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Monday, February 25, 2019

Marie is a 13 year old female

Marie is a 13 year old female, who, on with 2 self-aggrandisings (both mount up 18), staged a kidnapping of a 13 year old girl in Maries class. They tied and gagged the picayune girl to the kidnapping spot. Should Marie be brought to trial as a juvenille or tested in an openhanded court? Is Marie classified as a juvenile offender? To answer these questions we will look at what classifies a juvenile offender, offenses that constitutes juvenile assay as givings, criminal intent environ Maries case, what sendencing guidelines should be considered and what word conditions should be made.It is a sad fact that people of all ages commit crimes, yes, even children under level-headed age of adult hood which varies from evidence to state. Because of this juvenile court systems have been designed to sentence those who argon too young to be act as an adult. Those juvenile that commit crimes usually be move before a special the juvenile court and receive their punishment. However, more or less juvenile are committing adult crimes and therefore should be charged as adults. When these cases arise a juvenile offender good deal be waived from juvenile court to adult court if the offense was adult enough.Usually a wavering processing has to be conducted via the procecustor. However, many states have laws allowing prosecutors to file adult charges against juvenile offenders for serious offenses without applying for a waiver (www.expertlaw.com). In addition, many states have seen the need to eliminate some serious offensives from juvenile court. Because of their severity offenses such as capital crimes, murders, and former(a) offenses against soulfulnesss will be tried only in adult courts.According to www.co.san-joaquin.ca.us, those adolesants at least 14 years of age give the bounce be tried and sentenced to as an adult form a number of felonies. These felonies include murder, assay murder, arson, robbery with a deadly or unsafe weapon, various forms of rap e, kidnapping, and carjacking. It is life-sustaining to point out that under most state laws, juvenile offenders do not commit crimes, they commit delinquent acts that some would constitute as crimes in pull by adults.With the understanding of juvenile offenders and what offenses permit a juvenile to be tried as an adult, should Marie be tried as an adult for her inter-group communication in the kidnapping of her classmate? In my opinion, yes Marie should be tried as an adult. As a juvenile offender tried as an adult she will have the legal protection as adults defendants correctly to an attorney, the right to remain silent, and the right to present accusers, cross-examine witnesses and appeal to a higher court.According to the legal dictonary criminal intent is a mental desire and will to act in a token way. Maries intent was plotting with the adults to kidnap her classmate. Because juvenile are not sentenced even when tried as adults, instead they are reconstructd, Marie sho uld still face a juror of six adults. Her past history with the juvenile system, opportunity of reform, seriousness and her inter-group communication in the kidnapping as well as how the publics safety will be affected if she is not locked up should be considered in the guidelines of the sentencing of the case.Treatment consideration should be provided to the court as a replacement program such as a detention amount or boot camp. Even if this is her first offense, it is clear by her involvement in this crime that she is headed down the wrong path and redirection is in order. It is cognize by adult court judges that the adult prisons offer little(a) in the way of rehabilitation, counseling, or schooling. Therefore rehabilitation is mostly promising the route the juvenile would get.A rehabilitation center would provide her the maximum shelter training schools operated by state governments or non-profit organizations. In these facilities she would be fit(p) through a rigorous program of education and counseling. Marie should not be sent to an adult prison, as a 1996 study of children sent to an adult prison were 1/3 more likely to commit crimes when released than those who were sent to a rehabilitation center (Juvenile Justice). If she is transferred into a boot camp, she would be knotted in a military style regimen or sonorous work, calisthenics and discipline (Kresnak, pg 04). According to Jack Kresnak, the purposes of these camps are imposing social organisation into their chaotic live.Even though I have suggested and support Marie creation tried as an adult for her involvement in this terrible crime and contact her to obtaining rehabilitation for her actions, this is not saying that juveniles are not sentenced to pinion. In retrospect, www.expertlaw.com was firm to point out that many states have large juvenile prisons and treatment facilities. It is highly understood that some juvenile offenders are extremely dangerous and despite their age in carceration can and should be appropriate for them. It is as well as vital to know that if tried as a juvenile, these juvenile offenders are not offered the same guidelines as adults.They have no constitutional right to a jury trial, and do have a right to a public trail or bail. The purpose of juvenile trail is to rehabilitate not to punish. That is why I stand firm on my end that Marie should be tried as an adult. She committed a crime and being tried as an adult will ensure that she is scared into the veracious social behavior.However, the only problem we foresee in her being tried as an adult is that Marie is only 13 years of age. Most states as we have read allow children as young as 14 to be tried as an adult for various felonies, because of this legal catch, can we still have her tried as an adult? Yes, in the state of Colorado according to http//www.state.co.us/gov_dir. a juvenile 12 or 13 years of age and is alleged to have committed an act that if committed by an adult would constitute a Class 1 or 2 felony or crime of violence as defined in section 18-1.3-406, C.R.S. can be tried as an adult.Because of this law in Colorado I conclude that Marie should be tried as an adult for her involvement in the kidnapping of her classmate and sentenced to a rehabilitation center or boot camp. In either place, she will gain the educational and discipline to become a better citizen and well rounded person and hopefully become reformed enough to play an active, good chaste role in our society upon her completion of the program.RefrencesWhen a Child can be tried as an adult, A publication of the office of Legilaive legal services. August 30, 2005. https//www.expertlaw.com/library/criminal/juvenile_law.htmlCriminal Law Juvenile Criminal Cases. 1999 subject field Report Series, Juvenile Justice. Bulletin Juvenile Justice A atomic number 6 of Change December 1999. Kresnak, Jack. Chapter 2, Juvenile Justice.http//www.justicejournalism.org/crimeguide/chapter02/ chapter02_pg04.html

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