During an arrest of a juvenile the officer must first decided whether the officer or the general public is in harm’s way. If the officer feels that the juvenile may cause harm the officer may detain the minor for safety precautions.
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.
The juvenile system is the collection of government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court (Schmallegar, 2011). Juvenile offenders can be described as delinquents or status offenders which have some key likenesses and differences. There are many elements that relate with juvenile crime rates. There are many differences and similarities between the juvenile court system and the adult court system. One of the differences is that juveniles do not have the right to a trial by a jury.
Week 1 Individual Work Criminal Evidence Judith Ramos The country that I chose to write about is Aruba. I believe all countries have different approaches in determining the truth in criminal proceedings. In the U.S. the legal lsystem is det up with judges; lawyers; juries; and prosecutors. What the purpose of the trials in court is to bring justice to the victims involved in the crime. We have to make sure that all evidence is brought to court; all witnesses are present; have all the necessary documents needed to prove a guilty or innocent verdict.
If a regular citizen committed the crime they would receive time in jail for whatever crime in which was committed. Justice concerns the proper ordering of things and persons within a society (Dictionary.com, 2009). The concept justice has been subject to legal, theological, and philosophical reflection and debate all through the history of time (Dictionary.com). Justice is to do what is right and punish the ones who have done wrong. Justice is to maintain order and to punish the criminals in which have committed the crime.
It is done in this manner to protect the minor and to protect the public from criminal activity. The juvenile courts are focused on rehabilitation and helping the minor. Criminal courts are used to punish the adult and ensure justice is served. In juvenile court, the state represents the minor and in adult court, the state is trying to prove the adult is guilty of committing the crime he or she is being accused of. Minors in juvenile court are not entitled to trial with a jury of peers as adults are.
It is the responsibility of the judge to oversee all that goes on within the courtroom and ensure that rights are not violated as well as rule on each case that is put before them. The defense attorneys, prosecuting attorneys, and the public defenders, help paint a picture if you will for the judge of what happened. The judge then interprets the information he or she is given to determine guilt or innocence without bias ensuring that the accused receives a fair trial. The role of the Prosecutor is to
I do think that courts should consider other factors, like the severity of the crime, the juvenile's previous criminal record and their upbringing, before determining if they should be tried as an adult. But, it should still be the goal of the court system to attempt to educate juveniles, rather than throwing in the towel at the first sign of violence, and sending them to prison with even more violent, hardened criminals. Some say that children who commit adult crimes such as murder should be tried as adults. Then you should be tried as an adult no matter your age. If you take a life from one you should suffer the same punishment if your 15 or if your 43.
A civil case is when the plaintiff decides to sue another person, organization, or a business, the individual being sued is also called the defendant. In a criminal case, the crime is based on offenses against the state, with the prosecutor charging the suspect for the crime and not the actual victim charging the suspect. (The Differences between a Criminal Case and a Civil Case, n.d) Many fundamental distinctions between a civil and criminal case separate them from one another in our court system, which include but are not limited to; the standard of proof required in a criminal case compared to that of a civil case, the terms and forms of punishment, and also whether or not you are entitled to an attorney. “In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.” (The Differences between a Criminal Case and a Civil Case, n.d) A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact is known as standard of proof. (Standard of proof.
The legal term juvenile delinquent was generated so that young offenders could steer clear of the humiliation of being labeled in officially authorized court documents as criminals. In the United States, all states have separate systems for dealing with juvenile and adult criminals. A juvenile delinquent is a minor that is usually under the age of 18, who have committed an offense in states which have confirmed by law that a minor does not encompass responsibility and therefore may not be punished as an adult. Though, the legislatures of a number of states have decreased the age of unlawful accountability for severe crimes or for persistent habitual offenders to as low