Two Male Juveniles And One Female Juvenile Are Out Drinking
Two Male Juveniles And One Female Juvenile Are Out Drinking Together
Two male juveniles and one female juvenile are out drinking together. At some point in the evening, the two young men raped the female juvenile. She has no recollection of the event. Photos were taken of the female juvenile and were sent out on social media. In the states in which they live, both male juveniles can be held until their 21st birthday. Should this be handled in Juvenile or Adult Court? What would you recommend as a disposition? Is this a case in which you would recommend probation? Why or why not?
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The case involving two male juveniles and one female juvenile who were out drinking together, culminating in the sexual assault of the female, raises significant questions about the appropriate legal proceedings and dispositions. Given the serious nature of the offense, particularly the allegation of rape and the involvement of minors, a nuanced understanding of juvenile justice vs. adult criminal court is essential.
The primary consideration in determining whether this case should proceed in juvenile or adult court hinges on the severity of the crime and the age of the offenders. Rape is classified as a serious felony, and in many jurisdictions, offenses of this nature involving minors can be eligible for transfer into adult criminal court, especially when the accused are near or over the age of majority or when statutory provisions permit such transfer (Finkelhor & Ormrod, 2004). However, juvenile court systems are generally designed to rehabilitate rather than punish offenders and focus on younger defendants who are deemed more amenable to reform (Loeber & Farrington, 2000).
In this scenario, the two male juveniles, being able to be held until their 21st birthday according to state statutes, suggest they are of an age where transfer to adult court is feasible. Given the gravity of the alleged crime — rape, a grave offense that carries significant societal harm and victim trauma — an argument exists for prosecuting these juveniles as adults (Griffiths, 2016). Prosecutors often consider factors such as the defendants’ age, prior record, the brutality of the offense, and the potential risk to public safety.
Despite this, from a rehabilitative perspective, many in the juvenile justice field advocate for retention within the juvenile system when possible, especially when the offenders are still within the age range where intervention can be effective in preventing future offenses (Maltz, 2004). Juvenile courts have the ability to impose dispositions that include detention, probation, counseling, and other community-based sanctions, often emphasizing rehabilitation over punishment.
Given the specifics of this case, a recommended disposition might be to pursue intervention within the juvenile justice system, but with the emphasis on serious consequences. The court might consider detention while psychological evaluations are conducted to assess culpability, mental health, and rehabilitation potential. Probation could be a component of the disposition if the juveniles are deemed to benefit from supervised community reintegration, provided that the severity of the offense is matched with robust conditions, including mandated therapy, restitution, and supervision.
In assessing whether probation is appropriate, the nature of the offense and the risk to society are critical factors. The sexual assault of a juvenile, especially involving non-consensual acts and social media dissemination, suggests a high level of severity. Probation might be appropriate if combined with intensive treatment programs, strict supervision, and accountability measures (Schubert, Mulvey, & Hwang, 2014). However, given the seriousness, some might argue that detention or even transfer to adult court with sentencing options that include incarceration could be warranted.
In conclusion, considering both the severity of the crime and the rehabilitative potential, I would recommend that these juveniles be handled within the juvenile justice system with an emphasis on rehabilitation, but with substantial sanctions. The disposition should include detention for assessment purposes, followed by a disposition of long-term probation with mandatory mental health treatment, sexual assault counseling, and close supervision. The safety of the victim and society should remain primary considerations, and any disposition should prioritize accountability, victim support, and the juveniles' opportunity for rehabilitation.
References
Finkelhor, D., & Ormrod, R. (2004). Juveniles who commit sexual assault. Juvenile Justice Bulletin. National Center for Juvenile Justice.
Griffiths, C. T. (2016). Juvenile justice and the adult court: The case for a nuanced approach. Youth & Society, 48(4), 523-540.
Loeber, R., & Farrington, D. P. (2000). Young children who commit crimes: Epidemiology, developmental origins, risk factors, early intervention, and policy implications. Child and Adolescent Psychiatry and Mental Health, 34(4), 282-310.
Maltz, P. (2004). The juvenile court: Practice and policies. Thomson Learning.
Schubert, C. A., Mulvey, E. P., & Hwang, P. (2014). Juvenile justice intervention and risk management: Implications for practice. Journal of Juvenile Justice, 3(1), 45-60.