Criminal Justice

Burt, a sixteen-year-old, consumes alcohol for the first time at a party. Unaware of alcohol’s effect, Burt drinks too much, attempts to walk home, and is cited for being drunk in public. In Burt’s state, the juvenile court has concurrent jurisdiction over minors ages seventeen and under, with a waiver to adult court available at the judge’s discretion. Burt has not broken any laws before. Based on this scenario, answer the following questions:

  1. Is it likely that the judge will waive juvenile court jurisdiction in this case and allow the adult criminal prosecution of Burt?
  2. Why or why not?
  3. In your opinion, should Burt’s case be handled in juvenile or adult court?
  4. Why or why not?

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Sample Answer

 

 

It is unlikely that the judge will waive juvenile court jurisdiction in Burt’s case and allow the adult criminal prosecution of Burt.

Here are some of the factors that judges consider when deciding whether or not to waive juvenile court jurisdiction:

  • The age of the juvenile
  • The seriousness of the offense
  • The juvenile’s prior criminal record
  • The juvenile’s amenability to rehabilitation within the juvenile system

Full Answer Section

 

 

Burt is sixteen years old, which is on the younger side of the age range for which juvenile courts have jurisdiction. The offense of being drunk in public is not particularly serious. Burt has no prior criminal record. Additionally, it is likely that Burt is amenable to rehabilitation within the juvenile system. He is a first-time offender, and he made a mistake due to a lack of knowledge about alcohol’s effects.

Based on these factors, it is unlikely that the judge will waive juvenile court jurisdiction in Burt’s case.

In my opinion, Burt’s case should be handled in juvenile court. Juvenile courts are designed to rehabilitate young people who have committed crimes. They have a variety of resources available to help young people, such as counseling, job training, and educational programs. Adult criminal courts, on the other hand, are designed to punish criminals. Young people who are sent to adult prison are more likely to become involved in crime again after they are released.

Here are some of the benefits of handling Burt’s case in juvenile court:

  • Burt would be more likely to be rehabilitated in juvenile court.
  • Burt would be less likely to become involved in crime again in the future if he is rehabilitated in juvenile court.
  • Burt would be able to avoid the stigma and consequences of an adult criminal record.

Here are some of the potential consequences of handling Burt’s case in adult court:

  • Burt would be less likely to be rehabilitated in adult court.
  • Burt would be more likely to become involved in crime again in the future if he is not rehabilitated.
  • Burt would have a criminal record, which could make it difficult for him to get a job, housing, and educational opportunities.

In conclusion, I believe that Burt’s case should be handled in juvenile court. Juvenile courts are designed to rehabilitate young people who have committed crimes, and they have a variety of resources available to help young people. Adult criminal courts, on the other hand, are designed to punish criminals, and young people who are sent to adult prison are more likely to become involved in crime again after they are released.

 

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