...|Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions Report, December 1998 Patrick Griffin Patricia Torbet Linda Szymanski National Center for Juvenile Justice Shay Bilchik, Administrator Office of Juvenile Justice and Delinquency Prevention [pic] Table of Contents Office of Juvenile Justice and Delinquency Prevention Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in...
Words: 2470 - Pages: 10
...The United States used to more flexible on juvenile cases and now the United States are more punitive and harsh than other industrialized countries. The United States was one of the six countries to sentence juveniles to the death penalty. In 2005, the Supreme Court abolished the death penalty. Judicial waiver has been the most common transfer method for juveniles to transfer from juvenile court to adult criminal court. There are three types of judicial waiver: discretionary, presumptive, and mandatory. Burke describes the maturity and the growth of the teenager’s brain. The adolescent’s brain is still growing and maturing during adolescence, it stops growing in their early 20s. Therefore, teenagers can’t be tried as adult because their brain...
Words: 259 - Pages: 2
...past and current issues in preparation of the future. Currently, issues such as tougher gun laws and juveniles being tried as adults are some examples of what the courts face, along with a vast variety of other important issues. Briefly, this report will examine current and future issues as they revolve around the courts system of the United States and court administrators. This report will examine the following issues: juvenile tried as adults and tough gun reforms. Historically, the United States of America has become the destination spot for many immigrants seeking the “American Dream.” With many different languages being spoken, the courts must provide a means of language interpretation. In regards to language interpretation services, this report will underline future management issues and trends as they relate to the courts. In the past victim’s rights were non-existent; victims and their families were not allowed to obtain any information regarding court proceedings, let alone be present in the courtroom. Victims did not receive any assistance until the mid to late 1960s; the first victim’s compensation program was established in California. Briefly, this report will illustrate how past, present, and future victim’s rights laws have an impact on court proceedings. Current and Future Issues Juveniles According to the Campaign for Youth Justice (2012), juveniles in the United States only account for a small portion of crimes committed in...
Words: 1487 - Pages: 6
...Running head: Juvenile Crime 1 Juvenile Crime Patrice Lewis January 26, 2014 CJ200 Professor Lee Rankin Juvenile Crime 2 “We fight for our children, that they may enjoy the promise of America. We fight for their innocence and their dreams. It is a fight for our future.”(Schmalleger, 2011, Chapter 15). I read this quote during my reading and it stuck with me throughout this entire section. Most youth in America today struggles with the idea of dreaming a better life. Many juveniles are put in a downward position and expected to pull up with just the strength of them. Some can accomplish this but many fail and enter into the juvenile system, trying to obtain the better life. Growing up for me in a poverty stricken area I seen a lot of crime committed by juveniles. Instead of being in school and enjoying the freedom we had between classes, and taking advantage of being a kid, children were robing other kids for shoes, cell phones, and money. Children were hanging out on street corners selling drug and joining gangs, trying to obtain a sense of belonging and fast money. In my neighborhood the drug dealers and gangbangers were idealized while the police and teachers were hated. Growing up around this only made me want to push...
Words: 1227 - Pages: 5
...Lanier 06/13/2013 Juvenile justice in Virginia is based on the Juvenile Justice and Delinquency Prevention Act, which was passed in 1974 by US Congress. It stated that all states should provide the best rehabilitation for people who are too young to bear criminal responsibility for their actions (US Dept. of Justice, 1974). The Virginia Department of Juvenile Justice has a set values statement, which determines the attitude to juveniles in criminal justice and respectful treatment provided by law enforcement officers to them. Juveniles in criminal justice are Virginia are treated as a specific group and have extended rights compared to adult offenders. Juveniles have their correctional centers and detention facilities, but the maximum sentence there cannot be too long because Virginia has not enough bed spaces to detain all juveniles who have problems with the law. The values of knowledge, respect and effective communication are realized in addressing juvenile cases in the court. Juvenile court is represented by Juvenile and Domestic Relations District courts in Virginia. However, there are certain cases when juvenile offenders can be tried in criminal court. According to Powers (2009), previously juvenile cases were heard in juvenile courts only. It was extremely difficult to transfer the case of juvenile offender (even the most violent) to the adult court. The latest US tendencies show that all...
Words: 1560 - Pages: 7
...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child...
Words: 23351 - Pages: 94
...The Racial Disparities and Incarceration of Juvenile Delinquents Mario M. Tate University of Memphis Abstract The criminal justice system has had to enact harsher treatment due to the erratic and unpredictable nature of juvenile delinquents who refuse to follow the law. The age ranges for juveniles that are being considered in this study are 12-18 years old. I want to address the ever growing problems of racial disparity and incarceration of juvenile delinquents, who tend to not have any other options, but being arrested and are preyed upon because of their racial make-up. Single parent households, lack of education, supervision, and economics are some of the contributing factors which have lead many juveniles down the road to their deviant behavior. Data has been collected to try and understand the reasons for the defiant behavior of juveniles, so advocates may assist them in remaining with their families; through constant monitoring and evaluations of behavior and actions of our children they may stand a significant chance of growing up to be prosperous and productive adults. Also increased funding through the Juvenile Justice Prevention Act will help local state and county municipalities’ kick-start programs to assist today’s youth. Keywords: juvenile delinquents, incarceration, racial disparity, juvenile justice, racial discrimination, jail, juvenile courts The history of juvenile delinquency and racial disparity has gone hand in hand for a very long time and...
Words: 4826 - Pages: 20
...Is the U.S. Criminal Justice System a true system? William H. Watson IV University of Maryland University College Is the U.S. Criminal Justice System a true system? The criminal justice system in the United States (U.S.) is not a true system; or at least not a true functioning system. A true system is a fine tuned process, where all participants involved work towards a common goal. Every transition in a true system, is a smooth change, where no participants in the system will do anything to jeopardize the proper functionality of the next process in that system. This is not the case of the U.S. criminal justice system. The U.S. criminal justice system is comprised of numerous individuals, groups, organizations, and agencies funded by both government and non-government sources. Because, the U.S. criminal justice system is funded from different entities, there are several different agendas being carried out. There are three major components to the administration of the U.S. criminal justice system: the police, the courts, and corrections. In a perfect criminal justice system the police would arrest violators of the law, the courts would prosecute all law violators, and corrections would punish and rehabilitate violators, to integrate them back into society. While this is the formula the U.S. criminal justice system governs itself by, reality shows us that this quite often this is not the case. Only ten percent of court cases ever go to trial, with almost...
Words: 6671 - Pages: 27
...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
Words: 113918 - Pages: 456
...Prepared By: Advantage Team, Metlife 1. Amitabha Roy 2. Sandeep Shekhar 3. Sudipta Chatterjee 4. Sanjoy Dey 5. Sumantra Gupta TABLE OF CONTENTS CHAPTER 1: INTRODUCTION AND INDIVIDUAL LIFE INSURANCE 3 CHAPTER 2: REGULATION OF THE INSURANCE INDUSTRY 5 CHAPTER 3: INTRODUCTION TO RISK AND INSURANCE 9 CHAPTER 4: MEETING NEEDS FOR LIFE INSURANCE 15 CHAPTER 5: THE INSURANCE POLICY 19 CHARTER 6: PRICING LIFE INSURANCE. 22 CHAPTER 7: TERM LIFE INSURANCE 26 CHAPTER 8: PERMANENT LIFE INSURANCE AND ENDOWMENT INSURANCE 30 CHAPTER 9: SUPPLEMENTARY BENEFITS 37 CHAPTER 10: LIFE INSURANCE POLICY PROVISIONS 44 CHAPTER 11: LIFE INSURANCE BENEFICIARY POLICIES 50 CHAPTER 12: ADDITIONAL OWNERSHIP RIGHTS 52 CHAPTER 13: PAYING LIFE INSURANCE POLICY PROCEEDS. 59 CHAPTER 14: PRINCIPLES OF GROUP INSURANCE POLICY 63 CHAPTER 15: GROUP LIFE INSURANCE. 68 CHAPTER 16: ANNUITIES AND INDIVIDUAL RETIREMENT SAVINGS PLANS 73 CHAPTER 17: GROUP RETIREMENT AND SAVINGS PLAN. 84 CHAPTER 18: MEDICAL EXPENSE COVERAGE 90 CHAPTER 19: DISABILITY INCOME COVERAGE. 94 CHAPTER 20:TRADITIONAL GROUP HEALTH INSURANCE PLANS 98 CHAPTER 21: TRADITIONAL INDIVIDUAL HEALTH INSURANCE POLICIES 104 CHAPTER 22: MANAGED CARE PLANS 109 CHAPTER 23: REGULATION OF HEALTH INSURANCE 113 CHAPTER 1: INTRODUCTION AND INDIVIDUAL LIFE INSURANCE Insurance companies are organized as either • Stock Insurance...
Words: 39952 - Pages: 160
...BOOK ONE CRIMINAL LAW - that branch or division of law which defines crimes, treats of their nature and provides for their punishment. CHARACTERISTICS OF CRIMINAL LAW 1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC) EXCEPTIONS: a) Treaty stipulations b) Laws of preferential application c) Principles of Public International Law. The following persons are exempted: a. Sovereigns and other chief of state b. Ambassadors,ministers, plenipotentiary, minister resident and charges d’affaires. Consuls, vice-consuls and other commercial representatives of foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers. 2. TERRITORIAL – penal laws of the Philippines are enforceable only within its territory. EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory. 1) Offense committed while on a Philippine ship or airship 2) Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the Government. 3) Introduction into the country of the above-mentioned obligations and securities. 4) While being public officers or employees should commit an offense in the exercise of their functions. 5) Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two. EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory...
Words: 25047 - Pages: 101
...CMS_LawTax_CMYK_28-100.eps Duties & Responsibilities of Directors September 2012 With increased consolidation of business across Europe, executives of multinational groups can find that they are required to become directors of companies in a variety of jurisdictions, often at short notice. The rules relating to directorships vary considerably from jurisdiction to jurisdiction. This guide is intended to provide an overview of the duties and responsibilities of directors across 23 countries in Europe, answering the most frequently asked questions for directors coming from another jurisdiction. In many jurisdictions, there are various forms of company available, and there are different rules for directors according to the type of company used. This guide focuses for each jurisdiction on the most common form of company, and on the rules which apply to executive / managing directors. CMS is the organisation of independent European law and tax firms of choice for organisations based in, or looking to move into, Europe. CMS provides a deep local understanding of legal, tax and business issues and delivers client-focused services through a joint strategy executed locally across 28 countries with 52 offices in Western and Central Europe and beyond. CMS was established in 1999 and today comprises ten CMS firms, employing over 2,800 fee earners and is headquartered in Frankfurt, Germany. This guide is intended only to provide a general overview of the matters covered. It is based...
Words: 76452 - Pages: 306
...¤, Inc. 2012 ANNUAL REPORT Dear Shareholders, I look forward to leading dELiA*s in rejuvenating the business and ultimately providing a strong foundation for profitable long term growth. We believe that dELiA*s has enormous potential as a specialty retailer with great brand recognition among teens. One of our biggest assets as a company is our deep understanding of the dELiA*s customer. We know who she is and what she likes. And we have an incredible opportunity to capitalize on dELiA*s’ brand equity and our customer insights to build a stronger, more consistent connection with our customer. As an omni-channel company, we have many opportunities to interact with our customer. We want to present her with a consistent brand message, look and feel in whichever way she chooses to connect with the dELiA*s brand. Aligning our brand image across channels will allow us to engage her in a more powerful way, creating stronger, deeper and longer lasting relationships. As such, we are working to revise our strategic plan to enable us to more consistently present her with the product that she loves in a way that speaks directly to her. While this will not happen overnight, we are dedicated to continually improving the business. We have an incredibly dedicated team that is working hard to improve the business and I am excited to be working with them to create a long term vision that we believe will ultimately allow dELiA*s to reach its full potential. I want to thank all...
Words: 51294 - Pages: 206
...REPUBLIC ACT NO. 7160 REPUBLIC ACT NO. 7160 - AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991 BOOK I General Provisions TITLE I. Basic Principles CHAPTER I The Code: Policy and Application SECTION 1. Title. — This Act shall be known and cited as the "Local Government Code of 1991". SECTION 2. Declaration of Policy. — (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units. (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the community...
Words: 95323 - Pages: 382
...Bombay High Court 1 1862 - 2012 A Journey of 150 Years through some Memorable Judgments Part 1 2 PREFACE A tiny kernel of an idea planted by Justice Mridula Bhatkar took root, and has resulted in a humble effort to present before you a compendium of the crux of some of the judgments of the Judges who have served the Bombay High Court since its inception in 1862.1 The initial idea was to document one judgment of the First Court from each year which was modified to include a judgment of the Bombay High Court of each year. I soon realized that it was too expansive an idea to merit a single judgment a year. I could collect and collate, as many as ten judgments which would qualify to show the development of the law we desired to portray. Having found too vast a number of such judgments, I had to settle at a more reasonable figure of about five judgments each year to showcase the progress this Court has made from its illustrious beginnings. Our Chief Justice Mohit Shah and our Justice Chandrachud wholeheartedly supported the idea to complement the Book published on this the sesquicentennial of our Court. As the number of Judges grew, fewer judgments of each Judge would be selected as illustrations. These judgments are not the only path-finding groundbreaking ones; they are also ones with simplicity and legal elegance. The number of judgments we settled upon just would not permit all deserving judgments to be compiled; only a few have been picked from each year as the first in...
Words: 139867 - Pages: 560
