Jurisdiction
The offender is 15 years old, which makes him qualified for juvenile proceedings. The offender is accused of and armed robbery of a corner convenience store without wounding. While no one was hurt, the crime was committed, and the offender was detained by the police officers when he was at home. The juvenile has no prior record of the offense. Currently, the minor lives with his mother while his father is incarcerated for assault. The offender’s grandmother provided supervision for the juvenile, as the mother worked two jobs to support the family. However, the grandmother deceased a year before the offense, and the mother does not have time to supervise the child. Thus, the child may be considered uncontrollable.
Legal Rights
The child admitted the allegations and did not resist the arrest. There are several issues contributing to the case. First, the child lives without parental supervision under the constant pressure of their peers. Even though the offender does not admit the fact, it is most likely that the firearm used during the robbery was acquired from other minors in the neighborhood. Second, the father of the family has a record of drug possession. Considering the circumstances, the juvenile may have had access to the illicit drug and developed a dependency. The child does not have any known mental health issues.
Intake Decision
The present case is recommended to be diverted from the formal processing in the juvenile justice system, as the child is a first-time offender. A diversion will help the offender reduce the stigma from processing through the juvenile system and support rehabilitation (National Institute of Justice [NIH], n.d.). First-time offenders are considered low-risk youths, and a carefully chosen diversion program is expected to reduce the probability of recidivism (NIH, n.d.). The diversion program should include restitution to the convenience store, parenting services, drug screens, and community work.
Short-Term Strategy
The offender’s mother needs to take full responsibility for the supervision of the child. As a front matter, the child needs to be assessed for illicit drug use. If drug use is confirmed, the child should be provided with addiction treatment. Currently, the mother works two jobs to provide for the family and does not have enough time to dedicate to the child. Thus, she needs to be offered social services that can help her receive benefits to quit one of the jobs to have enough time to supervise the child. After that, the mother and the offender are to be provided parental services to restore family bonds that can support rehabilitation. Finally, the offender is also recommended to engage in community service work to develop accountability and repay the debt to society.
Long-Term Strategy
In the long term, the child should be screened for drug use once in three months for 36 months. Family counselors should assess the family’s functionality and psychological well-being every six months for three years. Finally, the attendance and school grades of the offender should be monitored four times a year.
When Rehabilitation Is Not an Option
Diversion is not always an option for juvenile offenders, especially if they have a record of multiple offenses or committed a serious crime. Case Study 5 features Adam, a juvenile offender that has a history of numerous offenses, including shoplifting, drug possession, illegal drug trade, substance misuse, and violent behavior. Adam engaged in several rehabilitation programs, but none of them were associated with sustained behavioral changes. Currently, the boy is associated with a local gang of 18- and 19-year-olds involved in crystal meth operations. Adam is charged with critically wounding a rival drug dealer. The present paper provides recommendations for dealing with the offender from a prosecutor’s viewpoint.
Court Proposition
Adam is to be put to an adult criminal court, which is applicable according to several state laws. Currently, the majority of states treat children as adults in case of serious offenses, such as murder. For instance, according to Pennsylvania Juvenile Act (n.d.), children over 15 are automatically treated as adults and referred to criminal courts for serious offenses, including rape, involuntary deviate sexual intercourse, aggravated assault, robbery, and kidnapping. There are exceptions to these rules under certain circumstances. For instance, the defendant’s side can file for reverting a case to a juvenile court for first-time offenses when the offender does not understand the consequences of actions or the crime is committed by accident (Metrick, 2020). Reversion to juvenile courts is also possible in rare cases when the offender demonstrates the signs of remorse (Pennsylvania Juvenile Act, n.d.). However, none of the circumstances described above are present in Adam’s case.
Adam committed first-degree attempted murder, which is a serious crime that may be punished by a life sentence in the criminal justice system. Adam has a lengthy record of various offenses, as well as a history of drug misuse. He has not demonstrated any remorse and is likely to commit crimes in the future. Various interventions aimed at rehabilitation did not work, as Adam continues the same behavior without a sign of remorse. Thus, it is recommended that the criminal justice system takes a step away from rehabilitation and turn to punishment. There is a high probability that if no punitive measures are in place, Adam will continue to be a threat to society, as he does not have enough support from the family or peers to change the current behavior.
Recommended Sentence
There are two possible charges applicable in the case: aggravated assault and attempted murder. In the juvenile justice system, aggravated assault is punishable with up to 5 years in prison and up to $5,000 in fines (Ansara, n.d.). However, if charged as an adult, Adam can be punished with a prison sentence of up to 20 years (Ansara, n.d.). As for attempted murder, it is usually seen in criminal courts with a possible life sentence for first-degree attempted murder and 5-15 years in prison for second-degree attempted murder (Theoharis, n.d.). Thus, it is crucial that the judge classifies the case before recommending a sentence.
In the prosecutor’s opinion, Adam committed first-degree attempted murder, as the present case has evidence of intention and action. Thus, the prosecution recommends 15 years in prison with the possibility of parole after serving at least 60% of the sentence. The judge, however, should alter the penalty in case evidence is found that supports the different classification of the crime.
Re-entry Recommendations
As a result of serving a sentence, the offender will have no experience of living the life of an adult outside prison. The person will not have any skills required to find a job and perform the responsibilities of an adult person. Moreover, Adam is likely to face housing problems and socialization problems. Thus, it is crucial to develop a re-entry program based on Adam’s needs at the point of the start of the reintegration process. Therefore, first, the probation officer will need to assess Adam’s needs. Second, the probation officer is recommended to make a list of possible community resources available for Adam. Finally, the officer should identify Adam’s strengths that can be used to reintegrate with the community.
It is crucial to assign Adam to a case manager who can grasp the complexity of Adam’s situation. A case manager will be able to navigate Adam into normal life by identifying resources, re-assessing needs, making appointments, and helping to keep up with the schedules. A case manager can also refer Adam to community services that help former inmates find jobs and housing.
References
National Institute of Justice. (n.d.). Juvenile diversion programs. Crime Solutions. Web.
Ansara, R. (n.d.). Juvenile aggravated assault and aggravated battery. Anaralaw. Web.
Baldwin, L. (n.d.). Who decides to try a juvenile as an adult? Criminal Defense Lawyer. Web.
Metrick, B. (2020). A 13-year-old is charged as an adult for killing his brother: What does the court system have in store for him?PennLive Patriot News. Web.
Pennsylvania Juvenile Act. (n.d.). PA Legislations. Web.
Theoharis, M. (n.d.). Attempted murder. Criminal Defense Lawyer. Web.
Reflection
In Week 1, I was determined that juveniles should not be treated as adults for a variety of reasons. I argued that children are weak both physically and mentally, making them unable to handle the physical threats and psychological pressures of being processed through a criminal justice system. Additionally, I claimed that children often cannot realize the consequences of their actions and can ruin their lives by a childish mistake. Even though the present course did not make me change my opinion entirely, I realized the complexity of the subject. After taking the course, I realized that even though children should not be trialed and sentenced as adults, there is often a thin line between childhood and adulthood. Sometimes, children intend to commit crimes and use their age as a way to escape punishment. Thus, the approach to juvenile offenders needs to be flexible to minimize the possibility of recidivism and reduce the threat to society.
The thin line can be appreciated by contrasting two case studies discussed during the course. For instance, the Week 2 case study that pictured a student who attacked a cyberbully demonstrates that children cannot often adequately react to outside stress factors. If the student was treated as an adult, the attempt to defend oneself from a cyberbully could have resulted in incarceration and a label for the rest of the student’s life. However, Week 5 case study pictured Adam, who failed to rehabilitate after several interventions. If the systems treated him as a juvenile offender, it could have resulted in an additional threat to society. Adam was involved in gang activity and needed to be separated from abusive parents and peer pressure. It was clear that Adam was aware of the consequences of his behavior. Thus, the present course made me realize that judges, prosecutors, probation officers, and social workers have a difficult task to decide if a juvenile offender should or should not be brought to the criminal court.