Assignment Four
5 Points
Submit to the appropriate Discussion area. Respond to two of your classmates.
Read the following scenario and answer the following questions.
As an experienced family court judge, you are often faced with difficult decisions, but few are more difficult than the case of John M., arrested age fourteen for robbery and rape. His victim, a young neighborhood girl, was badly injured in the attack and needed extensive hospitalization; she is now in counseling. Even though the charges are serious, because of his age John can still be subject to the jurisdiction of the juvenile division of the state family court. However, the prosecutor has filed a petition to waive jurisdiction to the adult court. Under existing stat law, a hearing must be held to determine whether there is sufficient evidence that John cannot be successfully treated in the juvenile justice system; the final decision on the matter is yours alone.
At the waiver hearing, you discover that John is the oldest of three siblings living in a single-parent home. He has had no contact with his father for more than ten years. His psychological evaluation showed hostility, anger toward females, and great feelings of frustration. His intelligence is below average, and his behavioral and academic records are poor. In addition, he seems to be involved with a local youth gang, although he denies any formal association with them. This is his first formal involvement with the juvenile court. Previous contact was limited to an informal complaint for disorderly conduct at age thirteen which was limited to an informal complaint for disorderly conduct at age thirteen, which was dismissed by the court’s intake department. During the hearing, John verbalizes what you interpret to be superficial remorse for his offenses.
To the prosecutor, John seems to be a youth with poor controls who is likely to commit future crimes. The defense attorney argues that there are effective treatment opportunities within the juvenile justice system that can meet John’s needs. Her views are supported by an evaluation of the case conducted by the court’s probation staff, which concludes that the case can be dealt within the confines of juvenile corrections.
If the case remains in the juvenile court, John can be kept in custody in a juvenile facility until age eighteen: if transferred to felony court, he could be sentenced to up to twenty years in a maximum-security prison. As a judge, you recognize the seriousness of the crimes committed by John and realize that it is very difficult to predict or assess his future behavior and potential dangerousness.
Questions
- Would you authorize a waiver to adult court or keep the case in the juvenile justice system? What’s the basis for your decision?
- Can fourteen-year-olds truly understand the seriousness of their behavior? (Base your answer on the reading you have done on this subject.)
- Should a juvenile court judge consider the victim in making a disposition decision?