Juvenile Detention

Paper Summary:

This paper examines the arguments for and against the detention of a young offender. The case in question is one in which a 12 year old male was detained on the following charges: attempted sexual assault of a minor; aggravated assault: minor in possession of an alcoholic beverage; and unlawful possession of a controlled substance, marijuana. The author tells us that the juvenile was caught in the act of sexually assaulting a 14 year old female acquaintance by the victim's 16 year old brother, who had arrived home and observed the act. The 12 year old suspect had also beaten the victim with the heel of a shoe. The juvenile was arrested and charged with aggravated sexual assault of a child and aggravated assault and possession of a controlled substance. The paper describes the background of the defender and, the circumstances under which he lives. The author describes all of the laws that apply to juvenile defenders. In conclusion, the author points out that a case like this is presented by both sides and, taking the laws and jurisdictions into consideration, the case would then be decided.
Table of Contents
Introduction
Argument in favor of taking the delinquent into custody.
Argument for the release of the delinquent
Final decision

From the Paper:

"Another point that can be given in favor of this case is that the court first thoroughly studies the case and only then gives its final decision. Thus, if the court feels that it is not safe for the child to remain at home then it places the juvenile in a foster home or any out-of-home placement. It is the juvenile court's responsibility to rehabilitate the minor when he poses a danger to the common public and hence the court has the right to take any protective measures. As one of the articles says "once juvenile court has jurisdiction over a delinquent minor, its jurisdiction may be extended until the youth's 21st birthday, or, in a small number of cases, until age 23" (Protecting the Welfare of Minors, p.1)."

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