Morris Kent Jr. vs. the United States Essay Example for Free

Morris Kent Jr. vs. the United States Essay At the age of 14 years in 1959 he was reported to have committed several offenses on housebreakings and attempted purse snatching. He was placed under probation on his mother’s care with corresponding social services. At the age of 16 in 1961 he was reported to have committed housebreaking, stealing the house owner’s wallet, and raping her. After which he admitted committing several offenses of the same manner. The waiver Kent’s mother, a lawyer, and a case worker from the juvenile court filed a petition to consider waiving the case while he was placed at the District of Columbia Receiving Home for children for a week. The trial and verdict He was convicted to six counts on housebreaking and robbery but was acquitted on two rape counts by reason of insanity. The appeal Objections to fingerprinting proceeding, absence to notification of parents, and courts denial to the access on his social services file. Petitioner also questioned the validity of the one week detainment at the District of Columbia which if an adult is already considered unlawful. The validity of the waiver which denies the petitioner the benefits of the juvenile courts parens patriae capacity (Howell 1998). Schall vs Martin The history At the age of 14 in Dec. 13, 1977 Gregory Martin was arrested with first degree robbery, second degree assault, and criminal possession of a weapon. Martin with two others allegedly hit a youth on the head with a loaded gun. They then stole the victim’s jacket and sneakers. The procedure Martin evidenced of lack of supervision was based on possession of a loaded weapon, lateness of the hour, and false information on his address given to the police. He was detained for a total of fifteen days between the initial appearance and the completion of the fact finding. The trial and verdict Martin was found guilty on robbery and criminal possession charges. Since he was adjudicated as delinquent, he was placed on two years probation. The appeal Objections were made on the pretrial detention of juveniles implying greater abuses of law and power. Re Gault, re Winship, Mckeiver vs the State of Pennsylvania The cases Winship was a twelve year old boy in 1970 who entered into a locker and stole $112. 00 from a woman’s pocketbook. He was ordered placed in a training school for an initial period of 18 months subject to annual extensions from the basis of preponderance of the evidence. Gault was 15 years old in 1967 when taken into custody as a result of a complaint that he had made lewd telephone calls. He was ordered to perform as a juvenile delinquent until he should reach maturity at the State Industrial School. Mckeiver was charged together with a group of 11 to 15 years with various acts of misdemeanors which arose from several demonstrations protesting school assignments and a school consolidation plan. The public was excluded from the hearing for major reason that the juvenile proceeding might make the trial into a fully adversary process. Each member of the juvenile group was considered a delinquent while placing each of them under probation. Analysis and recommendations The Juvenile Justice Services Administration is responsible for the effective administration of the juvenile justice programs for delinquent and incorrigible youths which is being done in coordination with the juvenile courts. The identification of the needs of children facing delinquency leads to the invention and creation of the juvenile courts to go easy on young criminals. The rapid increased of juvenile crime and young people identified as at risk has created a furor on shocking juvenile crime statistics which resulted to a public outcry on the need for change in the management of young offenders in all of US states nationwide. This practically litigated some offenders in adult criminal courts. The argument details on young children who had committed violent crimes like assault, rape, murder and armed robbery which are often adjudicated in the same court as non violent offenders charged with shoplifting, burglary, and petty theft to drug offenses. The growing disillusionment of the therapeutic and ineffective approach of the juvenile justice system has resulted to appeals for a modification of its due process to transfer young offenders to adult courts and prisons. It has been the present society’s desire to oppose rehabilitation and effect punishment. They firmly believed that the framework of the juvenile justice system has permitted young offenders to avoid accountability which led to its nonadversarial, decriminalized process where violent offenders were never separated and categorized according to the severity of their crimes. The court subsequently measures to provide guidance and rehabilitation of the child and protection for society not to fix criminal responsibility, guilt and punishment according to their parens patriae capacity. It seems that US is now caught up with its own policy which seems to produce a rapid increase of juvenile offenders who are not amenable to rehabilitation who acts as criminals who happens to be children. The courts are now dealing on the crossroads of empowering themselves to consider amenability between children who err and those children who commits an isolated criminal offense against the mandates of the juvenile justice court system. There is a marked dependency issues within the jurisdiction of the court and for young offenders otherwise involved in the judicial system. The system which serves to pose as an integral part of the national development process to protect the young and maintain peaceful order in the system has created chaos because of its policy and practice of informal justice for issues of social control. Most common practice is the treatment of every youth who violates the law is not labeled as a juvenile delinquent unless they were officially processed through the juvenile courts and officially adjudicated. But how can they be properly processed if at the start police interventions are already placing lax policies at stake? Is it a matter of policy makers and policies implementation? Or is it a matter of family emotional and authority interconnections that created the young person as he is today? The purposes and procedures of juvenile courts have become immerse on public reactions reflecting opinions on the system. To protect the rights of the young offenders, there must be a classification on matters of the crime that was committed. It is necessary to redesign a new youth justice system before it does more public harm. Young offenders caught in the web of the existing criminal justice system shall be classified according to the severity of the crime that was committed through individualized assessment and proactive case management. There shall be a diverse menu of options where the institution shall be created solely for the young offenders. This is the day that the court will treat crime as a crime regardless of the offender’s age and the appropriate time that young offenders will hold accountability and experience the consequences of their acts. Young people who violate the law are no longer guaranteed special treatment simply because they are young but must be disciplined according to the severity of the violations they had committed on separate juvenile institutions. The separate institution is still a form of special treatment where the facilities and the education and training of the young offenders are to be thoroughly studied. Amidst the severity of the crime, young offenders will still continue to be cognitively, emotionally and socially different from adults. Therefore the separation and the creation of a unique institution for them where they shall attend training and education inside and still receive diplomas for their education continues to serve them as citizens and young offenders. There must be a mother image or model assigned to a particular group of five or six children who will monitor their personal needs and really pose as a parent to them. Screening for the recruitment of mothers on this process must be very thorough and well maintained. When we say that young people are vulnerable to negative influences, we can justify the mother or parent issue by the model parent who constantly monitors and cares for them and teaches them basic family values that may be more than what their biological parents could give largely dependent on the nature and characteristics of the model parent screening recruitment process. Why not try hiring Asians? Maybe a change of culture introduction will work for these offenders. When you are out of ideas on how to control them, we might as well try other cultures to experiment the effect. We might as well try blending policies and practices on the care management of these juvenile delinquents. There shall be no lapses over the rights of the child being tried in an adult court regardless of age on the basis of the severity of the crime because the institution to where he goes is not a mix adult one but a newly created institution that caters juvenile criminals for this matter. No fear of any adverse effect on social issues and negative adult influences because they interact with people of the same violent crimes and same age bracket. Or to modify court proceedings, since we already have classifications on the severity of offenses then it can move to create law appropriate for these juveniles who were criminally charged. However, the trials shall be done under and within the umbrella of the juvenile justice system with no act of favoritism on matters of age. So waivers on matters of jurisdiction may not pose a threat to committing mistakes on putting the child into the adult institution. The issue here is the willingness of the State to provide such juvenile penitentiary. The cost and the budget appropriations will more or less equal to the budget on their drug abuse intervention offers. But if young offenders will be criminally hold accountable for their offenses then they will absolutely stop and start to manage their baby instincts which results from baby court policies and treatment of their offenses and age. The court is not justifying the act but is more on protecting the age which contributes to these young people’s confidence in passing time making crimes and getting away with it because they are young which is very unreasonable and not applicable either in the family system more on the justice court system. The issue that serves to balance the recommendation is the factors that made this young delinquents abused their rights. Maybe there were too many rights given to them that the court cannot invade to create justice for the victims in that system anymore. They have made a perfect firewall on their policies that even them cannot manage to hack their own system to change. There shall be a modification with the justice system classification on young people’s offenses and put them right back on their tracks without getting their rights off. For once in their lives they should know the harm and damage they had done to their victims and make them pay for it in their unique form of institution. It is a matter of psychological warfare with these young people. The psychological warfare of which is already in their own advantage because of the juvenile justice system policies and practices. We love our children but we need to rear them right. Love does not only mean making them babies in treatment and in policies, they also need a little spanking when they err to understand the severity of their act. Love means caring for their needs but still punishing them when they do things that poses harm to themselves, harm to their families and harm to the society. We have to stop the notion of making them think that what they are doing is still acceptable because of the governing family policies and juvenile justice system methods of treatment and rehabilitation. It is a matter of breaking their confidence now that they were made indestructible in court because of their age. The idea is to make them realize what they have done is immaterial to age but a direct violation of love and God. The institution will serve them right because they are properly taken cared of depending on the administration. Since national policy has been taking children out of their families because they don’t trust parents to be effective anymore, which is due to their policy also, then putting then in a juvenile institution consisting of a large land, mother models, equip with schools for education and training when they err will put them in their places without taking out their right. It is a midway and the last recourse for these children. There will be no fear on part of the parents and no fear on part of the justice system. The kids now will serve their time studying and learning skills to get a life after serving their sentences. Some grave offenses will require them to work within the institution as part of the training like foundry or what Don Bosconian students are doing. If you don’t want to work and get trained 8 hours a day, then don’t commit grave offenses. Just be a youth and live how a youth is supposed to live. It is a matter now of choice for these juvenile offenders. The knowledge itself that they have an institution to go won’t make them go easy on their impulse acts and imaginations. It is like the idea of over feeding the child which makes him obese, overprotective policy will make him a criminal because nobody can touch him. It seems that the idea lies on the thought that the victim will fear more of being killed and raped by a juvenile offender because no justice can be absolutely derived from it. How can a nation maintain peace and order then when it disrupts respect for law and of the rights of the victim in the first place? We want to see the situation objectively. Reversing orders by judges is just not applicable but modifications on the juvenile justice system are what we have to look into deeply. It is time for a change and that change shall start now before certain events will turn to future abolition of the ineffective juvenile justice system. We just have to look at the flow chart and analyze the policies and procedures involved in each processes. The theme is objective analysis and not favors. The only thing that will hold them from waivers and transfers to adult courts are the negative consequences of adult institutions for their age and shall not be based on their ages. Figure 1. Juvenile justice flow chart (Arizona 2006) References Arizona Supreme Court. (2006). Juvenile justice flow chart. Retrieved May 19, 2007 Website: http://www. supreme. state. az. us/jjsd/jolts/FlowChart. htm Howell, J. C. (1998, January). NCCDs Survey of Juvenile Detention and Correctional Facilities. Crime Delinquency. Retrieved May 19, 2007 Website: http://law. jrank. org/pages/12936/Kent-v-United-States. html

1991: An Amazing Year! :: The Year 1991

History is replete with examples of the rise and fall of once great empires. December 1991 saw the end of a two super power world with the fall of the Soviet Union. In December, â€Å"as the world watched in amazement, the Soviet Union disintegrated into fifteen separate countries† (Cold War Museum). The United States was overjoyed as its enemy was, â€Å"brought to its knees, thereby ending the Cold War which had hovered over these two superpowers since the end of World War II† (Cold War Museum). The split of the Soviet Union made extremely large transformations in the world’s political and economic situation, which resulted in a reduction of global nuclear weapons, world economic cooperation, and the commercialization of once classified military technology. In Moscow on July 31, 1991, President Bush and Gorbashev, the leader of the Soviet Union, signed the START treaty to reduce nuclear weapons on both sides to 6,000—which was a 30-percent reduction of the previous amount being used. This was the first large-scale reduction of nuclear weapons in the history of the Cold War. As a result of this treaty, â€Å"The dangerous category of missiles with multiple independently targeted warheads (MIRVs) was reduced by half† (End of the Cold War). On December 25, 1991, Gorbachev resigned from presidency and the Soviet Union was officially broken up. All the former, â€Å"dependent republics within the old USSR proclaimed their independence, secured international recognition, and were admitted to the United Nations† (End of the Cold War). As a result of the strong working relationship between President Bush and Michael Gorbashev, as well as the relationship between Baker, the Secretary of State, and Foreign Minister Shevardna dze, the Soviet Union began to drastically reduce its military spending. This cooperation between Gorbashev and the West led to a backlash by the Soviet military and resulted in a failed coup attempt, which ended Gorbashev’s rule and resulted in the final collapse of the Soviet Union. Russia, no longer the Soviet Union, was now under a new leadership. Boris Yeltsin became the head of Russian republic and continued to integrate with the Western world. Russia took over the permanent seat on the United Nations Security Council and was invited to join the G-7 gathering of the world’s largest economic powers, therefore making it the G-8. This created a level of cooperation and communication between the two countries that did not exist during the Cold War.

Human Sexuality Essay

In a review of research on nonexclusive marital relationships, it was noted that swinging had received considerable attention in the 1970s and reported that an estimated 2 percent of the American population had participated. Most studies of active swingers emphasized overcoming initial anxieties and difficulties coping with strains to maintain the lifestyle successfully, but Denfeld also studied couples who had dropped out of swinging and entered counseling (1974). â€Å"The problems such as jealousy, guilt, emotional attachments, boredom and perceived threats to the marriage were common reasons for dropping out of swinging. Unfortunately, there has been no research on identifying the factors that differentiate couples who are satisfied with swinging form those who are not† (Rouse, 2002). The people we may call swingers are somewhat younger on the average than the mainstreamers, and many of them have brothers and sisters or parents who are mainstreamers. In due course, some of them will become mainstreamers, because it is hard to be a swinger when one gets older. However, some remain swingers longer than others, and many swingers later take another road than the mainstreamer one (Hannerz, 1969). Swingers are usually somewhere between the late teens and the middle thirties in age. This means that many of them have not yet married and started families on their own, so that familial obligations would naturally be less demanding in terms of time, money and emotional investments. But there are many swingers who are married and have children and who even so are not family-oriented. Of course, married men are more able to take part in the swinger life than are married women, as they can leave children and household affairs more readily in the hands of their spouses. However, some women manage to continue as swingers by leaving young children with the grandparents. Also, quite a few marriages are broken as one or both spouses prefer to continue the swinger’s life (Hannerz, 1969). Swingers typically spend relatively little of their free time just sitting around at home alone or with the family. Weekday nights and particularly weekends are often spent going visiting, whether one travels alone or in the company of a few friends. The spontaneous gatherings are not complete without gin, whiskey or beer and the talk involves joking, banter, reminiscences of past shared experiences, and exchanges about the trivia of the day such as football results, forecasts of coming boxing bouts and local grapevine items (Hannerz, 1969). It is true that many women get involved with swinging because their male partner encourages them. They often do it to explore their own bisexual desires. By being exposed to a sexually charged environment, they are encouraged to be more experimental and let go of the cultural conditioning that has made them deny their own desires. This may be why swingers often say that men get women into swinging, but it is the women who keep them in it (Taylor, 2007). Couples who are not in a Swinging Lifestyle will find it unimaginable to allow his or her partner to engage in recreational sex with another person, but for swingers it is considered a highly acceptable form of social recreation. Swinging couples have a strong enough relationship to allow the sexual pleasure of his or her partner, and take satisfaction from that pleasure instead of jealousy and concern. Many couples would benefit from embracing the relationship ideas from the Swinging Lifestyle. Swingers understand that it’s perfectly natural for their partner to be physically attracted to someone else and that it’s ok to share one another sexually without threatening their love for each other. They do not confuse love with lust as many couples do. The Swinging Lifestyle can be a new adventure that can actually bring a couple much closer together (Taylor, 2007). Couples who engage in the Swinging Lifestyle experience that in swinging is less time consuming and emotionally demanding than an affair. Moreover, it offers sexual variety and it is sexually educative. Swinging is honest and democratic, since both partners are involved. It is less dangerous with regard to losing a spouse than infidelity. Swinging, however, is not without its drawbacks. Swinging may result to lack of emotional closeness, which in return may inhibit enjoyment and/or performance. There is also denial of ego satisfaction, since the partner was obtained by being available rather than charm. A worried air may also occur since the spouse’s partner may be sexier and better looking and this may inhibit ability and enjoyment of the sex act. Philosophy involves having an affair only once with each new partner, therefore, there is an ongoing search for new partners can be fatiguing. Moreover, there is subliminal fear that swinging can lead to venereal diseases (Cargan, 2007). For those with an open mind swinging is all about having fun as a couple. Moreover, it’s a way for a couple to expand their horizons by agreeing that sexual encounters outside and inside the relationships are permissible. It is a way for a couple to be a couple while allowing and accepting individual desires and needs. Couples who swing explore their sexuality and fantasies. These couples can break the chains of jealousy and experience a more passionate and fulfilling relationship, as well as connecting on a deeper spiritual level. Swinging can give them the opportunity to grow as a couple, and as individuals (Bellemeade, 2003). References Bancroft, J. (2002). Human Sexuality and Its Problems. Elsevier Science Limited. Bellemeade, K. (2003). Swinging for Beginners. New Tradition Books. Breedlove, W. and J. Breedlove. (1984). Swap Clubs. Los Angeles: Sherbourne. Cargan, L. (2007). Being Single on Noah’s Ark. United Kingdom: Rowman and Littlefield Publishers, Inc.

Drivers License for Illegal Immigrants - 763 Words

14 March 2012 Driver`s License for Illegal Immigrants Should illegal immigrants be given a driver`s license in California? In the Sacramento Bee article â€Å"License battle resurfaces† by Jim Sanders on February 26, 2012, the author informs that Assemblyman Gil Cedillo tried again to grant driver`s licenses to undocumented immigrants which were vetoed by Republican Gov. Arnold Schwarzenegger years ago, but now Gil Cedillo wants to work with Democratic Gov. Jerry Brown on this issue that can â€Å"pass muster† because Latinos played a key role to help Brown get elected in 2010. In 2011, Brown signed the dream act to expand college financial aid for undocumented immigrants who have lived in California for years, so many Latinos cheered him. As a†¦show more content†¦They have all the rights that American citizens should have. Giving someone here illegally a driver`s license is much more than giving them the privilege of driving. It`s giving them the key to the kingdom. Accord ing to the article, the veteran GOP lawmaker said â€Å"Bad ideas seem to die slowly in the Capital.† I agree that the issue â€Å"Granting driver`s licenses to undocumented immigrants† is a bad idea. However, the issue supporters agree that California should allow undocumented immigrants to be licensed, tested, and insured. According to the article â€Å"Supporters say undocumented immigrants should be able to drive to work or take their children to school without fear of having their vehicles confiscated if they are stopped by police.† A lot of undocumented immigrants have lived in California for years. Their kids were born in America. They need a job to make a living, feed their family, and educate their kids. In America, no matter where you go, you need a car, so you have to drive every day. â€Å"Many undocumented immigrants drive now, but without licenses, insurance or state testing to ensure competence.† Therefore, Los Angeles Police Chief Charlie Beck told Los Angeles Times on last Wednesday that he is in favor of granting driver`s licenses to illegal immigrants. If this issue passes, all the illegal immigrants will need to get their driver`s licenses, buy their own cars, buy car insurance etc, so then that willShow MoreRelatedThe Real Id Act994 Words   |  4 PagesU.S. driver’s license. Congress said the Real ID Act is about security, not stigmas. The law was intended to set principles for states that issue licenses and to procure acceptable documents. However, due to budgets, there are not enough resources to verify the accuracy of these documents from foreign countries. 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