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challenges in the juvenile justice system
challenges in the juvenile justice system
challenges in the juvenile justice system
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July 15, 1999, was an ordinary night for Kristopher Lohrmeyer as he left work at the Colorado City Creamer, a popular ice cream parlor. Kristopher had no idea that his life was about to end. When Michael Brown, 17, Derrick Miller and Andrew (Andy) Medina, 15, approached Kristopher and demanded his money and his car keys. Before the boys knew it shots had been fired and Kristopher was dead. About an hour after the fatal shooting of Kristopher Lohrmeyer, all three men were in custody and telling their version of the night’s events. Michael and Derrick who had run away after the shooting confessed to police and named Andy as the shooter. According to the three boy’s testimony, they had only recently met and needed away to get some quick cash, so they developed a carjacking scheme and headed to Andy’s house to pick up 2 stolen handguns. The three boys were uneducated and had spent most of their time on the streets in search of drugs. The judge ruled that they would be held without bail and there was probable cause to charge them all with first-degree murder (Thrown Away, 2005). Michael and Derrick both struck a deal in exchange for implicating Andy as the one who fired the fatal shots. Under Colorado’s felony murder rule, Andy could be found guilty of first-degree murder just for simply participating in a violent felony. Of the three boys, Andy would be the only one to stand trial for first-degree murder, which could carry a mandatory sentence of life without parole. In May 2001, Andy went to trial, after a brief deliberation, the jury found Andy guilty of robbery and murder in the first-degree. Andy has been serving his sentence in a Colorado State Penitentiary, the state’s “supermax” high-security prison for the past 9 ye... ... middle of paper ... ...uency (1996). Cohen, Lawrence E and James R. Kluegel. "The Detention Decision: A study of the Impact of Social Characteristics and legal Factors." Social Forces September 1979: 146-177. Gebo, Erika. "A Family Affair: The Juvenile Court and Family Violence Cases." Juvenile Family Violence 30 June 2007: 501-509. Larry H. Gaines, Roger Leroy Miller. Criminial Justice in Action. Belmont: Thomson Wadsworth, 2009. Pyne, Derek. "When is it efficient to treat juveniles more leniently than adult offenders." Economic Government. Springer-Verlag, 20 July 2010. Reuters, Thomson. Find Law. 2011. . Soulier, Matthew F. and Scott L. Charles. "Juveniles in Court." Harvard Review of Psychiatry (Nov 2010): 317-325. Thrown Away. 1 February 2005. . U.S. Department of Justice - Office of Justice Programs. 1 December 2011
“William Henry Furman, a twenty-six-year-old black man with a sixth grade education, was not what most people called a “bad” man,” (Herda 7). Furman was just laid off of his job and was struggling to find work. But there was none. Every job did not pay enough, or was a short term job. Eventually, depressed, hungry, and broke, Furman turned to breaking and entering and to petty thievery by means of survival. Furman was caught a few times and was given a light sentence. He was also examined by a psychiatrist and was determined to be mentally impaired, but not enough to go to a mental institution. But on August 11, 1967, Furman went to rob the house of twenty-nine-year-old William Joseph Micke, Jr. with his wife and five young children. When searching through the house, Furman made too much noise, which alerted Micke. Furman heard Micke walking down the stairs and pulled out his gun that he used for scaring people away. But Micke kept walking downwards. Not wanting to be caught, Furman tried to run away and tripped over an exposed cord. His gun discharged. The bullet ricocheted to the back door. On the other side, a body fell to the floor. William Joseph Micke Jr. was dead. “The police responded to the call quickly and, within minutes, they had apprehended Furman just down the street from the scene of the crime. The murders weapon was still in his pocket,” (Herda 9). Furman tried to plead guilty by insanity and the psychiatrists described him as legally insane. But then, several days later one of the psychiatrists revised their medical opinion. Because he was not insane, the case would go on. The state of Georgia charged him with murder and issued the death penalty. This was because Georgia state law stated that any form of murder is...
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
The quagmire of placing juveniles in adult facilities is the risk factors juveniles may experience while incarcerated. Being that juveniles are young and smaller to the adult offenders, they may be seen as a prey or easy target for rape, assault, mental issues which eventually leads to suicide. We must keep in mind that juveniles are youth meaning they are still a child, not an adult and should not be exposed to adult incarceration environment. Although it is cost saving to place juveniles and adults under one facility, it is unethical because they are not built and yet mentally ready and prepared to experience adult facilities. Alternative strategies are available to assist juvenile detainees such as healthcare, education, recreation, and work experience. The Juvenile Court Act of 1899 gave leniency to youth under the age of 16. Placing youth detainees with adult offenders will result in the reduction of rehabilitation services for youth, while increasing the rate of being a victim as a potential prey o...
On an evening in February 1985, 15 year old Roderick Martineau and his friend Patrick Tremblay planned out to break and enter into another citizen’s home and rob them. For safety, the boys armed themselves with weapons, however they never planned on actually using them. Martineau carried a pellet gun and Tremblay carried a riffle. During the break in, Tremblay murdered both residents of the house (Mr. and Mrs. McLean). When Martineau asked why he did that Tremblay replied “I did not have my mask on and they saw my face”. Martineau was charged with second degree murder under section 213 of the code; however the question is whether or not he was arrested with the correct charge.
Thompson, W, & Bynum, J. (1991). Juvenile delinquency. Needham Heights, MA: Allyn and Bacon A Division of Simon & Schuster, Inc.
Trachtenberg, B. (2009, February). Incarceration policy strikes out: Exploding prison population compromises the U.S. justice system. ABA Journal, 66.
On August 20th, 1989 Lyle and Erik Menendez killed their parents inside their Beverly Hills home with fifteen shot gun blasts after years of alleged “sexual, psychological, and corporal abuse” (Berns 25). According to the author of “Murder as Therapy”, “The defense has done a marvelous job of assisting the brothers in playing up their victim roles” (Goldman 1). Because there was so much evidence piled up against the brothers, the defense team was forced to play to the jurors’ emotions if they wanted a chance at an acquittal. Prosecutor Pamela Bozanich was forced to concede that “Jose and Kitty obviously had terrific flaws-most people do in the course of reminding jurors that the case was about murder, not child abuse” (Adler 103). Bozanich “cast the details of abuse as cool, calculated lies” (Smolowe 48)...
Larry J. Siegel, Brandon C. Welsh. "Juvenile Delinquency Theory, Practice, and Law." Linda Schreiber Ganster, n.d. 549.
On the night of February 26th, 1945, an allegedly innocent game of Russian Poker turned deadly when defendant Malone, 17, shot and killed William H. Long, 13. At the time of Long’s death, Malone and his mother were living with the Long family. The boys, according to witnesses, were on friendly terms. The gun involved belonged to Malone’s uncle – the teen had taken it the day before the incident. Oddly enough, Long obtained the bullet that would eventually kill him from his father’s room that afternoon. The two boys loaded the gun together and Malone tucked the deadly weapon away in his pocket (Behrens 184-85).
The juvenile court system and the adult court system are two different systems. They work in different was and have different goals when dealing with someone who appears in court. They have different procedures and different rules to go by. The adult court system started before the juvenile court system.
Cox, S. M., Allen, J. M., Hanser, R. D., & Conrad, J. J. (2014). Juvenile Justice A Guide to Theory, Policy and Practice (8th ed.). Sage publications Inc.
When one thinks of serial killers, the first thoughts that come to that person are usually of cold blooded adults. Two young, carefree teenagers almost never come to mind, and most would never even consider the idea. Charles Starkweather and Caril Fugate may just change the way people think of serial killers. The young couple rampaged across the state of Nebraska in early 1958, murdering ten people along the way. Most wonder what could cause such young people to turn into murderers with what seemed to be no conscience at all. Did Starkweather have a bad childhood? Bullying could have played a part in causing Charles to turn out the way he was. Caril Fugate became involved with Starkweather at the age of 13 and many questioned if it was possible for someone so young to have played a part in something as awful as murder. As the duo traveled, fear was struck into the public. No one knew why the victims were chosen. Did Starkweather or Fugate have a grudge against them? Were they trying to stop the two, or was it just sheer bad luck? Like most criminals, the pair was caught. They each had very different verdicts. Charles Starkweather and Caril Fugate changed the history of Nebraska drastically in just a short amount of time.
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
Many controversies occurred in the town. Evidence was small and the debate of whether the teens were innocent or guilty was very unclear. In early 1994, all three teenagers were found guilty and put in jail for life. Several books have been written about the case. A lot of people have found that it was unfair for these boys to be convicted since there was said to be no hard evidence. Two books in particular explore deep into the case. They both consider people involved, and the unfairness of the entire case. Each author has an opinion as well.