: Please respond to each essay question/case scenario in typewritten form. Make sure to answer each and every component of the question set. You can use your textbook and any lecture notes that you have taken in responding to the questions/scenarios. It is expected that your responses be your own work and not the result of a collaborative effort.
- Summarize the Marry Anne Crouse Supreme Court Case of 1838. Describe the events that precipitated the case. Delineate the verdict of the case. Then discuss the case’s impact on and significance for juvenile justice’s philosophy, protocols, and practices. What did the case mean for parental rights? What did this case mean for the rights of children in the juvenile justice system? How long did this verdict stand? Why would this case be troublesome to an individual right’s advocate? (7 points)
- Explain the differences between retributive approaches to juvenile justice and restorative approaches to juvenile justice. In your view, which of the two approaches is most congruent with the historical philosophy of parens patriae? Explain. In your view, which of the two approaches provides more justice for victims? Explain. (7 points)
- Jerry Roberts, a 15 year-old boy, developed a crush on his teacher who was single and lived alone. Jerry began asking the teacher if she would go on a date with him. The teacher told the boy repeatedly that he was being inappropriate. The boy then approached the teacher and tried to kiss her. He was immediately sent to the principle’s office. After that incident, the boy became reserved in class. A few nights later, the doorbell rings at the teacher’s house. She answers and sees Jerry at the door. She states, “Jerry you must go home, it is not right for you to be here.” Jerry pulls out a hunting knife and says, “You had no right to turn me away @#$%. Now you’re going to make Jerry happy.” He forced her into the house and raped her five separate times throughout the night. He then choked her until she fell unconscious. He then slit her wrists and placed her in the bathtub. The teacher’s mother stopped by the next day because they always went to breakfast in the morning. She had a key to her daughter’s house. When her daughter did not answer she went in. She discovered her daughter and called 911. The teacher was taken to the hospital and remarkably survived. She conveyed all of the details of the crime to the police. Because of the boy’s age, he was referred to the juvenile court. The judge was outraged by the brutality of the case. The parents demanded to know what their son, Jerry, was being charged with. The judge and juvenile court complied with their request verbally via telephone. At the end of the adjudicatory hearing, finding Jerry guilty by a preponderance of the evidence, the juvenile court judge sentenced Jerry to a secure detention facility until the age of 21. Jerry spent two weeks in the facility. After extensive evaluation, the juvenile detention administrators wrote the judge telling him that the boy lacked remorse and was beyond rehabilitation. Upon hearing the report, the judge ordered that Jerry be released from the detention facility and then unilaterally without a hearing remanded him to adult court. The adult court convicted Jerry of 5 counts of aggravated rape and attempted murder. The judge ordered that Jerry serve two life terms in Colorado’s maximum-security prison.
You have been retained by Jerry Roberts to represent him in filing appeals. The lower appellate court is willing to hear your case. On what grounds would you appeal Jerry Robert’s conviction? In your appeal, be sure to identify any and all applicable procedural requirements, court precedents, and/or judicial rulings that would support your appeal. Do you believe you will win the appeal? Why or why not? (7 points)
- Julia Schaeffer, a 13 year-old girl, was caught by her coach abusing prescription drugs in the locker room at her school. Upon reviewing the details of the incident, the principal of the school referred Julia to the juvenile court despite her parent’s pleas not to. Once before the juvenile court judge, the parents requested to know for what their daughter was being adjudicated. The judge rebuked the parents saying, “You should already know what your daughter is doing, and if you don’t then your indifference disqualifies you from knowing the charges.” Without a hearing, the juvenile judge immediately and unilaterally ruled that Julia serve two years in a juvenile detention center as punishment for her offense. The parents objected to the ruling demanding that their daughter receive a jury trial. The judge responded, “I don’t need to provide a jury trial in my state.” The parents also told the judge that their daughter should have been provided counsel when she was referred to the juvenile court. The judge replied, “Your daughter did receive counsel. She was assigned an officer from the probation department to represent her when she was referred to the court.”
The parents, infuriated, call your law office. They retain you as counsel to file appeals on their daughter’s behalf. The lower appellate court agrees to hear the case. In presenting your case to the appellate court, on what grounds would you make your appeal? In your client’s defense, be sure to identify any and all applicable procedural requirements, court precedents, and/or judicial rulings that would support your appeal. Do you believe you will win the appeal? Why or why not? (7 points)
- Ted Thompson was a 13 year-old boy who was caught vandalizing, painting gang graffiti on residential houses. He was brought before the juvenile court. Ted and his parents were notified, in writing, of the charges being levied against Ted. After a review of the boy’s social history, it was discovered that both his parents were drug addicts and that Ted had turned to gangs as a replacement family. He had dropped out of school and regularly drank and used drugs. The judge determined that Ted was likely to one day become a hardened criminal who would likely pose a “serious risk” and a “danger” to the community in the future. The judge proceeded to send Ted Thompson, his family, and his attorney written notification that a detention hearing was going to be held. The judge then held the detention hearing at which it was determined that Ted Thompson should be detained until his involvement in the offense can be determined at an adjudicatory hearing. The judge proceeded to send Ted, his family, and his counsel written documentation of his decision. Two weeks later, the judge held an adjudicatory hearing to decide whether Ted Thompson was involved in the offense with which he was charged. Ted was found to be involved. The judge then ordered a dispositional hearing to determine if Ted should be placed in juvenile detention until rehabilitated. The hearing was held and the judge ordered that Ted be placed in a juvenile detention facility for treatment. The judge then submitted into the court record a written delineation of the reasons for his dispositional decision.
Ted retains you as his attorney to file appeals on his behalf. The lower courts refuse to overturn the conviction. The case is accepted by the Supreme Court for review. On what basis would you appeal Ted Thompson’s conviction? In your defense, be sure to identify any and all applicable procedural requirements, court precedents, and/or judicial rulings that would support your appeal. Do you believe you will win the appeal? Why or why not? (7 points)