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Juvenile delinquency solution and prevention
Juvenile delinquency solution and prevention
Solutions for the causes of juvenile delinquency
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In order to uphold the ideal of protecting and preserving the rights and liberties of American citizens, our criminal justice system was created to bring justice to those whom a wrongdoing has been committed against. Justice is rooted in protecting those rights and determining a punishment that is fair and appropriate based on the circumstances of the crime. In the case of twin brothers Dale and Mike, a failed suicide pact resulted in Dale panicking and shooting his brother killing him instantly. I will be determining whether justice has been served, the appropriate charges as a prosecutor, and the applicable sentence Dale should serve based on his crime.
Justice is defined as protecting natural and legal rights and punishing wrong using
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In the case of Dale, he would likely be charged with second-degree murder, which carries a sentence from four to twenty years in prison. The elements are the same as determining first-degree murder, except the defendant would need to prove that mitigating circumstances that led to the death of Mike. It is evident the first element of murder can be proven, which is Dale did commit an unlawful killing of a human being, but he did it without malice. Malice usually involves a sense of hatred or spite, which is not the case here as Dale loved his twin brother and was best friends. In the situation of malice aforethought, which is more extreme than malice, requires four states of mind that are intention to kill, intent to inflict grievous bodily harm short of death, reckless indifference of human life, and intent to commit a dangerous felony (National Paralegal College, 2016). Therefore, an unlawful killing can be proven, but specific mitigating factors such as Dale’s panic when he realized his brother’s suicide failed, and grabbed the gun from his desk and shot Mike killing him instantly. The jury would need to find Dale acted under intense emotion and acted irrationally (Schwartzbach, A. n.d.). The failure of Mike’s suicide with the tranquilizers provoked Dale to act in the manner he …show more content…
As a prosecutor, I would have also charged him with premeditated, 1st-degree manslaughter (Illinois this is 2nd-degree murder) except as a judge I feel that Dale would serve his time in a minimum-security prison since he had a clean criminal record and no history of violence. My decision for the charge was based on the fact his crime did not meet the elements of first-degree murder, that requires the intent to kill but without legal justification or while in the commission of a forcible felony and with malice or malice aforethought (Schmalleger, F., 2013). He lacked malice and malice aforethought that is one of the criteria in 1st-degree murder. In regards to the prison sentence, maximum-security prisons are generally reserved for the most dangerous and violent inmates who are a threat to public safety, other inmates and correctional staff (Federal Bureau,
Two aggravating factors in the state of California that may have been met for the death penalty imposition in the Scott Peterson trial could be (1) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree, and/or (2) The defendant intentionally killed the victim by means of lying in wait. Mitigating factors that could be used to convince the jury to convict Scott Peterson of a lesser charge might be (1) the absence of prior felony convictions, (2) the absence of a history of violence by the
One of the most intense group task experiences in the United States is that of serving on the jury of a death penalty case. This forces a group of complete strangers to come together and determine the fate of another’s human beings life. The court case of the State of Ohio v Mark Ducic, was of no exception. Ducic a 47 year old drug addict white male, was accused of committing a double homicide. In accordance with Ohio state law, murdering more than one individual is considered a mass murder and therefore the accused is subject to the possibility of the death penalty. Ducic’s victims included Barbara Davis, his domestic partner and drug addict, as well as a drug user that Ducic was an acquaintance with. The death of Davis was at first believed to be due to an overdose, but police informants identified Ducic’s voice on a recording claiming that he killed her. The other victim, the drug addict, was thought to be eliminated by Ducic for fear that he would inform the police that he killed Davis. Investigators believed that Ducic gave both victims a deathly amount of drugs that would make it appear as though they both simply overdosed. Ducic was found guilty on both occasions, yet a second trial in regards to his sentencing had to occur and another hearing had to be conducted on whether or not to remove the death penalty.
Capital punishment is used when there is a serious crime that has been committed. There are different methods of capital punishment and those are, lethal injection, electrocution, gas chamber, hanging, and firing squad. Florida “allows prisoners to choose between lethal injection and electrocution” (Death Penalty Info). In this specific case the death penalty was discussed very often. In California if a person is charged for a double murder they can get the death penalty. It may not happen to every person who commits a double-murder but it can happen. In this case it the death penalty would either be by lethal injection or by gas. While looking at this case there were different reasons as to why Simpson would not be a good candidate for capital punishment. According to Seth Mydans, “one reason, the experts say, is that Mr. Simpson does not have a long criminal record; another is that execution is generally not sought for the killing of a spouse” (Maydans). This argument went back and fourth in trial and the final decision was to not seek the death penalty. When talking about the death penalty there are pros and cons. Some positive things about the death penalty is that is shows people that your actions come with consequences and that it helps people to know that the person who committed the crime will no longer be able to hurt anyone ever again. It gives closure
Every once in awhile, a case comes about in which the defendant confesses to a crime, but the defense tries to argue that at the time the defendant was not sane. This case is no different; the court knows the defendant is guilty the only aspect they are unsure about is the punishment this murderer should receive. The State is pushing for a jail sentence and strongly believes that the defendant was sane at the time of the murder. It is nearly impossible for the defense to prove their evidence burden of 51%. The State claims that the defendant was criminally responsible at the time of the murder. By using excessive exaggeration, premeditation and motive, the Prosecution will prove that the defendant knew exactly what he was doing and how wrong it was.
From 1954 to 1968 the Civil Rights movement was growing at a fast rate. During this time segregation and racism was alive and in full effect. More African- American people were starting to stand up and believe in the rights that wasn’t giving to them, and that they should be treated as equals. Although African-Americans had some freedoms the constant mistreatment, verbal and physical abuse was enough and it was time to take a stand to make a change. Great leaders such as Martin Luther King Jr., Malcom X made a path way for the moment and even though the two had different views of handling the situation at hand. Malcom X was more of a fight fire with fire type of protester, and that the only way changes were going to be made was if we fight back. On the other hand Martin Luther King Jr. was all for peaceful protesting and that they can make a difference just by speaking words of encouragement to the people.
People with money think they have the ability to get away with their unlawful actions, to buy their freedom. In the show Law and Order: Special Victims Unit, in the episode “Wonderland”, Sarah Walsh was a victim of rape. She was unaware of who had raped her but eventually found out her rapist appeared to be one of her “friends” who was very wealthy. He had paid off his other victims to keep him away from the title of a criminal. Throughout the show, you can see the way people with money think about their position and the law. In the episode “Wonderland” of Law and Order: SVU, the creator portrays that criminals with money are punished not as severely as average income people. The issue of people who believe,
Since the dawn of time, there has always existed the concept of good vs evil. Normally, this concept is used to explain two forces battling against each other in order to influence people’s actions. However, these concepts also exist on a realistic level; although the realistic form is based on race rather than morals. Like a recessive gene, black people were suppressed by the dominant gene, white people, in the 1950’s. With the white race oppressing the black race being a colossal dilemma, few people chose to solve it. Among them were Martin Luther King, and Malcolm X. While King wanted to solve the problem with peace, Malcolm knew the only way to solve the dispute was fighting back. Malcolm X was born in 1925 in Omaha Nebraska, and was one
Out of the turbulent political climate of the 1960s, Malcolm X and Martin Luther King Jr. emerged as some of the most prominent voices of the African-American Civil Rights Movement. Both religious ministers took up the fight to advocate for human rights and improve the lot of their fellow African-Americans. The two sought to achieve the same endgame, but differed greatly on the method in which to bring about the change they wanted. A few common threads that linked the activists were their emphasis on human rights, their challenge to the status quo of America, their roles as major spiritual leaders in their respective religions, and the martyrdom they endured for their cause. On the surface Malcolm X and Martin Luther King have many similarities,
1 – Question #1: (Ch 5) Child abuse intersects with the juvenile justice system in many ways including but not limited to - sexual abuse, child neglect, family violence, and internet exploitation. One of the most important issues to address when related to the juvenile justice system is child neglect. Child neglect can be defined as a juvenile under the age of 18 whose parental figure(s) and/or person responsible for the child’s well being not providing essential support, education by law, medical or remedial care necessary for the child’s health – shelter, food/water, clothing, etc. Neglect also comes in three forms 1) physical – e.g. lack of necessary shelter, food or water, medical care 2) emotional – e.g. the lack of emotional support or
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
Narration: When it comes to the death penalty there are Opponents and Proponents and although both aim to defend and protect society from crime their beliefs differ in how to accomplish this.
Don’t get me wrong, if a person proven guilty of murder, especially as heinous as this crime was, they deserve the death penalty but only if there was “no shadow of a doubt” hard pieces of evidence, more real proof, not circumstantial evidence, are connecting that person to the crime.
In history, crimes have been dealt with by the justice system according to its severity as well as the offender: if the crime committed was not very serious and the offender was deemed “non-delinquent”, or “free of any real criminal disposition”, they would be cautioned or fined. However, were the crime a more serious one and the offender appeared to have a “criminal character”, they would receive more severe and more deterrent punishment (Garland, 2001: 42).
As the case of Charles Manson proves, a death penalty case is never simple. There are many factors and legal technicalities to consider. When a jury looks at a death penalty case, they must consider the burden of proof, the laws of the particular state, the presentations of the prosecution and defense, the testimony of the witnesses, and the motive of the accused. From the States side, the prosecutor mainly considers the atrocity of the crime and the mental state of the accused when deciding whether to seek the death penalty. The defense usually tries to get the jury to believe that the death penalty is inhumane and is not a deterrent to ...
Secondly, many believe that capital punishment is right because of the justice given to the victim’s family. These family members feel l...