeping written documentation. Performance evaluations are advantageous to both the organization and the employee. A leading advantage of performance evaluations is it gives the employee an opportunity to create and achieve smart goals. Although performance evaluations primary function is to measure whether an employee is a good fit or a bad fit for the organization, its function is so much a broader. Performance management is tool purposely used to motivate employees to examine themselves and determine if they have selected the profession that is best for them; consequently the feedback an employee receives from their superior supports them with increase their knowledge and
Performance management is a continuous process that creates a working culture to encourage employees to improve their work performance and reach their full potential during their stay of employment. Performance Management also provides strategic direction, develop competency in employees and instill organization value. This paper will identify methods and affects that performance management plan has on the organization and their employees.