Law Homework Help
College of Mount Saint Vincent System of Juvenile Justice Discussion
Instructions:
This discussion will be completed in two parts and will give you an opportunity to reflect upon this week’s content and to interact with your classmates.
Part 1 – Post your initial response to the discussion questions.
Part 2 – Post substantive feedback to two (2) classmates.
- Review and discuss the following case. What is the approach that should be used to deal with the increased violence in the juvenile justice system? Is the current system sufficient to deal with violence or should we use the adult system to deal with violent offenders? Discuss how the philosophy of parents patriae works or doesn’t work with these offenders. Use the text to inform your discussion. Do not rely solely on your personal opinion.
- Boy, 16, who killed his parents after an argument over school suspension to be tried as an adult
Moses Kamin allegedly admitted killing his adoptive parents after police found their bodies
He is being tried as an adult due to the seriousness of his crimes
Defence have tried to get trial moved to juvenile court
- Teenager pleaded not guilty to the murders
- By Sam Adams A 16-year-old boy accused of strangling his adoptive parents and hiding their bodies in the family car is to be tried as an adult, a judge has ruled. Karate black belt Moses Kamin allegedly admitted to killing his parents – Robert Kamin, 55, and Susan Poff , 50, after officers discovered their bodies in Oakland, California. Judge Morris Jacobson of Alameda County Superior Court has ruled their is enough evidence to hold the teenager – who was 15 at the time of his parents’ deaths in January – over for trial. The youngster is being held without bail and is scheduled to return to court on October 3, the San Francisco Chronicle reports. Moses Kamin, of Oakland, California, entered a not guilty plea in Alameda County Superior Court earlier this year. He apparently admitted strangling his mother first with his hands and then some type of ligature during the argument.
- When Mr Kamin came home later that evening, the teen came up behind him and strangled him as well, prosecutors claim.The couple’s bodies were found hidden under blankets in the back of the family’s car parked outside their house near Lake Merritt, which investigators believe Kamin had tried unsuccessfully to set ablaze.Police went to the Kamin house after their employers reported they did not show up for work. They were both civil servants.Kamin was arrested for their murder after police discovered the couple’s bodies in the car – and held at the Alameda County Juvenile Justice Center in San Leandro.
- A videotape of the boy’s statement to police was played during his preliminary hearing,’ reports the Chronicle. His attorney, Assistant Public Defender Drew Steckler, tried unsuccessfully to have the judge throw out the videotaped statement on the grounds that his client did not understand his legal rights, according to the newspaper. Mr Steckler is reported to be planning to appeal that decision and to have the case transferred to Juvenile Court.
Following his arrest, colleagues of the couple told the San Francisco Chronicle that the couple had been having problems with their son, who they believed was spending too much time in the Occupy Oakland camp. Occupy Oakland is allied with New York City’s Occupy Wall Street and other protests like Occupy San Francisco and Occupy San Jose.Co-workers mourned the well-known couple after news of their murders became public. Mrs Poff’s boss called her death ‘a terrible loss’. Joshua Bamberger told the Oakland Tribune: ‘I’ve never met anyone who lived with as little ambivalence about making the world a better place.’
Mrs Poff, who attended UC Berkley, and Mr Kamin, a graduate of Stanford University, met through friends. The couple adopted in 2002 because they were unable to have their own children, Robert Kamin’s brother Bruce told the Chronicle. They had recently moved to the area and were in the middle of renovating their house.
Unfortunately when it comes to juveniles in the criminal justice system, I feel they are severely lacking. When kids commit crimes of serious nature, then they should be punished for those crimes, just as an adult would be. However, I think the punishments need to be looked over and adjusted for our society today. When juveniles commit crimes and do not get harsh punishments for them, I feel it gives them the idea that they can go out and commit these crimes with no real serious consequences. They have juvenile halls/boarding, probation, classes, and counseling that should be available in all cases. I think juveniles, when committing crimes, are not fully aware of what the consequences truly are. They are not fully aware how the world works. Let alone fully aware of what their actions can do r how they can harm themselves and others. I believe when it comes to juvenile cases, we need to factor in all of the issues. Did they child come from a broken home, have a bad home life, were they constantly in trouble at school, where did the issues arise and so on. I don’t believe children fully have the capacity to under the laws and how things really work I feel they react in the heat of the moment and passion without thinking things through toughly. Then when it comes time to pay the price for the crimes it doesn’t sit well because they just don’t understand. I feel we need to implement more programs for juveniles. Things that will help them to continue on a path to graduate high school, personal and family counseling sessions, activities that will engage them and keep them focused, and set goals for them so they will have something to look forward too. I also belive that if the crimes are serious violent crimes or premeditated then the solution of trying them as adults or sending them to adult prison should absolutely considered. Yet, if the child did not commit serious violent crimes or is just a repeat offender for petty crimes then the counseling should pay a big part. We need to help to rehabilitate these young kids to help set them up for a better future.In the text it speaks about parents patriae which is described as the government, or any other authority, regarded as the legal protector of citizens unable to protect themselves. Also, the principal that political authority carries with it the responsibility for protection of citizens. The State is to act as a substitute parent to a child whose parents, for one reason or another, cannot properly raise the child. I don’t personally feel that this is always the best option for the child or young adult. AIve watched a lot of kids come into these types of scenarios and end up staying in the system and becoming repeat offenders. Unfortunately, the systems they have put in place to help these kids actually fails them most of the time. Such an unfortunate occurrence if you ask me.
This one Unfortunately when it comes to juveniles in the criminal justice system, I feel they are severely lacking. When kids commit crimes of serious nature, then they should be punished for those crimes, just as an adult would be. However, I think the punishments need to be looked over and adjusted for our society today. When juveniles commit crimes and do not get harsh punishments for them, I feel it gives them the idea that they can go out and commit these crimes with no real serious consequences. They have juvenile halls/boarding, probation, classes, and counseling that should be available in all cases. I think juveniles, when committing crimes, are not fully aware of what the consequences truly are. They are not fully aware how the world works. Let alone fully aware of what their actions can do r how they can harm themselves and others. I believe when it comes to juvenile cases, we need to factor in all of the issues. Did they child come from a broken home, have a bad home life, were they constantly in trouble at school, where did the issues arise and so on. I don’t believe children fully have the capacity to under the laws and how things really work I feel they react in the heat of the moment and passion without thinking things through toughly. Then when it comes time to pay the price for the crimes it doesn’t sit well because they just don’t understand.I feel we need to implement more programs for juveniles. Things that will help them to continue on a path to graduate high school, personal and family counseling sessions, activities that will engage them and keep them focused, and set goals for them so they will have something to look forward too. I also belive that if the crimes are serious violent crimes or premeditated then the solution of trying them as adults or sending them to adult prison should absolutely considered. Yet, if the child did not commit serious violent crimes or is just a repeat offender for petty crimes then the counseling should pay a big part. We need to help to rehabilitate these young kids to help set them up for a better future.In the text it speaks about parents patriae which is described as the government, or any other authority, regarded as the legal protector of citizens unable to protect themselves. Also, the principal that political authority carries with it the responsibility for protection of citizens. The State is to act as a substitute parent to a child whose parents, for one reason or another, cannot properly raise the child. I don’t personally feel that this is always the best option for the child or young adult. AIve watched a lot of kids come into these types of scenarios and end up staying in the system and becoming repeat offenders. Unfortunately, the systems they have put in place to help these kids actually fails them most of the time. Such an unfortunate occurrence if you ask me.
This is the second one When dealing with juveniles the justice system has a lot to take into consideration. Ideally, the general population wants juveniles to have second chances and to not always be tried as an adult as the adult justice system can be viewed as more harsh, but at the same time there is also the consideration of if they let a juvenile go without punishment for a violent crime then that enables more juveniles to commit the same crime as they see there is no real punishment for it. More often than not, it is argued that the adult just system does more damage than good to juveniles that are charged because it takes away their opportunities at a young age by giving them a criminal record and setting them back from their peers as they essentially have to “press pause” on learning and development. For juveniles closer to the legal adult age or that have committed serious, violent crimes then the adult system should be used because 1) they may not be fully developed, but they are at the age to know what is right and what is wrong and 2) letting a juvenile go that did something of such a serious nature is allowing them to get away with it.In less violent and serious circumstances I do believe it is important to do what you can in order to keep a juvenile out of the adult system as well as out of juvenile detention centers as it does limit their opportunities but also evaluate each situation as its own and take into consideration whether they have repeatedly committed the same crime, the seriousness, their situation, and their age. In some cases, juveniles raised in households where there is instability or violence learn that it’s a normal way of life and simply getting them help or put into a more stable situation can make a world of difference. This kind of goes into the parent patriae as it is the point when the government or other authority is considered the protector of citizens unable to protect themselves, and essentially in a juvenile case, steps into the parental role. Most times this means placement into foster care or getting a juvenile counseling or schooling, but it can easily sway that individual towards a better way of life.
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