Facts: In June of 1999 Jessica Gonzalez had her husband served with a protective order during divorce proceedings. The protective order stated the husband must stay 100 feet from the estranged wife and 3 young female children. It allowed for preannounced visitations and predetermined weekend custody. On several occasions the husband picked the children up without notice returning them late in the evening. Jessica reported each incident to the Castle Rock Police Department. The officers failed to respond to the calls telling Jessica to wait until the children were returned. The last time the children were taken without notice Jessica went to the police…
Facts of Case: Offender MacLaughlin started a legal claim, affirming that the County's routine of consolidating arraignment with a determination of reasonable justification for individuals subject to warrantless arrest was not adequately provoke under the Fourth Amendment. By and large, arraignments must be held inside forty-eight hours of arrest. Notwithstanding, weekends and holidays were excluded as days. However, an individuals who was arrested on a Friday could spend up to a week in jail before arraignment…
Mr. Miranda appealed his conviction to the Supreme Court of Arizona. The Supreme Court of Arizona found that Mr. Miranda was fully aware of his constitutional rights, and his conviction was affirmed. Mr. Miranda appealed the Supreme Court of Arizona’s decision to the United States Supreme Court.…
In 1963 Clarence Earl Gideon presented himself in front of the Supreme Court. Gideon had been indicted for breaking and entering; after defending himself in his preliminary trial he was sentenced to five years in prison. During his time in jail, Gideon did some research on law and wrote an appeal to the Supreme Court. Gideon’s request of representation was on behalf of the due process clause of the Fourteenth Amendment. The court decided to put the case on trial; it related back to the Betts v. Brady case of 1942. Unlike Betts v. Brady’s 6-3 ruling in which Betts had lost, Gideon won the case with an astounding 9-0 majority. The main issue of the case centers on proper representation of the defendant. In order for the reader to fully understand the scope of the case, he or she needs to consider Betts v. Brady.…
Appellants' 15-year-old son, Gerald Gault, was taken into custody as the result of a complaint that he had made lewd telephone calls. After hearings before a juvenile court judge, Gerald was ordered committed to the State Industrial School as a juvenile delinquent until he should reach majority. Appellants brought a habeas corpus action in the state courts to challenge…
Instead Humes proves that the ineptitude of the court system can only be fixed once everyone in the system has the same goal and is willing to put aside all outside factors such as race or relation in order to fulfill the courts original wish, to rehabilitate and heal. I thought that the book No Matter How Loud I Shout was enjoyable to read as I hope to have a job in the juvenile judicial system as a Court Appointed Special Advocate for children. However, for a reader with no prior knowledge about the juvenile court system, can be widely confusing due to the use of judicial jargon and little background information. For a reader with enough judicial knowledge the book provides an aggravating look into the flaws of the court system and how it affects today’s…
Edward Humes is a Pulitzer Prize-winning journalist, non-fiction, and true crime writer. Of his twelve books, five involve the criminal justice system. In this work, Humes takes on the sizeable task of examining the complicated juvenile justice system, chronicling the stories of several juvenile offenders and juvenile justice officials, and how they navigate the confusing and often arbitrary laws of the California juvenile justice system. Humes delivers an informative, eye-opening, and often dispiriting account of what goes on in the halls of America’s juvenile courts and correctional facilities.…
Les Grands Seigneurs Men were my buttresses, my castellated towers, the bowers where I took my rest. The best and worst of times were men: the peacocks and the cockatoos, the nightingales, the strutting pink flamingos. Men were my dolphins, my performing seals; my sailing-ships, The ballast in my hold. They were the rocking-horses Prancing down the promenade, the bandstand Where the music played.…
Thesis statement: This case of the Shermans v. Church of the Divine Light. According the case, the Shermans claim that their minor child has been the victim of illegal detention and intentional infliction of emotional distress and among other torts. They seek to be compensated for all the damages that such detention have brought to their minor child as well as the medical and other expenses they incurred in getting him away from the church and “bringing him” from their intentional “brainwashing” of their minor child.…
Case In re Gault 287 U.S.1 1967 (Facts and Brief Summary-In re Gault). Gerald Jerry Gault, a fifteen year old juvenile, who was already on probation was arrested and placed in a Children Detention Center. He was accused by his neighbor of making obscene telephone calls. At the time of his arrest he was with a friend who had stolen a wallet out a woman’s purse. Also, at the time of Gault’s arrest his parents were at work in which officers did not notify them of their son’s arrest. Therefore, a working parent became a worried parent when she returned home and her son was not home. Gault’s mom had sent his older brother in search of him. That is when she had founded out, her son and his friend was arrested through a family member of his friend.…
The U.S. Supreme Court has recognized that juveniles have many of the constitutional due process rights afforded adult defendants: the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. In re Gault, 387 U.S. 1 (1967). Juveniles also have the right to have the alleged offense proven beyond a reasonable doubt. In re Winship, 397 U.S. 358, 368 (1970). The North Carolina Juvenile Code provides additional statutory rights to juveniles, such as the right to have a parent present during in-custody interrogation, the presumption of indigency, and confidentiality of juvenile court records. G.S. 7B-2101(a), -2000(b), -3000(b). The principal rights are discussed in this chapter, although it is not intended to be exhaustive.…
In Re Gault was the Supreme Court’s “first foray” (Dorsen) into the rights of minors as decided by the Constitution. Fifteen year old Gerald Gault was taken into custody for making lewd comments to a neighbor, over the phone. His parents were not notified and he was not given access to an attorney. He was not notified of his right not to self-incriminate and was eventually convicted as an adult and sentenced to jail until age 21. If he had been tried as an adult, it would have been a misdemeanor. Before this case it was considered that minors had no rights until they turned 18 and were legally considered an Adult. "Under our Constitution the condition of being a boy does not justify a kangaroo court. …Due process is the primary and indispensable foundation of individual freedom. It is the basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise…." (Fortas). The supreme court definitely interpreted the constitution correctly because the constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This is saying that juveniles accused of a crime must have the same…
d Donald Marshall Junior, a young Mi’kmaq man, was arrested and wrongfully convicted of murdering Sandy Seale, a local black man in 1971. He spent 11 years in prison before being acquitted of his charges. It was because of the faulty and negligent police work that a seventeen year old was to be imprisoned for the next 11 years of his life. Due to their incompetence, not only was a young man sent to jail, but the perpetrator roamed free. It was in 1982 that the case was reopened by Marshall’s new lawyer, Stephen Aronson.…
Based on the limited facts, the Johnson Superior Court should, at the least, modify the Agreed Entry between the parties that, among other things, granted Catherine McHugh (hereinafter the “grandmother”) visitation of the minor child Christopher A. Cronin (hereinafter the “child”). There is an issue as to whether the grandmother is entitled to visitation rights to the minor child and whether the bad relationship between the Alice Cronin (hereinafter the “mother”) and grandmother is a consideration in determining the child’s best interest.…
Gaudio, Christina M.; retrieved on April 6, 2015 from; Family Court Review. Jan2010, Vol. 48 Issue 1, p212-227.…