Navigating Juvenile Justice: The Case of Xander L - Paper Example

Introduction

Juvenile delinquency has been a serious problem in today’s society. Teenagers choose to engage in criminal behaviors and traits for various reasons. As a mitigation effort, parents, close relatives, society at large, and the government take measures to reduce or regulate the trend. They do so by focusing on healthy living conditions and instilling norms and values to teach teenagers. Understanding the Juveniles’ conceptualization of crime forms the basis of dealing with the deviant behaviors amongst the group, thereby establishing the processing of juvenile offenders right from the moment of arrest to rehabilitation and blending back into society. As such, the arrest and processing of juvenile offenders significantly differ from those of their adult counterparts. A critical examination of the steps from arrest and intake, to court processing, including sentencing, reprimand, or rehabilitation, is a vital course. Therefore, the paper seeks to analyze this process concerning Xander L’s case study.

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Process after Arrest

Xander L is a juvenile as he is only 17 years old. The arrest process applicable in the case is that of a teenager. Since Xander is a juvenile, he has some privileges that do not apply to adult offenders. For instance, in the state of California, being a juvenile offender will mean that Xander will have some privacy advantages. Thus, the law enforcement involved will arrest him but will not disclose his full identity, including the second name to the general public. The police officer involved in the case will arrest Xander and make foundational investigations on the case by asking a couple of relevant questions. Miranda's warning is vital despite the age and the level of information the juvenile might have about their rights. Additionally, the questioning of the juvenile while in police custody may necessitate the presence of a close relative adult, or parents. Xander is an offender having been accused of having a concealed weapon. The officer has the legal right to arrest the juvenile and file an arrest report to formalize the process. Xander pled guilty to having possession of the concealed weapon, thereby violating the law of the state of California. According to Champion et al. (2013), teens demonstrating violent behaviors or those who are persistent lawbreakers are, in most cases, subject to detention. Judging from the previous arrest history of Xander and his current criminal act of possessing a concealed weapon, the law enforcement officer will have him detained. In that case, Xander will have to spend time in a juvenile hall.

Intake Process and the Juvenile Hall

The detention of Xander at the juvenile hall is the most probable option in the case. The law enforcement officers will have to hand over the case to the probation department in the county. At this stage, the probation officer takes the case, examines all its backgrounds, and analyzes the arrest of the juvenile. Xander’s arrest history and the charges on concealed weapons play a crucial role in the case. Thus, the probation officer will examine the purse snatching, breaking into private property, and drug possession charges in filing new charges on the juvenile. The filing of a juvenile court petition at this point is also possible and will determine the direction of the case.

Court and Sentencing Process

The first step in the case is the mentioning and hearing of the case. In this case, Xander pled guilty, and thus the court found him responsible for the offense of possession of the concealed weapon. However, further investigation of the matter is crucial. The judge will therefore have to order an inquiry on the issue. It is the duty and responsibility of the probation officer to conduct this further investigation and be in communication with the District Attorney concerning the filing of charges for the case. According to the Juvenile Justice Hearing (2016), the law gives the District Attorney a timeframe of up to 72 hours upon which they have to file any necessary petitions. The 602 petition is a more likely scenario for the case. The California courts outline that the juvenile (Xander) committed a criminal offense that still stands even if he was over 18 years (Guide to Juvenile Court, 2016). At this point, the presiding judge has to determine the validity of the petition and categorize this as a delinquent criminal offense. Additionally, the judge will define and execute the most appropriate judgment and punishment for the offense by analyzing the levels and impact of the crime. Xander’s case is worsened by the fact that he has previous arrest and incarceration records. The last time that he was behind bars, he was facing drug possession charges as the most severe offense. It resulted in a year jail term. Since he failed to abandon the criminal behaviors in the first case, the judge will most probably pass a more harsh sentencing. It is worth noting that the sentencing process will involve informing Xander of the reasons for his arrest, giving him a chance to get the service of an attorney or provide a state attorney if he [Xander] is not in a position to afford one.

Punishment and Rehabilitation

Right from the arrest, Xander has cooperated with law enforcers judging by his noble act of pleading guilty since the start. The act introduces wardship, which is an essential aspect of the case. It merely means that the court will take over the guardianship of Xander safeguarding his safety, rights, and protection. The judge will, therefore, make significant decisions regarding the child as opposed to the parents. In a nutshell, the judge and the court will be deciding on the type and level of sentencing for Xander and limit the involvement and decisions of the parents on the case. The Division of Juvenile Justice is the most probable destination for Xander, where he would be rehabilitated and learn the various discipline programs offered in the facility. Moreover, the judge can also order other forms of punishment and rehabilitation measures such as the provision of community work, selective curfews as well as juvenile counseling sessions for Xander after detention. The intensity and level of these programs will be determined by his arrest records and the steps that he will be taking while in the program.

The Correction Plan for Juvenile Delinquent

Evidently, Xander has been a troublesome kid since he was 13. He needs correction plans that are more severe and effective as opposed to lenient rehabilitation programs such as community work and counseling sessions. Regardless of his criminal history, Xander has proven that he regrets his criminal acts and is ready to change judged by his pleading guilty. Therefore, the correction plan would involve separating him from the rest of the community and putting him in a correction facility. As stated earlier, the correction and rehabilitation strategy means that Xander will serve, for a specified duration, in the Division of Juvenile Justice, then take part in community work and acquire the necessary guidance and counseling programs. The provision of special needs for juvenile delinquents is a critical factor. It entails the provision of physical utilities, special needs education as well and counseling. Thus, juveniles with special needs require accommodations that suit their needs.

Conclusion

Conclusively, the arrest, intake, court process, sentencing, punishment, and rehabilitation for juvenile offenders are slightly different from those of adults. Xander’s case offers an excellent opportunity for analyzing these differences. Some of the essential areas in the processing of juvenile offenders include the arrest procedure which includes Miranda warning and parental presence when questioning the offenders. The court and sentencing processes may involve wardship that accords the judge and state the protection of the teenager. Moreover, the correction and rehabilitation strategy focuses more on the counseling and safety of the juvenile.

Reference

Champion, D. J., Merlo, A. V., Benekos, P. J., & (2013). The juvenile justice system: Delinquency, processing, and the law(7th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.

Guide to Juvenile Court. (2016). Retrieved on August 28, 2020, from http://www.courts.ca.gov/1216.htm

Juvenile Justice Hearings - Superior Court of California. (2016). Retrieved on August 28, 2020, from http://www.scscourt.org/self_help/juvenile/jjustice/process.shtml#process