Thursday, 4 May 2017

Criminal Court Processing

  • John Doe, a juvenile, steals a vehicle and drives it around his city. While driving the vehicle, he wrecks the vehicle and he is charged with vehicular manslaughter. As a prosecutor, compare and contrast the primary factors that you need to consider when requesting that a court grant a trial waiver petition and transfer of the juvenile case to an adult court. Provide a rationale for your response.
  • Take a position as to whether or not you believe blended sentencing affords juveniles their full constitutional rights. Discuss the key attributes that result in the usage of blended sentencing in today’s juvenile courts. Provide examples of related instances of blended sentencing to support your response.
John Doe’s actions are what make this crime suitable for adult courts no matter the intentions of intentionally killing or not the reckless lack of care for the general public is there. There was someone killed by John Doe’s actions and in Virginia 1st degree murder always constitutes automatic transfer, although this transfer isn’t considered automatic there are other factors involved in this that makes the juvenile capable of standing trail in circuit court starting with the lack of care for the public. Grand Theft Auto whether a minor or an adult is lack of care for another person’s property and is an adult crime also, transfer to adult court would also give the juvenile the right to trial by jury instead of automatic guilty in juvenile courts.
In Virginia we do see blended sentencing in this case with juveniles tried in circuit court with a jury trial they are still sentenced by a circuit court judge but they are allowed to have juvenile and adult sentencing. If a juvenile is charged and convicted of murder in a circuit court in Virginia they can be kept in juvenile housing until they are old enough to be sent to adult housing. But if the crime is not violent there is also a status for serious juvenile offenders in which the maximum time allowed for a juvenile goes from three years to seven years or till their twenty first birthday whichever comes first. Because juveniles sentenced in adult courts are still allowed access to juvenile sentencing it is fair I think to say they are given a lot of rights and even some adults do not see.

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