Petty offenders are children who engage in conduct which is unlawful for them but not unlawful for adults, such as violating curfew, drinking, and smoking. Also included in the petty offender category are juveniles who commit petty misdemeanors and juveniles charged with their first or second nonviolent misdemeanor offense, with the exception of certain designated offenses. A juvenile traffic offender is a child who violates traffic laws. In certain cases, depending on the age of the child and the nature of the traffic offense, the matter may be handled exclusively by the adult court rather than the juvenile court. For example, a child 16 years old or older who is alleged to have committed a petty misdemeanor-level traffic offense or a DWI or related nonfelony offense is treated the same as an adult offender.
These rights include the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. Similar to adult offenders, juveniles have a right to know and understand why they are being arrested, the right to be silent, and the right to an attorney. Not unlike adult offenders, a juvenile defendant should be able to make a phone call after arrest, have a right to a reasonable bond amount, and the right to be presented in court . At the time of the arrest. The officer has the liability of explaining a juvenile’s rights in a language that is intelligible to a juvenile.
Police discretion is used for minor offenses such as traffic incidents or public urination. In these situations, the officer has a choice to fine/arrest the offender, or give them a written or verbal warning. There are multiple factors that can affect a police officer's discretion during a given incident. A suspect who is unruly, uncooperative or disrespectful is much more likely to be arrested than one who cooperates with the police officer. Individuals who show remorse for their actions and respect the officer's authority have more of a chance of getting only a warning.
Why has the United States paid lip service to the 14th & 15th Amendments while it venerates Amendments 1-10? Amendments 1-10 are known as the Bill of Rights and guarantee individual freedoms and protections from the intrusion of the federal government. Perhaps the most important and critical amendment is the first Amendment:“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This amendment details the freedoms the founders were seeking to give the people; for with these rights they guaranteed that we can assert our views of religion, of speech, that we can protest and change unfair practices. Three Amendments are called the Reconstruction Amendments for the period following the Civil War called Reconstruction 1865-1877. The concept was that the defeated southern states would be rehabilitated and brought back to normal standing as citizens of the united states during this reconstruction period.
It is services like this that help provide due process of law. These services ensure that a person accused of a crime is not unfairly deprived of his or her freedom. The due process does not only apply to people who are accused of crimes before being sentenced to prison, it also applies to people who are already incarcerated. If an inmate is in jeopardy of disciplinary action, which could lead to the
The 14th Amendment 1868 due process clause this dictates that neither state or Government could get in the way of personal rights this is an extremely effective away to protect the civil liberties of its citizens . This is an extremely effective way at protecting the civil liberties as it is enforced by the Supreme Court there are many cases such as the New York Times vs. United States the Nixon administration sought an injunction against both the New York times and the Washington Post, in order to stop the publication if content
There are many things that are looked down upon in the United states, but aren’t necessarily illegal. One of those things being burning the American Flag. There aren’t any written laws against flag desecration, and it should stay that way. First of all, burning the flag is a means of free speech. Freedom of Speech is the political right to communicate one's opinions and ideas using one's body and property to anyone who is willing to receive them.
If a juvenile is charged with a crime, the judge will hear evidence and decide if the juvenile is a delinquent which is called an adjudication hearing. If it is considered that the minor is a delinquent, then the courts will decide what course of action should be taken. This course of action is different in the adult judicial system. For an adult who commits a crime the mission is to punish. In the juvenile system the mission is to rehabilitate and do what is in the minor’s best interest.
The 15th Amendment has been used to protect the voting rights of minorities from being diluted either explicitly or through more circuitous means (U.S. History.Org, 1995-2011). Second, the 14th Amendment has been used to incorporate the Bill of Rights, making it apply to the states as well as to the federal government. Until the early 1900s, the Bill of Rights did not apply to state governments. Over time, the Supreme Court has used the 14th Amendment to require states to abide by the Bill of Rights as well (U.S. History.Org, 1995-2011). In conclusion, this paper discussed how and why the amendments became apart of the constitution, what problems motivated the adoption of the Bill of Rights, the effects of the Bill of Rights, what problems or changes in society led to later amendments, discuss the 13th through 15th amendments, and the
These diversionary programs enable court workers to recognize the need of the minors. These programs could include probation officers, psychologist, social workers and other trained professions. These trained officials acknowledge the need of the minors. As a result of these alternatives, the Federal Bureau of Investigation’s (FBI) tracked the criminal behavior of the youth and publicized the statistical