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Juvenile Law Case

Juvenile Law 1. Is Manuel likely to remain in custody until his case is resolved?

Manuel is not likely to be detained until his case disposition. As Kratcoski & Kratcoski (1996, p. 263) note, the National Advisory Committee for Juvenile Justice and Delinquency Prevention looks at five factors to determine when a juvenile should be detained during the course of his or her case. Manuel does not meet four of these criteria.

First, Manuel is not a fugitive from another jurisdiction. Second, he has not requested protection in writing. Third, he is not charged with murder. Fourth, although he is charged with a serious crime of violence that would be a felony in adult court, he is not also already detained or on conditional release with another delinquency proceeding nor does he have a demonstrable recent record of willful failures to appear, violent conduct or adjudications. The only possible factor that might apply to Manuel is that there does exist a less restrictive alternative to in-custody detention. In particular, he could be held on home detention. But, given that Manuel does not meet any of the other four factors, it is unlikely that the court will keep him in any form of detention.

2. Will Manuel's case remain in juvenile court? Or will it go to superior court where he will face charges as an adult?

Manuel's case will remain in juvenile court. Essentially, the factors that weigh in favor of transferring the case to adult court are significantly outweighed by the factors that support keeping the case in juvenile court. First, rape is one of the offenses listed in California Code section 707(b) that could make an alleged offender unfit for juvenile treatment. This factor weighs in with sections 707(A) and (E) which requires the court to consider the degree of criminal sophistication exhibited by the juvenile and the circumstances and gravity of the offense alleged. Manuel is alleged to have picked up Cris...

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Juvenile Law Case. (1969, December 31). In LotsofEssays.com. Retrieved 22:12, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1702739.html