CHST 3310: Children and the Law. 2 pages

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CHST 3310: Children and the Law. 2 pages


Teacher’s Requirements:

As a group, you will produce one 7 to 10 page, double-spaced, 12 point, Times New Roman font, paper regarding the same area of law and idea for reform that you presented on in class. Grammar and spelling count. Please cite your research. Speaking of research: Facts, ideas, and theories presented in lectures should be considered a starting point. Do not rely SOLELY on information provided in class. Further research into these areas is REQUIRED in order to do this project sufficiently. Citations required.

Papers are to be turned in via email no later than 6pm on December 18th. I should receive one email per group with the paper attached as a word document. All members of the group should be included on the email. Do not send via google docs or any other file sharing service.


My requirements for this essay, is that it is a group project essay. My part of the essay is to talk about the The Benefits and Reinforcements of Having a Lawyer Present With Child And Family Member. My group and I already made a power point and my part was put into the power point. The bullet points now need to be put into sentences with a bit more information .

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Justice System: Police Dept. By: Tracy E, Theresa P, Genevieve J-P, Chantel G Law Enforcement’s Role in the Juvenile Justice System ● ● ● ● ● ● ● The main purpose of law enforcement is to prevent, control, and deter crime and disorder to improve community safety. Police officers are the first juvenile justice decision-makers to encounter youth, as they are the first and most frequent legal authorities to respond to crime on the streets, in malls, in schools, and in homes. Given the environment within which youth crime occurs, usually two types of police officers interact with youths: Patrol Officers and School Resource Officers. Patrol or street-level officers are sworn officers assigned to patrol duties within the community. Patrol officers interact with youths for a variety of reasons, including traffic stops, accidents, or responding to calls for service. SROs may be responsible for patrolling the school, investigating criminal complaints, handling student rule/law violators, and minimizing disruptions during school or afterschool activities They are meant to be safety experts and law enforcers, problem solvers, liaisons to community resources, and educators. Interactions between Youth and Law Enforcement: Youth-initiated, Police-initiated, results in arrest, or youth being a victim ● ● ● ● Youth-initiated is considered voluntary and usually involves a youth reporting a crime or requesting police assistance for a non-criminal matter or for information such as directions. Police-initiated is usually involuntary and involves a police officer stopping a youth on the street or a youth who is driving or riding in a car. Youth being a victim is neither child abuse or neglect, violence in school or in the community, or of a property crime. They also becomes victims due to witness or been exposed to another person’s victimization such as in situations of domestic/family violence or community violence. Interactions between Youth and Law Enforcement ● ● ● Results in arrest are considered a smaller portion amongst all categories but they are separated between youths under age 18 and youth ages between 18 to 24. Youth under 18 make up a disproportionate percent of arrests in several crime categories, including index property crimes such as arson, burglary, larceny-theft, and motor vehicle theft; violent index crimes such as robbery; and offenses such as vandalism and disorderly conduct. Youths between 18 and 24 are considered adults, and this age group had the highest rates of arrest for drug law violations and violent crime. How Police Arrest and Prosecute Minors Starting at age 7, children can be arrested and go to court if they commit a crime, where the case is tried and how the child is punished depends on the child’s age, intent and past record. Children who commit crimes fall into four categories: juvenile delinquent, juvenile offender, youthful offender and adolescent offender. Up until October 1, 2019 youth ages 16, and 17 were tried as adults. New York’s ‘Raise The Age’ Legislature changed that after research showed prosecuting and placing children in adult criminal justice system did not work. 1. 2. 3. 4. A Juvenile delinquent is a child between ages 7 and 15 who commits an offense. ( All juvenile delinquency cases are tried in Family Court.Juvenile delinquents do not go to jail. Instead, the court decides if they need supervision, treatment or if they need placement through the local department of social services or the New York State Office of Children and Family Services. The criminal record is sealed, but can be seen by police and prosecutors. A juvenile offender is a child between ages 13-15 who commits a serious felony or violent act. They are seen in the juvenile part of the Supreme or County court. If convicted Juvenile offenders can be tried as adults. A Youthful offender is a child who can be treated as an adult for a serious crime between ages 13-17 but with the chance at having no criminal record. An adolescent offender is a 16 year old who commits a felony. Their case is heard in the youth part of the Supreme of County court. How Police Arrest and Prosecute Minors.. continued’ After arrest police have four options of what they can do to a child. Those are: 1. Release the child to the parent. 2. Release the child to the parent with a Family Court Appearance ticket. 3. Bring the child directly to Family Court or criminal court if the court is opened. 4. Bring your child to an ACS detention center for intake, if the Family Court is closed. Your child may be seen by Probation and be released to you, or your child may stay in detention and be transported to court on the next court day. When the Police Conducts Improper Questioning There are Lawsuits, and claims against police department What does the data show? Here is information from the CAP stat database. An updated search of court records may yield different results. ● ● ● Out of 307 lawsuits filed in which the plaintiff was identified as black, 96 were settled for a total of $7.6 million. Out of 55 lawsuits filed in which the plaintiff was identified as Latino, 16 were settled for a total of $1.2 million. Out of 238 lawsuits filed in which the plaintiff was identified as female, 74 were settled for a total of $2.2 million. When the Police Conducts Improper Questioning ● ● ● 72 lawsuits were filed citing “retaliation for recording”; 27 were settled for a total of $711,256. 48 lawsuits were filed citing the use of a “chokehold”; 21 were settled for a total of $846,001. 292 lawsuits were filed citing “tight handcuffs”; 106 were settled for a total of $2.4 million. The 75th precinct, which includes Brooklyn’s East New York neighborhood, was involved in the most lawsuits of any precinct: 91. The settlements totaled more than $9.1 million. These statistics prove the whooping billions it causes the department each year, and of course all of that money comes from the taxpayer’s pocket to settle these lawsuits. In order to avoid these deplorable consequences, we strongly recommend to the powers that be, a law must be passed, that states that every person being interrogated particularly children most have an attorney present during questioning. The Benefits and Reinforcements of Having a Lawyer Present With Child And Family Member ● Lawyers know the state laws, the local rules, rules of evidence, rules of procedure and probably what the judge likes. You could learn all of that yourself – should take awhile to do so. ● A lawyer knows enough to make a guess about how a case might get resolved during a trial. ● Fight to have you released from the juvenile detention center. ● File a motion if the police officer forced you to talk to him/her ● A lawyer, , can inform the court of the actual facts and can prevent your words from being twisted to meet the police’s agenda. ● Lawyer is there to protect your best interests, so if s/he feels you are being led into a trap, the lawyer can put a stop to it before you fall in. ● Help to get you assistance with counseling for yourself, your family members, both you and your family members, with drug/alcohol problems, and assistance with school References ● ● ● ● ● ● ● Development Services Group, Inc. 2018. “Interactions between Youth and Law Enforcement.” Literature review. Washington, D.C.: Office of Juvenile Justice and Delinquency Prevention. Rayman, Graham & Guse, Clayton (April 2019) “2,300 Lawsuits against Police: One Database to Search them all”. New York Daily News. Paybarah, Azi (2019). “Lawsuits against Police: Reasons for the Proliferation of Litigation in the Past Decade” New York Daily News -questioning/ New York State. (n.d.). Crimes Committed by Children Between 7-19. Retrieved from
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