In this unit it is my intent to educate and inform the students of their rights under the constitution and under this new law passed. My intention is also to review the various methods of treatment available for youthful offenders including incarceration in adult facilities.
Crime is an illegal act committed by a person who has criminal intent. For many years it was presumed that anyone under the age of 14 was unlikely to have criminal intentions.
Juvenile crime denotes the various offenses committed by children or youths under the age of 18.
For many years, since ancient times the legal systems have been able to distinguish between the juvenile and the adult criminals. Looking back into the 19th century, the punishments for juvenile offenders were often severe and sometimes considered harsh. The death penalty could be imposed.
In 1824, the 1st institution for juvenile offenders was founded. It was called the House of Refuge. It was founded in New York City and the purpose was to separate institutionalized youths from the adult criminals. By the mid to late 19th century other state institutions for juvenile offenders were being established. Many of these early institutions were very rigid with the youths.
As early as the second half of the 19th century there was much attention to the special need for different legal procedures that would protect the rights of the juvenile. In the late 1800's several states to provide special hearings for the children in the courts. The first court specifically for juveniles was created in 1899 in Chicago. The main goal of such courts was to avoid the harsh treatments juveniles received in the past. At this time in history the courts viewed a juvenile in trouble as a juvenile in need of help not severe punishment. As a result we now have special programs in the communities, schools,child-guidance clinics and juvenile aid bureaus to assist the police departments.
We now have completed a full circle in our legal system with the passing of the Juvenile Crime Control Act of 1997. The courts want to treat the juvenile offenders once again as adults in the trial and the punishment phases.
But how do we break the vicious cycle of juvenile delinquency? It is evident that in the absence of radical new measures to tackle this problem of juvenile delinquency, juvenile crime will sow the seeds of new growth on criminality in this new millennium. The issues of juvenile crime have deep roots and it is multifactorial. Low-income and unemployment environments interact with school failure and low self-esteem. This exposing younger school leavers to a higher risk of a life of crime and substance abuse. Many juveniles need monitoring and closer guidance that can not be given by the parent who is trying so hard to keep the family together. The lawmakers need to implement a plan that begins at home and continues through the school and the extended community. Large businesses should directly involve themselves in these issues, the child should not be given the doom of the adult prison as a sentence. There should be government involvement and monies to assist in juvenile justice system.
Some innovative ideas to prevent crimes committed by the juvenile would consist of an intense monitoring process including truancy, drop-out rates, structured links between school and home and the community, extra curricular activities, after school tutoring, vocational training ,mentors and counseling.
After the juvenile has spent time incarcerated the statistics show that rehabilitation has not taken place within the prison walls. The juvenile will be a repeat offender and meet up with the same judges and prosecutors once again. Juveniles should be protected as adults are protected by the Constitution.
OBJECTIVES:
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* To know the rights of individuals under the Constitution
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* To learn what the Bills of Rights are and what they protect
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* To be aware of the specific rights of juveniles in the U.S. Judicial System
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* To become more knowledgeable in the steps of juvenile proceedings
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* To review landmark juvenile cases
1. To know the rights of individuals under the Constitution of the United States.
For nearly one hundred eighty years the Constitution with its Bill of Rights has served the people of the United States of America both as a plan of government and as a safeguard of their rights and liberties. Written for a small weak nation, it has kept its pace with huge growth and progress of this fine nation. The following are a sample of questions that may be asked and answered:
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How are American citizens protected from injustices?
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What two kinds of liberties are preserved by our Constitution?
The members of the Constitutional Convention planned the Constitution so wisely that only twenty-five amendments (including the Bill of Rights) have been added since the beginning.
2.To learn what the Bill of Rights are and how they protect us:
The first ten amendments to the Constitution are called The Bill of Rights. These first ten amendments contain a list of personal liberties, or rights, which can not be taken away by a law of Congress, he President, or the Supreme Court. The scope of the Bill of rights is to guarantee individual freedom in the U.S.. These amendments have been extremely crucial to the legal development of the U.S.. They have accomplished three main goals. One is that the people have rights with which no government shall interfere. The second is that they secure our rights. And lastly they, the 1st amendment helps to protect the democratic government by barring any criminal proceedings against those who criticize the government and those who hold unpopular beliefs and by providing a safe haven for those who are oppressed in other countries.
The Sixth Amendment gives people accused of crimes the right to a prompt, public trial. The accused has a right to an attorney and they must be present when accused of the crime and when all the evidence is given against them.
The 8th amendment is the particular amendment that the students will closely look at. the amendment prohibits the government from administering cruel and unusual punishments, imposing fines, or requiring excessive bail.
The amendments that have been made have increased our rights and freedoms.
3.To know your rights as a juvenile in the court of law:
We have noted already the 1997 passing of the Juvenile Crime Control Act which does make it easier to try juveniles as adults when they have committed adult crimes. The courts also try and punish the youths as adults even if this means being placed in an adult correctional facility. Again the students must also scrutinize the Bill of Rights to be aware of their rights and protect themselves.
Between 1992 and 1995, 41 states passed laws making it easier for juveniles to be tried as adult.
After trying the youthful offender as an adult now what exactly do we do with them? What really happens to all these kids? There is no specific treatment plan that has proven the most effective. Effectiveness is typically measured by recidivism rates which means the percentage of children who subsequently commit additional criminal acts, or repeat offenders. In the unit we will explore the least to the more severe type of punishment for the juveniles. The least would be the community hours or a monetary payment for the crime and possible probation. On the other end the most severe would be incarceration with adult convicted of similar crimes. In between the two range counseling, group homes, residential placements in with other youths. Rehabilitation is the avenue that many judges would best benefit the person and society as a whole. The goal should be to have the juvenile reestablish a healthy relationship back in the community. Many law makers also feel strongly that we have an obligation to help to prevent the juveniles from crime, preventative medicine for the soul. Treating our kids who can be successfully reclaimed in prison takes money, patience, time and compassionate personal , now can we make that happen?
4. To become knowledgeable in juvenile proceedings:
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The students will review and understand the steps in a juvenile proceeding. There are two categories inuvenile Court cases,Delinquency and Neglect and abuse. They will also become more aware of the Juvenile court system in the State of Connecticut.
The courts for Juvenile Matters come under the Family Division of the Superior Court. They are concerned with all cases of children under the age of 16 and many of these cases deal with youth 16-18 years of age. In the State of Connecticut there are fifteen Juvenile Court Districts.
They are usually divided into two categories.
1. Delinquency
Cases involve actions which, if committed by an adult, would be a crime. A delinquent child is described as one who before his/her 16th birthday has violated or attempted to violate, any federal o state law, order of the Superior Court or municipal or local ordinance.
Examples of the cases the court might hear:
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a. The child runs away from home:
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b. The child is beyond the control of the parent or guardian;
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c. The child has participated in indecent or immoral behavior;
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d. The child has been truant;
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e. The child is constantly defiant in a school setting;
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f. The child is 13 years of age or older and engaging in sexual intercourse with another juvenile.
A serious Juvenile Offender is a juvenile over 14 years of age who:
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a. is charged with committing a capital felony or a felony as define in class A,B,C or D for an adult, which crimes include, but are not limited to, murder,arson, rape, kidnapping, armed robbery and 1st or 2nd degree assault;or
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b.has been previously convicted of two felonies and is charged with a third felony (Serious Juvenile Repeat Offender).
A juvenile charged in this category may be transferred to Criminal Division of Superior Court, may be tried as an adult and, if found guilty, may be sentenced as an adult.
All children that are involved with the Superior Court/Juvenile Matters have certain constitutional rights. These are:
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a. to receive adequate, timely notice of the charges;
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b. to confront and cross-examine witnesses;
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c. to be represented by a lawyer and to have one paid for by the state if the parent cannot afford one;
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d. to be heard and present evidence on their own behalf;
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e. to remain silent;
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f. to appeal to a higher court a decision made in a Juvenile Matters hearing;
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g. to have guilt proven beyond a reasonable doubt;
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h. if charged with delinquency and being held in a detention center, to request release on bail.
Children do not have the right to a public trial or a trial by jury. The sole purpose is to give the child in trouble time to grow up without public attention to mistakes or inappropriate behavior. Therefore, when a child is brought before Juvenile Matters for any reason, the court hearings are private and all the information is treated confidential. The sees this as protecting the best interest of the child. The recordings of the hearings,evidence and testimony of a child before the court are remained sealed except to the child's attorney and probation officers.
All the police and court records may be erased if:
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a. a child is found not to be a delinquent as charged;or
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b. a child has completed the orders of the court and is discharged.
If no other juvenile court proceedings are brought against the child for two years after discharge and the child has not been convicted of a crime after turning 16, they can petition the court to have the records erased.