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Written by Susan Chen
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Wednesday, 23 April 2008 13:36 |
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In this high paced and sometimes detached world, many children are often neglected by parents and society and left to fend for themselves. These kids fall through the cracks of society and feel left out of their peer groups. The unfortunate result is that many often start running with the wrong group and running afoul of the law.
When a child between the ages of ten and eighteen commits a crime, the act is described in legal term as delinquency and the matter is resolved through the intervention of the juvenile court. Because of the tenderness of the child's age, these cases are treated and resolved differently. The lawyer also cannot afford to treat these juvenile delinquency cases like he or she would any other usual crime case involving an adult: - Juvenile delinquency is a delicate matter, yet it is an issue that calls for special knowledge and expertise.
- The juvenile lawyer needs to be empathetic and understanding towards the child as he or she acts and behaves differently from other children of his age.
- He should have good working knowledge of child psychology in order to be of any help to the child.
- When a child commits a crime, it becomes the responsibility of the lawyer to get to the root of the child's problems and to weed out any factors in the child's environment and relations that had any role, direct or indirect, in turning the child into a delinquent.
- Sometimes the stress of committing the crime may numb the child's senses internally and he may often withdraw within himself after having committing the crime. In this case the role of the lawyer is of utmost importance:
- The lawyer must have a special ability to find his way into the deepest point of the child's heart and mind.
- Juvenile lawyers are specially trained to bring to light the background and circumstances that prompted the child to commit crime.
- In an effort to bring the child out of his shell and to open up, the lawyer can seek the help of doctors and child psychiatrists. This helps the lawyer to gather the missing links in order to put all the pieces of the puzzles together.
- The juvenile lawyer must be very transparent in his presentation. He must be extremely logical in recreating the sequences that led to the crime.
It has become a strong concern among leading sociologists in the USA about the increasing number of child delinquency cases. Generally the delinquent child is exposed to an unusual environment that molds his mind and behavior in an abnormal and often socially unacceptable way. So the emotional aspect of the child has to be focused upon in order to understand the child's motive or trigger for committing the crime. Thus ultimately it rests in the hands of the lawyer to draw the sympathy of the jury in order to acquit the child or to be more lenient. The end goal of the lawyer in these cases of juvenile delinquency is to frame the case in a manner that the child is not susceptible to strong legal actions. It has become a strong concern among leading sociologists in the USA about the increasing number of child delinquency cases. Generally the delinquent child is exposed to an unusual environment that molds his mind and behavior in an abnormal and often socially unacceptable way. So the emotional aspect of the child has to be focused upon in order to understand the child's motive or trigger for committing the crime. Thus ultimately it rests in the hands of the lawyer to draw the sympathy of the jury in order to acquit the child or to be more lenient. The end goal of the lawyer in these cases of juvenile delinquency is to frame the case in a manner that the child is not susceptible to strong legal actions. Article Source |
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Last Updated on Sunday, 22 February 2009 06:22 |
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Definitions
Acquittal - A discharge or release which takes place when the judge or jury, upon trial finds a verdict of not guilty.
Arraignment - A hearing at which the defendant is formally notified of the charges against him and at which time a plea of not guilty, guilty, or no contest is entered. If a not guilty plea is entered, the case is given a trial date.
Bail - An amount of money set by the police or court which must be posted or pledged before an accused may be released from jail, to assure the person’s presence in court.
Bench Warrant - A written court order directing the police or the sheriff to arrest a person who has failed to appear at court, failed to follow a court order, or has been indicted by the Grand Jury for a crime.
Contempt - Willful disobedience to or open disrespect for a court or judge.
Defendant - A person arrested and charged with committing a crime.
Deferred Acceptance - Deferred Acceptance of Guilty Plea (DAG) or Deferred
Acceptance of No Contest Plea (DANC) - A pretrial procedure under which acceptance ofa plea of guilty or no contest may be postponed and the defendant eventually discharged without a judgement of guilty, upon successful completion of terms and conditions set by the court.
Dismissed - The court can dismiss the charges (the person was not actually found to be “not guilty.”)
Felony - A serious crime, as opposed to a misdemeanor; the distinction is often made in terms of the applicable punishment, felonies being punishable by more than ayear in jail.
Grand Jury - A jury of men and women made up of sixteen people who determine if there is probable cause to believe that the defendant committed the crime.
Indict/Information - To formally accuse in writing.
Misdemeanor - A crime with a punishment of no more than one year in jail.
No Contest or “Nolo Contendere” - A Latin phrase meaning “I will not contest it”; a plea which has a similar legal effect as pleading guilty. A defendant may plead nolo contendere only with consent of the court. The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based on the same acts.
Penal Summons - An official complaint with court date set.
Plea - A defendant’s answer to a charge filed against him (guilty, not guilty, no contest)
Preliminary Hearing - A proceeding in which the judge determines to whether there is probable cause to believe that the defendant committed the crime.
Probable Cause - A reasonable belief which supports that a defendant did actually commit the crime.
Prosecutor - A lawyer who represents the State in criminal proceedings responsible for bringing the accused to justice.
Released - After arrest, the defendant may be released with no charge, or releasedpending investigation.
Sentencing - After a defendant pleads guilty to a crime, or is found guilty of acrime after a trial, sentencing is the time when the court decides what punishment togive to the defendant.
Trial - A proceeding at which evidence is presented to a judge or jury who thendecides whether the defendant committed the crimes charged.
Verdict - The formal decision or finding made by a judge or jury.
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