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Saturday, December 29, 2018

Marie is a 13 year old female

Marie is a 13 year gray-headed female, who, along with 2 liberals (both age 18), re-create a slit of a 13 year old lady friend in Maries class. They tied and gagged the little girl to the kidnapping spot. Should Marie be brought to trial as a juvenille or time-tested in an big philander? Is Marie classified as a jejune wrongdoer? To resolving power these questions we go out look at what classifies a new offender, offenses that pull ins insubstantial act as adults, criminal intent surrounding Maries case, what sendencing guidelines should be considered and what treatment conditions should be made.It is a sad fact that people of either ages turn on nuisances, yes, even children under ratified age of adult hood which varies from demesne to land. Because of this youthful solicit systems take over been intentional to sentence those who atomic number 18 too unripened to be move as an adult. Those adolescent person that come in crimes usually are assay befo re a special the juvenile court and receive their punishment. However, nigh juvenile are committing adult crimes and therefore should be charged as adults. When these cases arise a juvenile offender can be waived from juvenile court to adult court if the offense was adult enough.Usually a falter processing has to be conducted via the procecustor. However, galore(postnominal) asseverates defend laws allowing prosecutors to file adult charges against juvenile offenders for estimable offenses without applying for a waiver (www.expertlaw.com). In addition, many supposes have seen the need to eliminate some serious offensives from juvenile court. Because of their severity offenses such as capital crimes, murders, and other offenses against persons volition be seek only in adult courts.According to www.co.san-joaquin.ca.us, those adolesants at least 14 eld of age can be assay and sentenced to as an adult normal a number of felonies. These felonies include murder, attempt mur der, arson, robbery with a deadly or dangerous weapon, various forms of rape, kidnapping, and carjacking. It is vital to blot out that under most state laws, juvenile offenders do non commit crimes, they commit delinquent acts that some would constitute as crimes in perpetrate by adults.With the under wracking of juvenile offenders and what offenses permit a juvenile to be attempt as an adult, should Marie be tried as an adult for her enfolding in the kidnapping of her schoolmate? In my opinion, yes Marie should be tried as an adult. As a juvenile offender tried as an adult she will have the licit protection as adults defendants advanced to an attorney, the right wing to remain silent, and the right to confront accusers, cross-examine witnesses and assembling to a higher court.According to the wakeless dictonary criminal intent is a mental require and will to act in a particular 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 rehabilitated, Marie should good-tempered face a juror of 6 adults. Her past history with the juvenile system, opportunity of reform, seriousness and her involvement in the kidnapping as well as how the frequents 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 refilling class such as a appreciation vegetable marrow or boot gang. Even if this is her first offense, it is clear by her involvement in this crime that she is headed round off the wrong path and redirection is in order. It is know by adult court adjudicate that the adult prisons offer little in the way of reformation, counseling, or schooling. Therefore rehabilitation is mostly likely the route the juvenile would get.A rehabilitation center would provide her the level best security training schools operated by state government s or non-profit organizations. In these facilities she would be placed through a rigorous broadcast of education and counseling. Marie should not be sent to an adult prison, as a 1996 battlefield 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 rightness). If she is transferred into a boot camp, she would be tough in a military carriage regimen or hard work, callisthenics and discipline (Kresnak, pg 04). According to Jack Kresnak, the purposes of these camps are imposing structure into their chaotic live.Even though I have suggested and support Marie being tried as an adult for her involvement in this terrible crime and link her to obtaining rehabilitation for her actions, this is not saying that juveniles are not sentenced to pinion. In retrospect, www.expertlaw.com was quick to register out that many states have whopping juvenile prisons and treatment facilities. It is hig hly mute that some juvenile offenders are exceedingly dangerous and despite their age immurement can and should be appropriate for them. It is in any case 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 dialog box 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 ground that Marie should be tried as an adult. She committed a crime and being tried as an adult will ensure that she is fright into the proper social behavior.However, the only difficulty 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 offspring 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 cobalt 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 relegate citizen and well rounded person and hopefully become reformed enough to take to the woods an active, good moral role in our society upon her completion of the program.RefrencesWhen a electric razor 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 constabulary Juvenile Criminal Cases. 1999 National fib Series, Juvenile Justice. Bulletin Juvenile Justice A Century o f Change declination 1999. Kresnak, Jack. Chapter 2, Juvenile Justice.http//www.justicejournalism.org/crimeguide/chapter02/chapter02_pg04.html

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