Titleof the Paper
JuvenileOffender: Colleen M. Case Study
InitialContact: Arrest and Detainment
Colleenwas arrested by a law enforcement official and thus entered into thejuvenile justice system. She was charged with manslaughter,determined as a delinquent by the court and tested positive foropiates. Her prior offenses include violent disputes with aneighbor, running away from home and stealing shoes from a corpse atan accident scene. Her aunt will be questioned for furtherinformation about the teenager before deciding to detain her.
Whileawaiting her trial, Colleen will be held at a secure detentionfacility according to 42 USCS § 5603 [CITATION Sec16 l 1033 ].Whileall offenses committed by Colleen were taken into consideration,manslaughter got considered in determining her fate after the arrest.
CaseInformal hearing and Disposition
Colleenclaims that she is not guilty to involuntary manslaughter of herneighbor. Therefore, an informal hearing by the judge does not applyto her case.
Ata formal hearing, Colleen will either be in a juvenile court orcriminal court. However, part of the crime that she was arrested forfalls under egregious offenses and is above the scope of the juvenilecourt. She will be tried in a criminal court.
Ather court hearing, the prosecutor will submit 2 petitions to thejudge. One will be the delinquency petition and the other will be awaiver petition[ CITATION The l 1033 ].The delinquency petition will request the judge to declare Colleen asa youth delinquent while the waiver petition will ask the juvenilecourt to forfeit this case and pass it over to the criminal court.Colleen does not have juvenile history but tested positive forillegal drugs and thus will remain in detention
Whilein detention, the delinquency petition containing all the allegationsagainst Colleen will be presented to the judge. The main purpose ofthe delinquency petition is to inform the judge of what the youth iscapable of and request the judge to adjudicate the case in a formalhearing. At adjudication, the facts are presented and witnessescalled to testify. The probation office evaluates the youth and comesup with the next step for the court.
Incase the prosecutor working Colleen’s case submits a waiverpetition, the court will decide where the case will be heard[ CITATION The l 1033 ].
Thereare offenses that Collen committed which fall under status offenses,these include previously running away from home, being ungovernable,violating her curfew among others. However, she was arrested forinvoluntary manslaughter.
Followingthe dispositional hearing and testing positive for opiates, she willnot be going home with her aunt as she requested. Rather, she will betransferred to a controlled juvenile correctional facility. Thefacility will enroll her into a juvenile disciplinary program thatfocuses on physical and mental rehabilitation, and finding a balanceat home, school, and community.
Lastly,her case will undergo a screening process to assess any ‘risks’to the public before recommending the period she should spendattending the juvenile programs.
Thelaws applicable to juveniles and determining juvenile delinquency gotconsulted for Colleen’s case. It is fair to conclude that given herrecord of status offenses and her age, the judge should hand aminimum sentence based more on correction and rehabilitation thanpunishment.
US Legal Inc. (2016). Secure Detention Facility Law and Legal Definition. Retrieved from US Legal: https://definitions.uslegal.com/s/secure-detention-facility/
The Clark County. (n.d.). Juvenile Crime. Retrieved from The Clark County Prosecuting Attorney: http://www.clarkprosecutor.org/html/juvenile/juvenile5.htm