Discussions
Juvenile Justice
Question One
The arguments that could be made to avoid transfer to the adult court for a juvenile include that the client is a minor with close family attachments, the older friends, teachers, and counselors have provided statements to indicate their belief in the minor’s good potential, the minor was not having a thought process similar to an adult during the time of the offense the minor has the good moral judgment and has expressed remorse for the improper behavior (Bergman & Berman, 2018). Also, there are other minors in similar situations that have benefited from the juvenile court services, and it is also realistic to expect that the delinquent conduct of a minor will only improve from the services developed and tailored to meet the needs of a minor (Bergman & Berman, 2018). As a lawyer, one could also prove that the minor has not presented a substantial opportunity for rehabilitation. They are likely to suffer emotional and physical harm if taken through the adult system.
Question two
The pros of the state receiving funds from the federal government for juvenile justice include developing proactive programs that will help reform the juveniles to be better individuals (“Federalism: Pros and Cons”, n.d.). The funds will ensure that the juvenile correctional facilities have the right resources, including human counselors and teachers, to develop the individual holistically. A disadvantage to providing these funds includes states will always be put in competition with each other. While competition can be good in the long run such that these facilities will work to ensure that juveniles are taken care of, the stakeholders may lose focus of creating programs that work for their systems as they work on only being the first (“Federalism: Pros and Cons”, n.d.).
Question three
The primary role of policing is to serve the community through promoting public safety and upholding the rule of law (Mosteller, 2019). This ensures that each individual enjoys their rightfully granted liberty. Their activities are to be undertaken in a manner in which the rights of community members are protected, and they build positive relationships with the community (Mosteller, 2019). They need to avoid behaviors and tactics that encourage using excessive force against their people.
The advantages of community policing include building and strengthening the community considering the police will find the root causes of crime, among other issues within the neighborhood. Police will have more resources than they get from the community to prevent and handle crime, such as valuable information (Mosteller, 2019). The community provides an array of talent and resources to extend the severely strained police resources. The community also can formulate solutions that will work in their neighborhoods, vehicle changing or eliminating those that do not work.
The cons of community policing include that it only works with community involvement. Therefore, an established partnership between the police and community is a must characterized by trust and accountability. Therefore, this plan is long since establishing these relationships takes time, among other resources. Another con is that it requires the right person to head up the project. The right people will use the plan to improve the community and not advance their careers; the community policy programs can also be regressive considering that only homeowners within society get to be involved in the activities. For the policy to work, all persons need to be part regardless of one’s status, which can be challenging to bring all of them together.
References
Bergman, P., & Berman, S. J. (2018). The criminal law handbook: Know your rights, survive the system. No.
Mosteller, J. (2019, August 9). Role of police in America. Charles Koch Institute. https://www.charleskochinstitute.org/issue-areas/criminal-justice-policing-reform/role-of-police-in-america/
“Federalism: Pros and Cons.” (n.d.). Retrieved from https://dlc.dcccd.edu/ADA/UsGov/ADA_USGOVT_2305_L04-5_iyX3LLGwC.pdf
Discussion 2: Criminal Law
Question Two: Describe what the term “victimless crime” refers to and explain several current crimes that would apply and their elements are?
Victimless crime refers to crime where the perpetrator is not causing explicit harm to another individual (Little & McGivern, 2014). One example is prostitution which fosters abuse towards women by the clients or pimps. Another crime is illegal drug use that increases the possibility of employee turnover. Here, the perpetrators engaged in certain behaviors voluntarily and willingly despite the behaviors being a violation of the law (Little & McGivern, 2014). The person has used the illegal drug or hired herself as a prostitute willingly. However, the actions do carry the risk of harming oneself or another person. The elements here include voluntariness and the possibility of causing harm to oneself or other individuals or property.
Question 4: What are White Collar Crimes and give an example of an actual case. Explain how your example fits White Collar Crimes?
White-collar crimes are criminal actions that are typically non-violent and financially motivated, done by an individual of respectability and high social status in their work. The FBI that increasingly investigates these crimes indicated that the crimes are generally characterized if deceit, concealment, and violating trust (Hayes, 2019). The motivation of the crimes is obtaining or avoiding losing money, property, or services to secure an individual or business advantage.
Ponzi schemes are an actual example of a white collar crime as it involves pocketing investment funds instead of investing it (Meinke, 2020). The Ponzi scheme originator, an individual who exhibits being knowledgeable of financial markets, will persuade investors of a proprietary investment strategy. One assures the investors of regular returns depending on what they invest, and they can withdraw the initial investment at any time. However, the payouts typically come from new investors coming in, and hence if others do not invest, there will be no returns (Meinke, 2020). Typically, originators create reasons for not making payouts then run offers with the investments.
References
Hayes, A. (2019). White-collar crime definition. Investopedia. https://www.investopedia.com/terms/w/white-collar-crime.asp
Little, W., & McGivern, R. (2014, November 6). Chapter 7. Deviance, crime, and social control – Introduction to sociology – 1st Canadian edition. https://opentextbc.ca/introductiontosociology/chapter/chapter7-deviance-crime-and-social-control/
Meinke, H. (2020). What is white-collar crime? Three infamous examples. Regionally Accredited College Online and on Campus | Rasmussen College. https://www.rasmussen.edu/degrees/justice-studies/blog/white-collar-crime/
