¶ … United States judicial system has honored the policy that children and adults do not have the same psychological and emotional capacities and should therefore be treated differently when tried for a crime. With the exception of extremely malicious acts performed by juveniles, the court system has separated juveniles from adults in trials.
Recently, mechanisms allowing juveniles to be tried as adults have become more widely used. Judicial waiver involves a juvenile court judge transferring an adolescent to criminal court based on, among other things, the seriousness of the crime, the offender's history, and the chances of the offender repeating his or her acts. Direct file policies allow the prosecutor to decide whether to file charges against a juvenile offender in criminal or juvenile court. Lastly, under statutory exclusion, certain categories of juveniles are automatically tried in adult criminal court. This is usually determined by an individual's age and the seriousness of the offense.
However, many people argue that juveniles of a very young age do not have the mental capacity to be charged as adults so they should retain juvenile status. It is important to examine what is considered mentally competent. To be deemed mentally competent, an individual must be able to assist counsel as well as demonstrate the ability to understand which rights are maintained and waived, how to enter a plea, and so on. It is true that some young people are mentally...
United States has the highest rate of confinement of prisoners per 100,000 population than any other Western country. Analyze this phenomena and discuss actions that you feel are necessary to combat this problem. The United States currently has the highest incarceration rate of any nation worldwide. For example, greater than 60% of nations have incarceration rates below 150 per 100,000 people (Walmsley, 2003). The United States makes up just about
Judicial Review The most important American political institution is the U.S. Constitution. Of course, this is only a document, but it is also an institution in its own way, for it is the basis of all American political institutions and practices. It is like the DNA of our government: We would have no government without it, no road map to create our form of democracy. Unlike other democracies like Great Britain
Catholic church and public policy have remarked that the members of American clergy in general, without even excepting those who do not admit religious liberty, are all in favour of civil freedom; but they do not support any particular political system. They keep aloof from parties, and from public affairs. In the United States religion exercises but little influence upon laws, and upon the details of public opinion; but it
U.S. National Strategy What three United States national interests do you think will be at great risk over the next five years? Describe those interests and identify which instruments of national power can be leveraged to protect or advance those national interests and how those instruments can be used. As President Obama stated in his addresses to Congress in February 2009, the most important problem that the country faced was the economy,
As Treanor emphasizes, "What appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had invalidated statutes that trenched on judicial authority and autonomy" (455). Texas v. Johnson (1989). Perhaps as no other issue in the post-September 11, 2001 climate is that of flag-burning. The debate is heated and emotionally charged, and it is easy to get
In the event that the analysis of records of telephone, e-mail and internet use was considered to amount to an interference with respect for private life or correspondence, the Government contended that the interference was justified. First, it pursued the legitimate aim of protecting the rights and freedoms of others by ensuring that the facilities provided by a publicly funded employer were not abused. Secondly, the interference had a
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