I have a scenario that I would like to get help with. It is for a class I am taking,I just need some guidance.
Question by Sherry L: I have a scenario that I would like to get help with. It is for a class I am taking,I just need some guidance.
As mentioned above I have a scenario I have to figure out for a class I am taking. The problem I am having is deciding what steps to take and the order to do them. also just exactly where to find what I am searching for like I know a minor can be charged with sexual assualt but like this can the person doing the assualt be charged if the person they are with is older and what if it is said to be consitual until the victim so to speak was caught then changed how they were acting. Well here is the scenario, help if you can .. thanks.
A twelve 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, to wit marijuana. In this incident the juvenile was caught in the act of sexually assaulting a fourteen-year-old female acquaintance by the victim’s sixteen-year-old brother, who had arrived home and observed the juveniles in the act. The twelve-year-old suspect juvenile, in addition to sexually assaulting the victim, had beaten her with the heel of a shoe that was nearby. The victim was almost unconscious when the police arrived. The police arrested and detained the juvenile and filed charges for aggravated sexual assault of a child and aggravated assault, and possession of a controlled substance.
The juvenile suspect was a “latchkey” kid from a single-parent home. His mother works from 2 PM – 11 PM Monday through Friday, so the juvenile is often alone for hours upon his return from school.
After a preliminary examination, the juvenile suspect explained that the victim purchased the marijuana and the alcohol earlier that same day. The juvenile explained that the victim had invited him to her house because they had “been liking each other” for a long time. Further, the juvenile explained that the alcohol and drugs were in the home when he arrived. He said that he and the victim began by smoking marijuana and drinking beer before they began kissing and fondling one another. Next, according to the juvenile suspect, they started to have what he described as consensual sex. After a short while they were interrupted by the victim’s brother, who had come home from work. The victim’s brother then called the police top report the incident.
The juvenile had prior detentions for violation of curfew, truancy, and attempted sexual battery. No further explanations are given.
Assignment: Look at the Scenario closely. First, look at this situation from the perspective of the police officer. What happens to this juvenile before he even goes to juvenile court? Do not use adult court terminology in your paper. Juvenile court has its own definitions for different procedures in court. Second, look at the situation from the perspective of the state attorney. What can he/she do for punishment or rehabilitation? Let this state attorney make suggestions to the court. Third, look at the situation from the perspective of the defense. What can he/she suggest for this child?
Finally, look at the situation from the perspective of the judge. What would be the most appropriate finding for the court? This decision will be based on facts and procedures discussed in the course. Do the decisions matter in this class? No. What I need to know is the procedure of the juvenile justice system. Did you learn how this system works? Cite any references used.
Best answer:
Answer by Windy
The juvenile is going to get off fairly easily because he is only 12. He most likely be put into juvie because he has priors and the seriousness of his current charges. CPS will step in and be involved but won’t be able to do much since the court will definitely put him in a detention center. He will be charged with rape, assault, battery, drugs, and anything else they can hopefully charge him with. He will most likely stay in juvie until he is an adult.
Unfortunately, I can’t do your homework, that would be too easy for you. I can give you a glimpse into the court system of a kid, though. Unfortunately, there aren’t enough rehab resources due to budget cuts. This kid will be made to look like a poor kid who’s mom works late, no dad, his role models were older kids, he was stoned, etc. But, his chances have run out. He will definitely get convicted and sent away.
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