Juvenile Law Case

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 outweighe

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court will, therefore, take into consideration that Manuel has never needed rehabilitation before. Finally, the court is empowered to consider other extenuating and mitigating circumstances that relate to the above factors. Thus, the court will consider that Manuel comes from a caring, intact family who will likely play a supportive part in his rehabilitation. 3. What will be the likely outcome of Manuel's case? Manuel's case should probably go to trial. Cristina's allegations are serious but there are also serious questions about her credibility. Her story has changed each time she tells it, but rape is a traumatic incident that could possibly account for her different stories. It may just be that her memory improves the further removed from the incident she becomes. Manuel maintains that the sex was consensual, the issue therefore becomes one of credibility. This is an issue for the fact-finder, which in juvenile court is always the judge. Manuel's defense attorney should press the case to trial and allow a judge to weigh Manuel's credibility against Cristina's. 4. Assuming that Manuel really raped Cristina, what theory of delinquency do you think might best explain his actions? There is nothing to indicate that M
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Approximate Word count = 1385
Approximate Pages = 6 (250 words per page)

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