Officer L. Kosinski, Chesapeake Police Department reported the following took place on 01/04/16 in the city of Chesapeake:
“On January 4, 2016, I was working at Western Branch High School as the Resource Officer. First thing in the morning a parent, Mr. Christopher Jusino, came in to file a stolen phone report. He stated his daughter was in her art class on December 18, 2015, and her iPhone 6 was stolen. A GPS tracking application located it in the city of Portsmouth. Portsmouth Police Department responded to a residence, and it was located with a student, Makyaa Morgan. Mr. Jusino was able to get the phone back at that time.
I spoke with Makyaa later on in the morning along with her mother. She admitted to taking the phone, saying she saw it sitting on a table and just took it. I advised Mr. Jusino how to go about securing criminal charges for this offense. Mr. Jusino also reported when he retrieved the phone it was damaged beyond use. The value of the phone is $750.00.”
Defendant’s Statement:
When questioned regarding the incident that brought Makyaa to court, she reported, “I found the phone in the back of the classroom and I just took
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Makyaa and her family have been compliant with the court process. Makyaa has had no contact with any other court service units, and she has had no contact with the juvenile justice system in any other states. Makyaa first became involved in the justice system at age 16. Her legal history includes one intake contact for a felony offense. The intake contact was for a felony property offense. She has no history of escape and she has never been detained. She has had no out of home or court ordered placements. Her response to court intervention appears to have been positive to this point in time based on her successful school year and her compliance with the court process. The offense history summary on page 3 details Makyaa’s Virginia legal
On Tuesday, May 17, 2016 at approximately 1956 hours, Officer Reinbold #7400 and I (Officer Guerrero #3310) were dispatched to 1113 Marengo Avenue, in regard to a vandalism that just occurred. Dispatch advised the victim (later identified as Kristyn Cota) saw two male juveniles spray painting her fence. Cota advised dispatch she was following both subjects and they were last seen running southbound on Marengo Avenue, from Hammond Street. The first suspect was described as male Hispanic, approximately 15 years old, wearing a gray shirt and dark colored shorts. The second suspect
The juvenile case of Ricky Smith was brought to the attention of the Michigan Juvenile Court as he had been initially referred for truancy. However, his probation had been extended due to Mr. Smith being found driving a stolen vehicle. According to People v. Smith (1991), Mr. Smith was referred to the juvenile court again for riding a bicycle while under the influence of alcohol and for stealing candy bars. The juvenile court, again, chose to extend Mr. Smith’s probation, even though he had clearly demonstrated non-compliance with the rules of his probation by continuing to accrue delinquent charges. An additional report was filed with the court alleging that Mr. Smith had violated the terms of his probation due to a curfew infraction and threatened an officer. It appears that the Assistant District Attorney in the case attempted to have Mr. Smith’s case transferred to adult criminal court after he had been charged with stealing a woman’s purse. However, the court denied the request to do so. After the denial, Mr. Smith was sentenced to a boy’s reform school. He absconded from the facility and was listed as a runaway until he was found later, as an adult, with pending adult charges.
The process of transferring juveniles to adult courts has shown no effects on decreasing recidivism or a deterrent outcome. Waiver as it is known has three means by which a juvenile can be transferred to an adult court. Judicial waiver offenses, statutory exclusions, and concurrent jurisdiction are the three methods in which a waiver can occur. This research will describe each one of these methods with detail. It will also provide statistical facts showing why waiver can be a very debatable topic within the juvenile criminal justice system. In its totality it will discuss the arguments for and against waiver.
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
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
Law Enforcement Action Forum Newsletter. State of Michigan, City of Jackson, Oct 2001. Web. Oct. 2001
Const. amend. IV). While a previous case, United States v. Robinson, holds that an officer may subject the arrested to a warrantless search if suspecting a danger or threat, digital information on a cell phone cannot directly cause physical harm. Additionally, cell phones contain massive amounts of information regarding a person’s life, including photographs, documents, personal details, and so forth. Though an arrestee has fewer privacy rights, going through his or her cell phone is “‘materially indistinguishable’ from searching physical items” (“Riley vs. California”, 2014). Finally, although information regarding a case can be erased remotely from a cell phone’s memory, the threat (in this particular case) was not prevalent and could therefore be ignored. The Supreme Court’s conclusion can be summarized in Chief Justice John Roberts’ statement: the “answer to the question of what police must do before searching a cellphone seized incident to an arrest is . . . simple — get a warrant” (“Riley vs. California,
On 09/20/2015 at 08:38 hours, I was dispatched to the area of Branchwood Drive and County house Road, for a report of an Assault. Upon my arrival, I spoke with the caller, Lisa A. Frederick.
Females are increasingly becoming more active in the juvenile justice system. While these rates are rising with females the rates of involvement for males in the juvenile justice system are said to be declining. From 1983 to 1992, arrests of female adolescents rose over 25% (Federal Bureau of Investigation, 1993), and in 1994 and 1995 girls accounted for one fourth of all juvenile arrests (Girls Incorporated, 1996; Snyder, 1996; Snyder et al., 1996). Moreover, from 1985 to 1994, arrests of females for violent offenses more than doubled (Girls Incorporated, 1996). In 1997, there were nearly half a million arrests, approximately 23 percent, of juvenile females in the United States. Although many of the crimes ...
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...
Legal issues have been questioned concerning the use of cell phones; do instructors or administrators have the rights to confiscate cell phones if used in class? Thomas Diamantes, of Wright State University, says, “In Tinker (Tinker v. Des Moines, 1969), the court established the "material and substantial disruption" test to protect freedom of speech and expression.” This court ruling, although not pertaining to cell phones, has helped to set the precedence for rulings concerning disruptive cell phone use and school rights.
for youngsters who have a long history of convictions for less serious felonies for which the juvenile court disposition has not been effective” (qtd. in Katel).
In most states juvenile delinquency are criminal acts committed by minors’ ages 10 to 18 years old, the crimes are categorized as status offenders or delinquent offenders. Offenses committed by status offenders can only be committed because the offender is a minor, such as running away from home, truancy and underage drinking. (Mooney, pg 115) then there are delinquent offenders whose offenses would be a crime if they were committed by an adult. Depending on the nature of the crime, minors are tried in a juvenile justice system or can be transferred to the adult justice system. According to the Campaign for Youth Justice, it is estimated 1.7 million youths are in the juvenile justice system with 100,000 cases being heard in juvenile court annually. Currently, it is estimated that 70% of the youths arrested are boys and 30% are girls, although African-Americans make up only 17% of the total youth population, they are 30% more likely than white youth to face harsher sentences and be transferred into the adult
Report writing is a form of writing that gives it reader information a type of writing that explain what is taking place or what has taking it a recounting of events . Most newspapers use this type of descriptive recreation of events within their report writing they explain the circumstances of case, court proceeding, type of crime that occurred, etc. (Police reports and there purpose (n.d). Newspaper writer try to explain to the readers what took place and why it is or should be topics of concern police report writing follow the same guidelines. Having the ability to write reports is of extreme importance in police and correctional work daily. Report writing is one of the primary forms of communication within the field of law enforcement agency. Police reports are read by supervisors, police chiefs, fellow officers as well as other criminal justice professionals. Furthermore these documents are written to display the result of an investigation, crimes scene, incidents, and more so it is imperative that there is no grammar errors or misspellings with in the document. Police report writers paint the picture of the events that took place from the time they were called until, the time of their arrival to a crime scene or incident. It’s important that all reports submitted by correctional workers and police officer be well-written with factual information giving step by step details of everything that transpired in chronological order also being very specific about every detail. The reason this is of high important is because this report can assist prosecutor in obtaining a valid conviction of the proper suspect accused (Police reports and there purpose (n.d). Whereas if the police report is poorly written the defense can argue against the finding and may use the discrepancies against the prosecuting state. When poorly written reports are enter into evident for juries to deliberate on it a huge possibility that the report may cause jurors to call into to question whether the officer who wrote it is as careless in other aspects of their police work. as noted by (Police reports and there purpose (n.d). Another issue that will occur if reports are not properly written is miscommunications or misunderstanding. For example a police officer submits a document with only one misspelled words to his police chief, the chief read the report from the officer he put decrease instead of the deceased and cause the chief to send the report the wrong department.
Cell phones could be a life-saver in the case of an emergency. In New York, a violent incident has taken place. Fortunately, timely communication from a student using a cell phone saved a man who desperately needed medical attention ("Cell Phones in the Classroom”). Another student has assisted the police to arrest the suspect by giving timely updates of the criminal scene using a cell phone in the school lockdown. In fact, many school districts have decided to lift the ban on the use of cell phones in school because of “the role cell phones have played in some emergency situations” ("Cell Phones in the Classroom” ). Moreover, parents could be easily in touch with their children, know their whereabouts through mobile communication, and therefore it would allay parents’ concerns (Cohen). For instance, lots of parents have claimed that they have to stay in touch with their children ...