? Juvenile and Criminal Justice Systems
As you read in the OJJDP bulletin "Juvenile Justice: A Century of Change," the movement toward two justice systems has been a protracted journey. In addition, while there is some overlap in the content of juvenile laws and codes, each state has its own distinct juvenile justice system that is removed from the criminal justice system. An important difference between the two systems is that in the criminal justice system, adults are tried and found innocent or guilty; whereas, in the juvenile justice system, juveniles are found innocent or delinquent. This is an important distinction and one of several that you study this week as you investigate the similarities and differences between the juvenile and criminal justice systems. No doubt, you will discover some unintended consequences of the split between the two justice systems. For example, consider the following scenario: adult criminals recruit juveniles to participate in drug deals because, if caught, the juvenile offenders would not face the same type of judgments as adults, i.e., probation versus jail.

To prepare for this assignment:
Review the Kent v. United States (1966) U.S. Supreme Court decision and the Steward-Lindsey (2006) journal article. Reflect on the importance of Kent v. United States (1966) to the juvenile and criminal justice systems.
Review the Brannen et al. (2006) journal article and think about the implications of Kent v. United States (1966) on juvenile courts.
Review the "Juvenile vs. Adult Justice" article from the Frontline website. Think about the similarities and differences between the two justice systems.
Review Kent v. United States (1966), including the opinion of the court and the dissent, for a full understanding of the impact of the case.
Think about the similarities and differences between the juvenile and criminal justice systems. Consider any conclusions drawn or insights gained as a result of this analysis.
The assignment (2?3 pages):
Analyze three similarities and three differences between the juvenile and criminal justice systems.
Explain and evaluate any conclusions drawn or insights gained as a result of your analysis.

Support your Assignment with specific references to all resources used in its preparation.

IMPORTANT: NO DIRECT QUOTES. PLEASE USE EFFECTIVE PARAPHRASING.

Use criminological theory-(differential association theory) to explian the Juvenile Offender in Hong kong.
Discuss whether the thoery is useful; and discuss how such crime coudle be prevent.

A paper based on this selected juvenile offender (case study).

Please address the following:

?Describe the process the juvenile will follow after arrest, from intake, through court, sentencing, and punishment or rehabilitation. The process should be based on actual state laws and practices within the state of California or a state in which you are familiar.

?Include a brief corrections plan created in the mode most appropriate for the level of offense, such as a recommendation memo to Child Protective Services or the school principal for a status offense, a letter to judge regarding sentencing for a non-violent offense, or a report to corrections for a violent offender.


CASE STUDY: XANDER L.

Xander L. is a 17-year-old African American male and documented gang member. His prior juvenile adjudications include purse snatching, breaking and entering, and drug possession. His first juvenile adjudication occurred when he was 13 years old. He has served a year of custody in the juvenile correctional facility and has been placed on probation twice previously. His instant arrest is for possession of a concealed weapon, to which he has pled guilty.

Xander lives with his mother in the housing projects. He reports no contact with his father. His mother presently works two jobs. Although she is supportive of him, and Xander reports a close relationship with his mother, she does not approve of his conduct. In the past, she has reported him to the police. Xander indicates that he has dropped out of high school, but would like to get his general equivalency diploma to make his mother proud.

Locate a Missouri case in which a juvenile offender was certified as an adult and write a 2 page paper discussing the case including the outcome.
Cite your sources

This paper is for a masters level forensic psychology and law class. the topic of the paper is: Violent juvenile offenders (get past/present statistics, examine possible precipitating factors for the phenomena, explore how they have been treated in the past and presently, and discuss what should be done with them and how specifically this might be implemented.

Instructions
Read the Washington Post articles titled 5-4 Supreme Court Abolishes Juvenile
Executions and "Supreme Court restricts life without parole for juveniles" that
are provided below starting at page 3 in the supplemental information section
after the synopsis and directions.
In the United States there is sort of a dilemma about how to handle juvenile
criminal defendants. In the eyes of the law they are viewed as juveniles and
therefore not subject to the adult criminal justice system, technically speaking.
However, increasingly juveniles are being tried as adults for their crimes. This
requires a judgment call by the prosecution and a legal determination by a judge.
Clearly, some juveniles deserve to be tried as an adult if they commit a very
serious offense, but where do we draw the line? Should juvenile drug defendants
also be charged as an adult or should this be restricted to violent crimes?
The United States Supreme Court has made several important decisions
regarding juveniles in the criminal justice system in recent years. On March 2,
2005, in Roper v. Simmons, the US Supreme Court abolished the death penalty
for all offenders who committed their offense as a juvenile, no matter how serious
and heinous their crimes. The court cited changing societal attitudes and
remarkably even international sentiment when coming to its decision.
On May 18, 2010, in Graham v. Florida, the United States Supreme Court
abolished life sentences without the possibility of parole for juvenile offenders
who did not kill anyone. The court determined that intrinsically juveniles are
different that adults and have a chance to change themselves and should have
the opportunity to someday prove that they are capable of reentering society if
they have not taken a human life.
In both cases, in some way the US Supreme Court decided that such sentences
against juveniles violated the "cruel and unusual" provision of the Eighth
Amendment of the United States Constitution. These two cases were very
controversial with proponents on both sides of the fence, some praising the
actions of the court, while others decrying the decisions.


This term paper is comprised of five questions designed to test your legal
reasoning and sensitivity to social issues. Utilizing 1 to 2 pages each, critically
answer the following 5 broad questions. The term paper should be approximately
5 to 10 pages in length. The questions are listed at the very end of this
assignment sheet. In answering the questions, document your responses with
support material taken from library sources, your textbook, or the Internet. Be
sure to give proper attribution to each source you document (e.g., provide URLs
for online sources).
Do not use this assignment to vent your personal opinions on the issues covered
in the case study. Your goal should be to present a fair and impersonal review of
the issues based on good legal reasoning, sensitivity to societal issues, and
careful research.
The answer to each of the five questions should be roughly 1-2 pages long,
typed single spaced. Margins must be 1-inch on all sides. Pages beyond page 10
will neither be read nor graded.


Complete and
accurate citations are expected for all works used in preparing the term paper.
Use either the APA or MLA inline footnote style; do not use endnotes or
footnotes. Failure to provide complete and accurate citations will result in a grade
of F without the opportunity for rework.
Instructions on citing sources utilizing the APA (American Psychological
Association) reference style can be found at http://www.apastyle.org/ or a
comparable website.
Instructions on citing sources utilizing the MLA (Modern Language Association)
reference style can be found at http://www.mla.org/ or a comparable website.


Supplemental Information on the Case Study
The Washington Post
Wednesday, March 2, 2005
http://www.washingtonpost.com/wp-dyn/articles/A62584-2005Mar1.html
By Charles Lane
5-4 Supreme Court Abolishes Juvenile Executions
The Supreme Court abolished capital punishment for juvenile offenders yesterday, ruling
5 to 4 that it is unconstitutional to sentence anyone to death for a crime he or she
committed while younger than 18.
In concluding that the death penalty for minors is cruel and unusual punishment, the court
cited a "national consensus" against the practice, along with medical and social-science
evidence that teenagers are too immature to be held accountable for their crimes to the
same extent as adults.
Christopher Simmons, age 17 when he kidnapped and killed a woman, was spared along
with 72 others. (AP)
The court said its judgment, which overturned a 1989 ruling that had upheld the death
penalty for 16- and 17-year-old offenders, was also influenced by a desire to end the
United States' international isolation on the issue.
As of yesterday, 20 states, including Virginia, permitted the death penalty for offenders
younger than 18. That is five fewer than allowed the practice in 1989.
"From a moral standpoint, it would be misguided to equate the failings of a minor with
those of an adult, for a greater possibility exists that a minor's character deficiencies will
be reformed," Justice Anthony M. Kennedy wrote in the opinion for the court.
"Our determination," Kennedy added, "finds confirmation in the stark reality that the
United States is the only country in the world that continues to give official sanction to
the juvenile death penalty."
The ruling was the second time in three years the court had carved out a new categorical
exception to the death penalty, having banned capital punishment for the moderately
mentally retarded in 2002.
It came after 59 people were executed in 2004, the fewest since the Supreme Court
permitted states to resume the death penalty in 1976. That decline is the result in part of
lower murder rates and in part of events such as the exoneration of some death row
inmates by DNA evidence.

Thus, the ruling showed that society's reconsideration of capital punishment has
penetrated the court, with the four liberal justices who joined Kennedy yesterday -- John
Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer -- pushing
hardest to change capital punishment with the occasional help of either Kennedy or his
fellow moderate conservative on the court, Sandra Day O'Connor.
O'Connor, who voted with the four death penalty skeptics and Kennedy in the 2002 case,
dissented yesterday, along with the court's conservatives, Chief Justice William H.
Rehnquist and Justices Antonin Scalia and Clarence Thomas.
By striking down yesterday the death sentence a Missouri jury had imposed on
Christopher Simmons -- who was 17 on Sept. 8, 1993, when he broke into Shirley
Crook's house, kidnapped her and threw her, bound and gagged, into a river -- the court
also canceled the death sentences of 72 others for crimes they committed while younger
than age 18.
One of those inmates, Shermaine A. Johnson, 26, had been awaiting execution in
Virginia for a rape and murder he committed in 1994 at age 16. Virginia set a minimum
death-penalty eligibility age at 16, but that is now unconstitutional. Maryland bars the
death penalty for those younger than 18; there is no death penalty in the District.
By far the largest impact of yesterday's ruling will be felt in Texas, where there are 29
juvenile offenders awaiting execution, and Alabama, where there are 14. No other state
has more than five.
There have been 22 executions of juveniles since 1976, 13 of them in Texas.
Kennedy's opinion rested in large part on the fact that 30 states, including the 12 states
that have no capital punishment, forbid the death penalty for offenders younger than 18.
That number represented an increase of five since the court upheld the juvenile death
penalty in 1989.
The court weighs death penalty laws according to what a 1958 ruling called the "evolving
standards of decency that mark the progress of a maturing society," and looks to state
legilation and jury verdicts to decide whether a "national consensus" has developed
against a previously accepted practice.
Christopher Simmons, age 17 when he kidnapped and killed a woman, was spared along
with 72 others. (AP)
In 2002, the court voted 6 to 3 to strike down the death penalty for the moderately
mentally retarded, which it had upheld 5 to 4 in 1989. In the 2002 case, Atkins v.
Virginia, the court noted that the number of death penalty states banning that practice had
grown from two in 1989 to 13 in 2002, while none had gone the other way.


The recent shift of states against the juvenile death penalty, though less dramatic than the
evidence the court found sufficient in the mental-retardation case, was enough to carry
the day, Kennedy concluded.
For the Supreme Court itself, perhaps the most significant effect of yesterday's decision is
to reaffirm the role of international law in constitutional interpretation.
The European Union, human right lawyers from the United Kingdom and a group of
Nobel Peace laureates had urged the court in friend-of-the-court briefs to strike down the
juvenile death penalty.
In saying that this strong expression of international sentiment "provide[s] respected and
significant confirmation for our own conclusions," Kennedy lengthened the recent string
of decisions in which the court has incorporated foreign views -- and decisively rejected
the arguments of those on the court, led by Scalia, who say it should consider U.S. law
exclusively.
There were actually six votes in Kennedy's favor on that point yesterday, because in her
dissenting opinion O'Connor agreed with Kennedy that international trends affect the
meaning of "cruel and unusual punishment" in modern times.
O'Connor's opinion suggested she came fairly close to joining the majority entirely. If she
were a legislator, O'Connor wrote, "I, too, would be inclined to support legislation setting
a minimum age of 18 in this context."
But, O'Connor wrote, too few states had recently enacted such laws to convince her that
the country generally had "set its face" against the juvenile death penalty.
Scalia, in a separate dissent joined by Rehnquist and Thomas, took the majority to task
for "proclaim[ing] itself sole arbiter of our Nation's moral standards -- and in the course
of discharging that awesome responsibility purport[ing] to take guidance from the views
of foreign courts and legislatures."
Noting that most countries have more restrictive abortion laws than the United States,
Scalia accused the court of "invok[ing] alien law when it agrees with one's own thinking,
and ignor[ing] it otherwise." He read his opinion from the bench, a sign of strong
disapproval for the court's decision.
Scalia also pointed out that the 18 death-penalty states that limit capital punishment to
offenders 18 and older amount to 47 percent of the 38 death-penalty states.
"Words have no meaning if the views of less than 50 percent of death penalty States can
constitute a national consensus," he wrote.
For Kennedy, yesterday's opinion appeared to represent a distance traveled since the 1989
case, in which he voted with Scalia to uphold the juvenile death penalty.

As recently as April 2003, the court -- with Kennedy's support -- granted Oklahoma's
request to reinstate the death sentence of a 17-year-old offender after a federal appeals
court had blocked it.
In 2002, the court refused to hear two appeals from younger-than-18 offenders asking it
to reconsider their cases in light of Atkins. Again, Kennedy was in the majority.
Even at the Oct. 12 oral argument in the case decided yesterday, Kennedy said he was
"very concerned" that gangs might use juveniles as "hit men" if there were no death
penalty.
But yesterday's packet of opinions contained a brief writing by Stevens, co-signed by
Ginsburg, that patted Kennedy on the back for coming around to their point of view.
If the "great lawyers" of the early republic were on the court today, Stevens wrote, "I
would expect them to join Justice Kennedy's opinion for the court."
The case is Roper v. Simmons, No. 03-633.


Supplemental Information on the Case Study
The Washington Post
Tuesday, May 18, 2010
http://www.washingtonpost.com/wpdyn/
content/article/2010/05/17/AR2010051701355.html
By Robert Barnes
Supreme Court restricts life without parole for juveniles
Juveniles may not be sentenced to life in prison without parole for any crime short of
homicide, the Supreme Court ruled yesterday, expanding its command that young
offenders must be treated differently from adults even for heinous crimes.
'Sexually dangerous' inmates can be kept in prison indefinitely
The court ruled 5 to 4 that denying juveniles who have not committed homicide a chance
to ever rejoin society is counter to national and "global" consensus and violates the
Constitution's ban on cruel and unusual punishment.
The decision follows the court's 2005 decision that, no matter what crime they commit,
juveniles may not be executed. It also reinforced the court's view that the Eighth
Amendment's protections against harsh punishment must be interpreted in light of the
country's "evolving standards of decency."
Justice Anthony M. Kennedy, writing for the majority, said states must provide juveniles
who receive lengthy sentences a "meaningful" chance at some point to show they should
be released.
"By denying the defendant the right to reenter the community, the state makes an
irrevocable judgment about that person's value and place in society," Kennedy wrote.
"This judgment is not appropriate in light of a juvenile nonhomicide offender's capacity
for change and limited moral culpability."
The case involved Terrance Jamar Graham, who was convicted of robbery in
Jacksonville, Fla., when he was 16. He received a short jail term and probation but was
arrested again at 17 for taking part in a home invasion. The judge in the case sent him
away for life.
Kennedy said there were 129 juveniles in 11 states, including Virginia, who had not
committed homicides but were serving sentences of life without parole. The majority of
them -- 77 -- are in Florida.
Kennedy was joined by the court's liberal wing: Justices John Paul Stevens, Ruth Bader
Ginsburg, Stephen G. Breyer and Sonia Sotomayor.

Chief Justice John G. Roberts Jr. joined them in rejecting the outcome of Graham's case,
saying the sentence was so harsh as to be unconstitutional. But he did not agree with the
majority's broader pronouncement on life sentences, and said decisions should be made
on a case-by-case basis.
"Some crimes are so heinous, and some juvenile offenders so highly culpable, that a
sentence of life without parole may be entirely justified under the Constitution," Roberts
wrote.
Experts said that the decision will probably lead to years of litigation but that it
represented an important move.
"It is indisputably the court's most important non-capital Eighth Amendment decision,"
said Douglas A. Berman, a law professor and criminal sentencing expert at Ohio State
University. "It is the first highly tangible setting where the court's death penalty work has
crossed over" to another aspect of sentencing.
In recent years, a slim five-member majority of the court -- with the retiring Stevens in
the forefront -- has both limited the death penalty and shielded juveniles. The court has
said that capital punishment was reserved for those who take a life and that juveniles, no
matter the crime, were not eligible for death because of their limited culpability.
Monday's decision was sought by juvenile justice advocates and child psychologists who
said the natural extension was to prevent juveniles from being "sentenced to death in
prison" without the possibility of release.
'Sexually dangerous' inmates can be kept in prison indefinitely
The decision did not forbid sentencing someone younger than 18 to life in prison; it only
required the state "to provide him or her with some realistic opportunity to obtain release
before the end of that term." Graham's lawyer, Bryan S. Gowdy of Jacksonville, noted
during oral arguments that a law could be constitutional even if it required 40 years to
pass before the offender could ask for release.
Justice Clarence Thomas wrote a stinging dissent, making the now-familiar argument that
interpreting the Eighth Amendment according to evolving societal standards is "entirely
the court's creation."
He said the majority's logic also fails. "The court is quite willing to accept that a 17-yearold
who pulls the trigger on a firearm can demonstrate sufficient depravity and
irredeemability to be denied reentry into society, but insists that a 17-year-old who rapes
an 8-year-old and leaves her for dead does not," Thomas wrote.
"The question of what acts are 'deserving' of what punishments is bound so tightly with
questions of morality and social conditions as to make it, almost by definition, a question
for legislative resolution," he wrote.
His dissent was joined in full by Justice Antonin Scalia and in part by Justice Samuel A.
Alito Jr.

Thomas and Kennedy sparred over what constitutes a national and international
consensus. Thomas pointed out that 37 states, the federal government and a number of
foreign countries keep life without parole as an option for juveniles.
But Kennedy noted that only a handful of states impose the penalty and that the United
States is virtually alone in such sentences. "In continuing to impose life without parole
sentences on juveniles who did not commit homicide, the United States adheres to a
sentencing practice rejected the world over," Kennedy wrote.
The court made no distinction in its decision in the age of the juvenile at the time of the
crime. It did not rule on a separate case it had heard from Florida, concerning Joe
Sullivan, who was sentenced to life without parole for a rape he committed at 13.
Sullivan's lawyer, Bryan Stevenson of the Equal Justice Initiative, said the case was
probably dismissed because of procedural problems, but he said that Sullivan, like the
others serving life terms, would now receive a chance to challenge his sentence.
More than 2,000 juveniles are serving life sentences for homicide. Stevenson
acknowledged that the next legal front might include a challenge on their behalf, although
he said some states, such as Texas, already are prohibiting life without parole sentences
for all crimes committed by juveniles.
The case is Graham v. Florida.

Questions
Answer each of the five following questions/items. Your answer to each
question/item should be about 1-2 pages long, typed single spaced. Your answer
should reflect research on your part ??" from library sources, government
documents, your textbook, and/or the Internet. Give proper attribution to your
research sources (e.g., for Internet sources, provide a URL)
1. Do you believe there is a growing common consensus that juveniles are
somehow less culpable for their crimes since they have not been in this world
as long as an adult or do you believe that there is growing common
consensus that juveniles are just as guilty as an adult when they make a
conscious decision to commit a crime? Explain.
2. Is it somehow hypocritical to not allow juveniles to marry, sign contracts, fight
in a war, or have a consensual relationship with an adult, but allow them to be
tried as an adult for a crime they commit? Does a juvenile offender somehow
give up their rights as a juvenile when they commit a certain type of crime?
Explain.
3. Do you believe that executing someone who committed their crime as a
juvenile is a violation of the Eighth Amendment ban on cruel and unusual
punishments? Why or why not. Do you believe that a life term with no parole
against someone who committed a non-murder crime as a juvenile is a
violation of the Eighth Amendment ban on cruel and unusual punishments?
Why or why not. Should this determination be left up to the trial court when
weighing the evidence and specific circumstances and elements of the crime
committed?
4. In coming to its decision about not allowing executions for juveniles the US
Supreme Court cited "international sentiment" in deciding to restrict this
ultimate form of punishment to only adults. Should the United States Supreme
Court follow the law of the United States and the opinions of United States
citizens exclusively when coming to a decision about a case or should they
also take into consideration internationally recognized standards and
sentiment? Explain.
5. What crimes, if committed, should allow for a juvenile defendant to be tried as
an adult? Are juveniles tried as adults too often or rather too infrequently?
Make a case for trying juveniles more often as adults. Alternatively, make a
separate case for not allowing as many juveniles to be tried adults.

Recidivism

Reducing recidivism is, of course, the true measurement and goal of all delinquency programs. Think about how you can reduce delinquency recidivism. All too often, adolescent offenders are removed from a dysfunctional environment, sent to a community-based or secured correctional facility, provided with appropriate treatment, and returned to their dysfunctional environments. Given what you have learned about normal adolescent development, how can any juvenile be expected to withstand old habits and temptations? What does it take for adolescents to return home and continue with the positive changes they have made or want to make? In addition, how can society and individuals either encourage or discourage these positive changes?

As a scholar-practitioner who is concerned with positive social change, imagine the possibilities for an individual, both within the juvenile justice system and related to it, to intervene and make a positive difference in an adolescent's life. In this assignment, you reflect upon these possibilities.

To prepare for this assignment:

? Think about the myriad of issues facing today's youth. Consider how any one individual could intervene in the effects of these issues on juveniles.

? Review the film On the Outside: Social Challenges for Teens Reentering Society. Focus on the positive impact that various individuals in this film had on the depicted juvenile offenders.

? Reflect on the roles you have noticed people playing in the lives of juveniles throughout this course, whether in the films or readings. What do you think contributes to the greatest positive change in youth?

With these thoughts in mind:

Write an explanation of the positive role an individual can play in an adolescent's life, which could thereby result in the reduction of juvenile crime and recidivism. Be specific and cite specific examples from the resources and the video.

Material for assignment:
Film: Films Media Group. (Distributor). (2008). On the outside: Social challenges for teens reentering society [Online video]. Available from http://digital.films.com/play/664VTR (24 minutes)

hello,
this is suppossed to be an prsuasive essay, making sure every paragraph follow each other and there should be no use of the word 'i' and 'my' and 'in my opinion'since they r not convincing and they are simply an opinion. the purpose is to persuade or convince rather than merely explain or describe, there for the thesis must be arguable.
also i have a title in mind but not sure if its catchy enough and can reflect the essay, anyways i write it down, if its ok use it otherwise u can come up with your title for the essay. here we go -- "Sentencing Junelies a Cruel and Unusal Punishment"----
although its not necessary but if u can bring out the thesis in either first or second paragraph it will be great.
it should be atleast 1400 words long. although this paper should be self writen and cant be taken from any outside souce. although for biblography u have to use 6 sources 2 of which should be specialised sources that deal specifically with the topic, a god example will be journal.
the essay should be written keepin in mind to use effective reaonng and is free from logical erros. it should be written for a college level audience by defending your claim, anticipating and responding to opposing arguements.
paragraphs must be unified within themselves- one idea per pararaph. all borrowed materials must be documented , using MLA format.the overall purpose of persusive essay is to defend a position against objectors, to refute others, to modify a position, or to offer a compromise.
a lil about outline:
1)lead: use A striking opening to capure the readers interest, such as statin a problem, using a quotation, aking a question or offering some unusal fact, etc. 2) identifying he topic: discussing its importance, present you claim. 3)acknowledge, refute, or agree with the readers primary points. 4) close: restate the assertion and make a call to action, if applicable close with an answer, end a resolution/solution, restate the thesis.
i have many sources which may help u writing this better more better or if u need information so i'm going to fax those sources after i finish with this order, since most of the stuff i have its from facts.com and am not sure if u have access to those since they r only for college students and university databases and so on.
here am gonna paste a topic about juvenile death penality, its below:
-------------------------------------------------------------
juveniles death penality

The issue: Does sentencing juveniles to death constitute cruel and unusual punishment, in violation of the Eighth Amendment? Or is it an acceptable punishment for certain offenses?
Critics of the juvenile death penalty say: Because juveniles' brains are not yet fully developed and juveniles are less mature than adults, they should not be punished as adults. National consensus now recognizes the juvenile death penalty to be cruel and unusual punishment, so the practice should be declared unconstitutional.
Supporters of the juvenile death penalty say: Punishment should be based not on age but on the severity of the crime. Most young people understand that crimes such as murder are wrong. Also, the threat of being sentenced to death for certain crimes acts as a strong deterrent for would-be offenders.
Making young people pay with their lives for certain crimes has a long history in the U.S. The practice dates back to the 17th century, when a 16-year-old boy became the first juvenile sentenced to death in colonial America. More than three centuries later, the Supreme Court established 16 as the minimum age for an offender to be sentenced to death. But despite the court's recognition of the constitutionality of the practice, opponents have vigorously called for an end to it, claiming that the juvenile death penalty constitutes cruel and unusual punishment.

Society has long recognized major differences between adults and juveniles, and that is especially true in the legal system. Most offenders under the age of 18 are sent to juvenile courts, which are separate from the regular criminal courts and which cannot impose the death penalty. However, for certain crimes, such as a brutal murder, juveniles can be tried in adult courts. There they are subject to adult sentences, including the death penalty. [See 2002 Update: Juvenile Justice]
Since the first execution of a youthful offender more than 350 years ago, 365 executions for crimes committed as juveniles have been carried out in the U.S., according to the Death Penalty Information Center. Since 1976, 22 juvenile offenders have been executed (about 2% of the total executions carried out in the U.S. in that time period). Of the 38 states that allow the death penalty, 20 permit executions for crimes committed as juveniles; 15 states set the minimum age at 16, and five require the offender to have been 17 or older at the time of the crime.
However, the juvenile death penalty is not widely applied throughout the country. Just 12 states have juvenile offenders on death row, and just three--Texas, Virginia and Oklahoma--are responsible for 18 of the juvenile executions carried out since 1976. Texas alone is responsible for 13 of those executions.
The Supreme Court affirmed the constitutionality of the death penalty for juveniles age 16 and over in the late 1980s. However, in early 2004 the court accepted a case in which it will revisit the issue. The case, on which the court is expected to issue a ruling in early 2005, has intensified the debate over capital punishment for young offenders.
Critics of the juvenile death penalty point out that society recognizes young people as less mature than adults in many instances, for example by setting a minimum age for drinking and for serving in the military. Opponents ask why it is then permissible to treat juveniles as adults when it comes to punishing them. Critics also contend that the national consensus is against the death penalty, so it should be declared unconstitutional
Supporters, meanwhile, say that punishment should be based not on a perpetrator's age, but on the severity of the crime. An "adult" crime requires an adult punishment, they argue. Most young people recognize that murder is wrong, they assert, and should be punished accordingly. Proponents also say that knowing they could face the death penalty acts as a strong deterrent to juveniles.
The History of Juvenile Executions
The first recorded execution of a juvenile offender in colonial America occurred in 1642, when Thomas Graunger was executed in Plymouth, Mass., for the crime of bestiality committed when he was 16. In 1885, a Native American youth, James Arcene, became the youngest juvenile offender ever executed in the U.S. when he was executed for his part in a robbery and murder committed when he was 10. Since the start of World War II (1939-45), the youngest offender to have been executed was a black juvenile, George Stinney, who was executed in 1944 for killing two white girls when he was 14.
The Supreme Court first took on the issue of the death penalty in 1972, striking down most state death penalty statutes. However, the court did not rule that capital punishment itself was unconstitutional but rather that the death sentences were too arbitrarily imposed and amounted to "cruel and unusual punishment." After the states revised their laws, the court in 1976 upheld many of those revisions, effectively reinstating the death penalty. [See 2000 Update: Death Penalty]
The Supreme Court specifically considered the issue of the juvenile death penalty in a 1988 case, Thompson v. Oklahoma. In that case, the court ruled that the execution of a person for crimes committed at age 15 and under violated the Eighth Amendment. The following year, the court further clarified its stance in two cases, Wilkins v. Missouri and Stanford v. Kentucky, ruling that it was constitutional to execute juvenile offenders for crimes committed at age 16 or 17. In those cases, the court upheld the death sentences of Heath Wilkins, who had committed murder when he was 16, and Kevin Stanford, who had committed murder at age 17. (Despite the court's ruling in Stanford, Kentucky Gov. Paul Patton (D) eventually commuted Stanford's sentence to life in prison because of his age at the time he committed the crime.)
In January 2004, the Supreme Court accepted a case, Roper v. Simmons, in which it will once again consider the constitutionality of juvenile executions. The case concerns Christopher Simmons, who was sentenced to death for killing a woman during a burglary in 1993, when he was 17. The Missouri state Supreme Court in 2003 stayed his execution, claiming that the juvenile death penalty is cruel and unusual punishment.
The Missouri court based its decision on a 2002 Supreme Court case, Atkins v. Virginia, in which the court ruled that executing the mentally retarded constituted cruel and unusual punishment because there was an emerging "national consensus" against the practice. The Supreme Court's ruling in Simmons is likewise expected to hinge on whether the national consensus is against juvenile executions. In the 1989 Stanford decision, the Supreme Court had found no such consensus.
The court's decision in Simmons could affect the fate of the 72 juvenile inmates on death row nationwide as of late 2004. However, just as the court's ruling on the death penalty in 1976 has not quelled debate over capital punishment for adults, the decision in Simmons is unlikely to end the debate over sentencing young people to death.


Juvenile Death Penalty Opposed
Critics contend that executing young offenders is cruel and unusual punishment, a violation of the Eighth Amendment. Young people lack the maturity of adults, they argue, and therefore should not be punished as adults. "Teenagers may look like, act like and even shoot like adults, but they think like children," says James Alan Fox, a professor of criminal justice at Northeastern University in Boston, Mass.
Critics point out that society generally recognizes the lack of maturity in juveniles by setting age limits in such matters as voting, drinking and serving in the military. They argue that capital punishment should be treated the same way. "As a society, we don't let adolescents consume alcohol, and we have different restrictions on them because we know they don't have the best judgment," Dale Baich, an attorney specializing in capital punishment cases, asserts. "I think we have to hold that view when we make them eligible for the death penalty."
To back up their assertions, critics point to recent research showing that the human brain continues to develop into the 20s. According to the studies, the frontal lobe of the brain, which is responsible for controlling impulses and making decisions, is the last part of the brain to develop.
In an American Medical Association (AMA) brief in Roper v. Simmons, the AMA discussed the impact of late cognitive development on juveniles. "From a biological perspective, an anxious adolescent with a gun in a convenience store is more likely to perceive a threat and pull the trigger than is an anxious adult with a gun in the same store," David Fassler, a psychiatrist at the University of Vermont in Burlington, wrote in the brief.
Opponents draw parallels to the execution of the mentally retarded, which the Supreme Court in Atkins found to be cruel and unusual punishment. The court determined that the national consensus had turned against executing the mentally retarded, and critics of the juvenile death penalty say that public opinion is similarly against executing juveniles. They point to a trend in decreasing death sentences for juveniles. In 1999, 15 juveniles were sentenced to death, while seven were sentenced to death in both 2000 and 2001, four in 2002 and just two in 2003. They also note that, since 1976, just seven states have executed juvenile offenders.
Critics of the juvenile death penalty also contend that there are similarities in the cognitive functioning of juveniles and of the mentally retarded. In Atkins, Justice John Paul Stevens wrote in the majority opinion that "because of their disabilities in areas of reasoning, judgment, and control of their impulses" the mentally retarded "do not act with the level of moral culpability that characterizes the most serious adult criminal conduct." Critics say the same reasoning can be applied to juveniles. "If you just look at the Atkins decision, almost everything they say about mentally retarded people applies to children," says Stephen Bright of the Southern Center for Human Rights.
Opponents also assert that juveniles are among society's most victimized and vulnerable individuals. For instance, they point out, 60% of juveniles sentenced to death were neglected or abused growing up. Death is too extreme a punishment for young people who are victims of their circumstances, critics argue.
Finally, opponents question how the U.S. can continue to execute young people when most other countries in the world have ceased the practice. Since 2000, only three other countries have executed youthful offenders, they note, putting the U.S. in same category as the Democratic Republic of Congo, Iran and Pakistan--and all three of those countries have either abolished the juvenile death penalty or are in the process of doing so.
Capital Punishment for Youth Advocated
Supporters of the juvenile death penalty assert that the U.S. justice system is based on the idea of the punishment fitting the crime. There is nothing "cruel and unusual" about assessing the ultimate punishment for a gruesome murder, whether the perpetrator is an adult or a juvenile, they argue. Nancy Arias, whose sister, Patricia Baeuerlen, was killed by a 16-year-old boy, says: "[Patricia] was begging for her life. She was crying, telling him that she had kids. The only cruel and unusual punishment in this case was the...brutal way that he killed her."
Proponents reject the argument that the brain is not fully developed in juveniles so they should be held less responsible for their actions. Even with brains not fully developed, there is "little room for doubt that at least some adolescent killers most assuredly have the mental and emotional wherewithal to plot, kill and cover up in cold blood," argues Alabama Attorney General Troy King in a brief in Roper v. Simmons. "They should not evade full responsibility for their actions by the serendipity of chronological age," he continues.
Supporters accuse critics of misrepresenting recent brain studies to further their anti-death penalty agendas. "There is science, and then there is junk science," says Dianne Clements, president of victims' rights group Justice for All. "This is an effort by those in the scientific community who oppose the death penalty to use science to argue their position."
Supporters also say that knowing they could be put to death for murder serves as a very strong deterrent to juveniles. According to Mitch Brim, a Los Angeles lawyer for Justice for All, Simmons "told his friends he could get away with it because of his age." Brim adds, "If he knew he was going to receive the ultimate punishment, an innocent woman would be alive today. We need to send a message to juveniles who understand right from wrong and the consequences of their actions. They better think twice or they'll pay the ultimate price."
Supporters also criticize the notion of basing the constitutionality of the juvenile death penalty on whether there is an evolving national consensus against it. Justice for All claims that the Supreme Court's determination of evolving standards is arbitrary and subjective because no set guidelines exist on which to base their decision. Rather, supporters say, the decision should be left to juries. "Juries have an amazing ability to distinguish between horrible acts of murder and immaturity," Joshua Marquis, Oregon district attorney, asserts.
Finally, some supporters point out that in considering the death penalty, courts and juries must make their determination on an individual basis, with consideration of each crime and all the mitigating factors in the crime. In considering juvenile offenders as a group based on age, such individual consideration is lost, they assert. "Instead of grouping juveniles together as a class and drawing a bright line rule based on age, this court should look at juveniles individually and respect them as human beings with unique characteristics, life experiences, personal responsibilities and moral blameworthiness," Justice for All contends in a brief for Roper v. Simmons.
Supreme Court to Determine the Future of Juvenile Executions
Opinion polls show that much of the public is opposed to the juvenile death penalty, even among those who support the death penalty in general. In a 2002 Gallup poll, while 72% of respondents said they favored the death penalty, 69% said they were opposed to sentencing juveniles to death. And, states are increasingly taking action on their own against the juvenile death penalty. Wyoming and South Dakota both abolished the juvenile death penalty in 2004, and eight other states are currently considering such legislation.
However, the fate of juvenile executions in large part rests with the Supreme Court's upcoming decision in Roper v. Simmons. In a separate concurring opinion in the 1989 Stanford decision, Justice Sandra Day O'Conner wrote, "The day may come when there is such general legislative rejection of the execution of 16- or 17-year-old capital murderers that a clear national consensus can be said to have developed. Because I do not believe that day has yet arrived, I concur." Whether that day has finally come is once again up to the Supreme Court to determine.
-------------------------------------------------------------
There are faxes for this order.

Requierements:

2 JOURNAL ARTICLES
3 REGULAR ARTICLES

I NEED TO KNOW EVERYTHING ABOUT JUVENILE HOMOCIDE.

PLEASE INCLUDE:

DO A CLEAR AND DIRECT INTRODUCTION OF THE ISSUE, IN THE CONCLUSION GIVE YOUR OPINION TO BETTER OUR SOCIETY

Examine the reasons for the increase in murder by youth, guns, statistics, types of murders, socioeconomics, ethnicity and family violence.

Discuss correction facilities for juvenile offenders in New York.

A discussion of the social problems associated with juvenile HOMOCIDE.

introduce the issue of juvenile HOMOCIDE and examine THE causes and solutions.

AS WELL WHY DO THEY DO IT? IS IT GENETICS? IS IT WHERE THEY GROW UP? WHAT CAUSES THEM TO COMMIT CRIMES? AGES, RACE, GENDER. SHOW SOME STATISTICS. PLEASE CITE ALL QUATATIONS. NO PLAGARISM PLEASE THIS IS MY FINAL PAPER FOR THE SEMESTER. PLEASE USE REGULAR WORDS NOT TO PROFESSIONAL. INCLUDE A SEPERATE OUTLINE.

PLEASE HAVE TENSE CONSISTENCY, BE CLEAR AND ORGANIZE. PLEASE DONT JUST JUMP FROM ONE TOPIC TO THE OTHER.

**IMPORTANT: NO DIRECT QUOTES. PLEASE USE EFFECTIVE PARAPHRASING.**

Corrections in Community-Based Settings
As you probably have gathered, working effectively with juvenile offenders is complex and seldom easy. For example, although community-based settings are primarily rehabilitative and often have a juvenile's best interest in mind, adolescent offenders can be mistrustful of the justice system and, therefore, rebel against it. This behavior can make working with them challenging and difficult.

Community-based corrections are an essential aspect of the juvenile justice system because these settings are where most juvenile are placed. Keep in mind, however, that as popular as they may be, these settings face many challenges including legal, ethical, financial, and diversity issues.

To prepare for this assignment:
Focus on the Delaware Plan and note how community-based interventions can be both economical and effective at reducing juvenile recidivism.
Focus on the section related to community-based alternatives and note the characteristics of the Shawnee County Community Corrections program.
Think about the "multisystemic" aspects of community-based programs.
Review the Mincey et al. (2008) article and think about what the juveniles in this article consider to be positive characteristics of their programs.
Review the Woolard et al. (2008) article. Think about how attitudes such as anticipatory injustice could impact the success of juvenile programs.
If necessary, review the film Juvenile Justice?A Fred Friendly Seminar. Think about how diversity and socioeconomic status could affect juvenile treatment options.
Think about the types of challenges that community-based settings might encounter.
Select either an ethical, legal, or diversity consideration related to community-based settings.
Conduct an academic literature search in the Walden Library for a scholarly article that examines an ethical, legal, or diversity consideration related to community-based settings.
The assignment (3?4 pages):
Briefly describe and evaluate three issues related to the placement of juvenile offenders in community-based settings.
Analyze an ethical, legal, or diversity consideration related to treatment in community-based settings. Be specific and support your analysis by citing an academic journal article.

? IMPORTANT - Be sure to support your response with specific references to the Resources provided.

To satisfy the requirements for this project, you?ll complete
four specific assignments at the conclusion of this course.
Each assignment should be a clear, well-written essay of
250?400 words. The assignments are based on the following
fact pattern.

Juveniles and the Legal Process
Fact Pattern

You?re employed by a private consulting firm, Juvenile
Administration, which specializes in the field of juvenile
justice in all of its applications. Your firm is often retained by
school districts and municipalities to advise them on the law
and to suggest solutions for specific issues and problems in
this most important and complex area.
Juvenile Administration has just been retained by your
local school district, which is interested in revamping many
of the procedures that it currently has in place with respect
to its administration of various juvenile justice issues. For
the purpose of this project, you don?t have to research the
procedures being used by your local school district. Assume
that the district wants to operate from a clean slate and is
interested in a wide array of information that you must sup-
ply, even if they?re already employing some of the methods
and procedures that your information covers.
The managing partner in your firm assigns you as the chief
project manager for this client. After many weeks of meetings
with the members of the school district?s administrative
board, you?ve been able to catalog their concerns into four
major categories.

Assignment 1: Juvenile Crime Problem Issues

The school district wants information on the nature of the
juvenile crime problem in your community. They want to
know the prevalence of the various types of crimes. They also
want to know how their juvenile crime rates compare with
other communities throughout the nation.
In addition, the district wants to learn about the latest
studies and findings on the factors that contribute to juvenile
crime and violence, including the economic, social, and
familial influences.

Finally, some of the school administrators have heard that
other school districts are working with the National Crime
Prevention Council. They want to find out more about this
agency, its methods of operation, the programs it administers,
and whether it can be a valuable tool for them to use in
addressing some of their problems.

Assignment
As the chief project manager, you must respond to these
issues in a comprehensive and relevant written research
analysis. You?re free to use all available research tools,
including the FBI Uniform Crime Reports, which should be
used for your local community?s crime information.

Assignment 2: Safe Schools Issues

The school district would like to take all necessary steps to
promote safe schools. In this regard, they?re willing to work
with law enforcement, community groups, private concerns,
and federal and state agencies.
The district also wants to target at-risk students who have
the potential to perform acts of violence in their schools.
Therefore, they want you to advise them of possible warning
signs and of the most current methodology for conducting a
detailed threat assessment.
Finally, the school district is aware of a growing gang problem in the community. They?re interested in understanding
the causative factors that drive juveniles to join gangs, the
nature and conduct of the gang culture, and any antigang
programs and measures they might put into place.

Assignment

As the chief project manager, you must respond to these
issues in a comprehensive and relevant written research
analysis. You?re free to use all available research tools. In
your report, you must include information on the following
items:
? Safe Kids/Safe Streets, Safe Start, and Safe Future
programs
? School Safety Pyramid
? Four-pronged threat assessment
? Gang Resistance Education and Training
? Teens, Crime and the Community

Assignment 3: Traumatic Events Issues

The school district has many students who have experienced,
or are in the process of experiencing, traumatic events. These
events involve physical, sexual, and mental abuse, as well as
abandonment issues. The district wants your help in identifying such children by learning more about the common
indicators of such abuse and the links that this abuse plays
in leading to delinquency and crime. They specifically want
direction with respect to federal laws and your state?s laws
applicable to this problem and the options available to help
address this most serious threat.
Your school district, like many other districts, has a problem
with student substance abuse. They?re interested in targeting
these students and in applying the latest methods of intervention, prevention, and treatment. These methods include
community education, after-school programs, counseling,
and detoxification programs.
Finally, the school district wants to receive information on
the problem of youth suicide, including warning signs to
watch for and proactive plans to put into place.

Assignment

As the chief project manager, you must respond to these
issues in a comprehensive and relevant written research
analysis. You?re free to use all available research tools. In
your report, include, among other relevant responses, the
following items:
? Federal Child Abuse Prevention and Enforcement Act
? Seesaw model of child abuse
? Maximalist alarmist perspective
? Minimalist skeptical perspective
? DARE programs
? Binge drinking
? Life Skills Training
? Midwestern Prevention Project

Assignment 4: Law and Procedures Issues

The school district wants to ascertain the applicable law and
procedures that govern juvenile crime and the courts. You?ll
have to research and inform them about both federal laws
and your state?s laws in this area. They?re interested in the
kinds of courts used, the differences in the procedures used
for juveniles and adults, as well as the juvenile sentencing
options. They also want to discover the circumstances that
would permit a juvenile offender to be treated as an adult.
Finally, they want to know if the teachers in their school
district are allowed to search the students and their lockers
any time that they want or if there are restrictions on such
conduct. They again want both the federal and state laws in
this regard.

Assignment

As the chief project manager, you must respond to these
issues in a comprehensive and relevant written research
analysis. Your research, as previously stated, must focus on
the federal law and on your state law. In addition to other
relevant responses, your report should include
? Juvenile courts
? Juvenile trials and hearings
? Juvenile sentencing laws
? Incarceration alternatives
? Youthful offender treatment
? Community corrections
? Confidentiality issues
? School sanctions
? The Fourth Amendment


Prepare four separate essays of 250?400 words each,
following the instructions given for each assignment.
Each essay should have a brief introduction, several
paragraphs that cover the required information, and a
conclusion.

Incorporate and properly reference the sources of
information obtained from your four assignments, as
well as from any other sources of information that you
deem relevant. To cite your sources, please follow this
procedure:
a.Use in-text citations to indicate references to informa-
tion from outside sources. Include the author?s name
and the relevant page number(s) in parentheses.
Here?s an example: Human beings have been described
as ?symbol-using animals? (Burke 3).
b.Prepare a Works Cited page for each essay, listing all
of the sources you?ve consulted. Use either MLA or
APA format for this page.

Be sure to include all of the information as explained in
?Instructions.?

Style
The student
? Composes each report as a project manager of Juvenile
Administration, as if he or she were submitting the work
to the school district client
? Uses a writing style that conveys accuracy, relevance,
authority, and professionalism

Content
The student
? Provides sufficient and relevant content for each essay
? Responds to each of the issues posed in an accurate
manner
Research
The student
? Provides good quality information gathered from outside
sources
? Provides a diversity of research material included in
proper in-text citations and a Works Cited page
Spelling, Grammar, and
Sentence Structure
The student
? Develops each essay with no spelling or grammatical
errors
? Uses proper sentence structure and a variety of
sentence types

TOPIC: Alternatives to Incarceration for juvenile offenders.

1. Examine the underlying historical and economic reasons behind the quest for alternatives to incarcerating offenders in jails and prisons for juvenile offenders.

2. Describe three (3) alternatives to incarceration that juvenile courts currently use. Provide examples of such alternatives in practice to support the response.

3. Discuss the significant societal and individual benefits of imposing sanctions or punishments that do not involve removing an offender from his / her family or community.

**IMPORTANT: NO DIRECT QUOTES. PLEASE USE EFFECTIVE PARAPHRASING.**
Juvenile Delinquent Sentencing

Is juvenile delinquency increasing, or do you just hear about it more often? It seems difficult to go even a week without hearing or reading about a juvenile involved in some sort of criminal activity. The public has become more aware of juvenile crime and, especially after several well-publicized school shootings, has demanded stricter juvenile sentencing.

Consider what you have learned about normal adolescent development and decision-making skills?do you think juveniles are capable of truly understanding their legal rights as well as the entire sentencing process? In addition, are most adolescents capable of effectively participating in their own defense? In this Discussion, you apply what you have learned about juvenile sentencing to a "real-life" case, as you evaluate the effectiveness of the juvenile sentencing process.

To prepare for this assignment:

? Review the Sanborn, Jr. (2009) article, focusing on case law that relates to a juvenile's competency to stand trial.

? Review the Sellers & Arrigo (2009) article. Note the case law related to developmental maturity and competency.

? Review the Stickle et al. (2008) article. Think about the pros and cons of the teen court process, and consider how it might be appropriate for some juvenile offenders.

? Review the Peterson (2009) article and consider the use of teen courts as a "positive alternative" to traditional juvenile justice sentencing.

? Focus on legal issues related to juvenile offenders.

? Think about juvenile justice sentencing practices and consider what works and what needs improvement.

? Find a case about a juvenile offender in local, state, or nationwide media. Note the sentencing for the offense and consider whether you think it was appropriate.

? Reflect on juveniles' ability to understand their constitutional rights, and their capacity to participate in their own defense.

With these thoughts in mind:

Write an analysis of two factors that should be considered when sentencing a juvenile offender. Then, using the example of your selected case, explain why these factors are important. Remember to cite your case, using correct APA style.

IMPORTANT - Be sure to support your response with specific references to the Resources provided.

Treatment versus Punishment - That is the Question!

When looking at the relationship between social justice and juvenile justice, there are two over arching concepts when addressing juvenile delinquency - treatment and punishment. These two concepts have driven a cycle of changes in the juvenile justice system over the years. Your task is to support your premise that your state or city should either implement a philosophy of treatment or punishment for juvenile offenders for a specific crime or criminal justice issue identified in your paper.

Explain the differences between the treatment and punishment concepts. Build the case for which one you believe has the stronger position based on your research and the crime or criminal justice issue you selected to study.
Review the juvenile crime statistics between three cities or states in three different parts of the country (e.g., Boston, Chicago, and Seattle) for a crime or criminal justice issue. Incorporate a graphic display to present your findings. Be sure to include at least three demographic items, such as gender, ethnicity, race, education, or socio-economic status, in your analysis. Ensure you standardize your data (i.e., 1:1000; 1:10,000; or 1: 100,000) and incorporate the scale in a key for each chart.
Identify the prevailing thought in the city or state: Is it treatment or punishment? Analyze the differences in the recidivism rates between the cities or states you have selected? Is recidivism the best indicator of success or failure or should we use a different indicator?
In chapters 2 and 3 of the text, our author addresses biological, psychological and sociological theories to help explain juvenile delinquency. Evaluate which of these theories would best support your thesis.
Support which juvenile justice intervention strategy would be effective to counter the crime or criminal justice issue based on your research?
Conclude with a summary of which concept (treatment or punishment) best supports the over arching concept of social justice?

The paper must be ten to twelve pages in length and formatted according to APA style. You must use at least six scholarly resources (at least four of which must be found in the Ashford Online Library) other than the textbook to support your claims. Cite your sources within the text of your paper and on the reference page. For information regarding APA, including samples and tutorials, visit the Ashford Writing Center, located within the Learning Resources tab on the left navigation toolbar, in your online course

An approach to the legislatures interest in creating alternative approaches to dealing with juvenile offenders that would still be handled via the state court's system might be a mandatory, court-ordered educational program for juveniles who have been subject to police contact on a first offense. Create a policy proposal for a court-mandated course that would be delivered in a classroom setting for youths ages 12??"14 with behavioral problems who are affecting the community??"for example, in the schools, in neighborhoods, or in local businesses. Within your policy, incorporate your responses to the following questions:

Would this program be limited to juveniles who have been subject to police contact only for certain classes of offenses (e,g., non-violent, property-oriented, status offenses) with more serious offenses handled through a different approach?
Would these juveniles still go through the system (i.e., be arrested, have a court date for hearing) or would this be a diversion program intended in part to side-step these individuals having a record at such a young age? Explain.
How would the administrative office of the courts be involved in the running of this program? Explain.
Would it be conducted as part of the ADR wing of the office as is a program such as truancy mediation or victim-offender dialogue programs? Explain.
Where would the course be offered? Why?
What types of people would be considered qualified to conduct/facilitate it? Explain.
Are there staff adequately trained already, or would a position have to be opened and staff hired? Explain.
Although a complete curriculum would not be part of this proposal, what are the types of topics that would need to be covered?
Would the administrative office of the courts have any role in creating the actual content?
Would the office oversee creation of the content to ensure its consistency with current law and preferred practices in the state in question?
Are there any models out there that could be used that would allow creation of such a program with minimal cost and start-up time?

**Use references from recent (within last 5 years) sources**

This is the outline and material to be used.

Race and Ethnicity of Juvenile Offenders

This paper will discuss race and ethnicity of juvenile offenders within the United States' criminal justice system. It will show how the family and community are the back bone of support of the youth.

I. The relationship race and ethnicity in the juvenile court system and the decisions made are at a
Disproportionate number.
A. The relationship between race, ethnicity, community dynamics and the juvenile court process
B. Youth of color are over represented
1. Explaining racial and ethnic differences
2. Community structures and cultures in relation to juvenile offenders
a. Delinquent behavior social disorganization
b. Effects of sociostructural factors
II. Racial and Ethnic disparities in court detention decisions
A. Outside court referrals
B. External contributors
1. Community influences
2. Economic influences
III. The media and juvenile crime
A. Television portrayal of juvenile crime in comparison to adult crime in the black race
B. Structural limitations of the news
1. Ethnic blame
2. Accuracy of media portrayal


The following references were used:


References
Dixon, T. L., & Azocar, C. L. (2006). The representation of Juvenile Offenders by Race on
Los Angeles Area Television News. The Howard Journal of Communication, 17,

Jordan, K. L., & Freiburger, T. L. (2011). Examining the Impact of Race and Ethnicity on
the Sentencing of Juveniles in the Adult Court. Criminal Justice Research Review,

Piquero, A. R. (2008). Disproportionate Minority Contact. , 18( 2),

Rodriguez, M. (2007). Juvenile Court Context and Detention Decisions: Reconsidering the
Role of Race, Ethnicity, and Community Characteristics in Juvenile Court Process. Justice
Quarterly, 24( 4),

A split sentence is one in which a juvenile is waived to adult court and then given a juvenile sanction and an adult sanction. If the offender fails the juvenile sanction, he or she will automatically be given the adult punishment.

o What is split sentencing? Describe in detail.

o Provide and describe 1?2 examples of split sentencing successes.

o Provide and describe 1?2 examples of split sentencing failures.

o Based on your research, is split sentencing an effective solution to a juvenile problem? Why or why not?

o Many opponents feel that juvenile offenders issued a split sentence are simply getting off easy. Do you agree with this sentiment? Why or why not?

Using the Juvenile Arrests 2008 bulletin by Office of Juvenile Justice and Delinquency Prevention

Minimum 1,050-word paper summarizing the key points of the Juvenile Arrests 2008 article.

Address the following in your paper:

The overall decrease in juvenile arrests.
The increase in drug offenses and simple assaults.
Implications for juvenile females and members of ethnic and racial minorities.
The increase in arrests of juvenile females and the decrease in arrests of male juvenile offenders for violent crimes.
An assessment of tracking juvenile arrests as a method of measuring the amount of and trends in juvenile crime.

Format paper consistent with APA guidelines. Include 2 academic sources

There are faxes for this order.

paper summarizing the key points of the ?Juvenile Arrests 2008? article. Address the following in your paper:

? The overall decrease in juvenile arrests.
? The increase in drug offenses and simple assaults.
? Implications for juvenile females and members of ethnic and racial minorities.
? The increase in arrests of juvenile females and the decrease in arrests of male juvenile offenders for violent crimes.
? An assessment of tracking juvenile arrests as a method of measuring the amount of and trends in juvenile crime.

Navigate to the National Criminal Justice Reference Service website (https://www.ncjrs.gov/)
?Juvenile Arrests 2008? bulletin by Office of Juvenile Justice and Delinquency Prevention

The objective is to demonstrate the ability to develop a court management policy proposal that addresses the key factors that should be considered to ensure that legal requirements and best practices in management are observed. Craft a policy proposal designed to address problems of case backlog and excessive delay in calendaring of hearings that have resulted from the growing workload in state courts. Select the U.S. state court system of your choosing as opposed to a hypothetical or generic state court in an effort to make this deliverable more realistic and to enable the use of information for your research that may be available through actual court administration offices (e.g., via their Web sites or publicly available research reports).

The environment in which this policy proposal is being generated is one characterized by several realities:

State budgets for managing necessary services are shrinking.
The political environment is somewhat unstable because of lack of consensus on how to address various types of social problems, including crime.
Property-related crime is on the rise, including collateral offenses against persons.
Court systems are so overwhelmed that there is growing public perception that public access to timely dispute resolution has become severely constrained.
Correctional facilities are over-crowded, and problems of recidivism have accelerated.
Plea bargaining and out-of court settlement of cases has increased in part as a way to side-step lengthy and expensive court trials.
Certain alternative dispute resolution programs have been operating successfully in many circumstances and jurisdictions.

Produce a policy proposal from the perspective that you are a senior policy analyst employed by a states Administrative Office of the Courts. In this role as a senior policy analyst, you have been assigned to draft a proposal for the court administrator recommending viable options based on the legislatures interests and objectives. The background information that you have been given by your employer is that the Judicial Committee of the State Legislature is very interested in a policy proposal that weighs options for new programs and/or approaches to dispute resolution designed to satisfy the legislatures stated objectives to do the following:

Reduce case backlog
Shorten the average time for court hearings to be calendared and for decisions to be rendered
Avoid the expense of expanding the number of court houses, judges, and associated court staff and/or detention facilities and associated staff
Minimize the need for funding of new programs
Consider the viability of community burden-sharing through partnerships with private (where private includes both profit and nonprofit) organizations and resources
In addition, the judicial committee has specified that it would like to look at a policy proposal that focuses on dispute resolution options related to juvenile offenders that address the legislatures objectives as a pilot test of new approaches to managing court-related services in the existing environment. Thus, the court administrator has asked that the policy proposal be narrowly focused on the juvenile justice division of the state court system.

The policy proposal should exclude considerations of whether any proposed new programs or expansions of existing programs meet existing statutory requirements. For purposes of this project, assume that once the proposal is presented to the Judicial Committee of the State Legislature, that committee will charge the Office of Legislative General Counsel to determine what, if any, statutory changes would be necessary.

Questions the proposal would need to address include the following:

Would it cost the state less to implement a victim offender mediation (VOM) program for juvenile offenders than it would to expand the courts and corrections staff and facility infrastructure?
Would it take the state less time to implement a program such as this than it would to expand the courts and corrections staff and facility infrastructure?
To what extent could a VOM program reduce court case backlog and thereby shorten the average time between arrest and case disposition?
What is the track record of one or more comparable VOM program(s)?
What are the social benefits and social costs of a VOM program for juvenile offenders both to the offenders themselves and to the larger community?
Are there particular types of cases that are appropriate, as opposed to others that the legislature might want to exclude?
What are the major challenges that will be faced by the Administrative Office of the Courts in implementing this proposed policy in terms of the following:
Program development
Training and credentialing of mediators
Selling it to potentially supportive community resources that could become partners with the state in this effort
Case flow and records management
Security issues related to cases being mediated outside of court facilities

Your written assignment is to choose one of the following topics:

1. Current approaches to the rehabilitation of juveniles

2. Rehabilitation of juvenile sex offenders

3. Violence prevention programs for juvenile offenders

Additional requirement: In your essay, discuss how your topic relates to the Saint Leo core value of responsible stewardship.

This is a research-based assignment and cannot include any personal opinion, experience, or hypothetical scenarios. Consider using the readings for this module as a starting point and then use the research literature to gain a more in-depth view of what each group deals with
in the course of their professional work. This must be in APA format and include a cover page, abstract, discussion, conclusion, and references. Your paper should go beyond the obvious, be written at a graduate level, and must be at least 1,200 words in length. You must use at least two outside scholarly and/or professional sources other than your textbook. Remember, all resources including, but not limited to, journals, magazine, and/or books must be properly cited using APA style

One area of organization that may be helpful would be to organize the paper as follows:Title page, Abstract (one paragraph). Introduction (one paragraph) Review of the Research (majority of the paper), Conclusion(one or two paragraphs at most). Discussion may be misleading in that this is not the place for you to discuss your opinions about the topic.The majority of the paper should be a review of what the current research tells us about the topic. More research is better than less. In this section, there should be almost no paragraph that is uncited unless it is common knowledge. Definitely no opinion or opinion based language

Customer is requesting that (missionduo) completes this order.

Scenario Summary


John Black, now a 14-year-old boy from a single parent home, has been ordered to complete five years of probation and a community-based anger management program for the offense of possession of a firearm while on school property. After spending six months on probation and completing a three-month course on anger management, you notice for his bi-weekly check-in that John has what appears to be a tattoo on his hand between his thumb and his first finger. After examining it, you realize that he has the symbol for the local gang, The K Street Boys. You try to talk to John about this, but he basically avoids your question. You also have to do a random drug screen on John because he has not had one in a few months. The results of the drug screen come back positive for crystal meth and marijuana.

Your Role/Assignment

You are the probation officer.

Identify and discuss the risk factors that are associated with drug abuse and gang membership by juvenile offenders. Be sure to discuss how race/ethnicity, gender, and social class play a role in both the use of drugs and the participation in gang activities. Please make sure that you discuss John?s situation in your answer.

The term paper should review the most recent literaure on on the topic chosen. The literature may be empirical or descriptive/theoretical. must be defined and narrowed. double spaced, 12 font. should include critical review of at leaset 3 scholarly sources. Journal articles or legal decisions, not books. material from the internet not published elsewhere is not acceptable. references to other sources may be used to support claims or comments made in the paper. must be written in a research/sholarly format rather than journalistic. must be APA style. it should be a critique and analysis of the souces including conceptual/methodological issues. each paper must have a title, abstract and references. subheading used where appropriate. Future research, as well as integration of Multisystemic treatment (hennegeler et al. ) should be incorporated where applicable. policy implications should be added where apllicable.

Copy of original proposal below:
Antisocial Behavior in Females with Comorbid
Diagnoses of ADHD and Conduct Disorder
Detention centers and residential treatment facilities are replete with male and female youth that have been in and out of the juvenile justice system for many years. Although the majority of the populations in these facilities are male, the number of female juvenile offenders is on the rise. Many of the children in these facilities have a history of behavioral difficulties that may or may not have been diagnosed or even a focus of attention during much of their childhood. Female antisocial behavior and conduct disorder has often times gone overlooked due to the abundance of research available for males. There are some people who even question the existence of ADHD in females at all. A study conducted by Pineda et al. showed that a significant number of females in their study did in fact score high on their AD/HD scales, although males were still higher (a ratio of 1.5:1). However there were many possible explanations noted by the authors for these differences. For example, the fact that diagnostic criteria may differ across cultures has been a common explanation for many differences in abnormal behavior. The possibility that males show more severe symptoms of AD/HD than females which leads to the lack of female diagnoses and a wealth of over diagnosed males was also cited as a possible explanation for the difference in outcome data.
The focus of this paper will be AD/HD in females and its connection to antisocial behavior in young females. There will be less focus on the actual disorder, although it is of importance, and more focus on the connection between those female juveniles that are exhibiting antisocial behavior in the presence of other disorders, specifically AD/HD and Conduct Disorder. The symptoms and course of the disorders will be touched upon in the body of the paper as well

Constitutional law is historically rooted in case law. To study case law, students have traditionally written case briefs to understand the nature and complexity of legal issues considered in specific cases. For your Final Project, you will read and brief a recent U.S. Supreme Court case concerning the application of the death penalty.
The case is Roper v. Simmons, 125 S. Ct. 1183, 2005 U.S. Lexis 2200 (March 1, 2005), in which the Court ruled 5-4 that executing juvenile offenders is unconstitutional. The case can be found on either Lexis/Nexis or Findlaw.
It should conform to the following structure:
1. Name of case Always underline or italicize the full name of the case.
2. Facts of the case A one paragraph summation of the main facts that a reader of the case would need to know to understand the decision.
3. Issue(s) The principal question(s) presented to the Court for consideration. In all cases there is at least one issue; there are rarely more than three issues.
4. Court Decision/Answer A one sentence statement explaining the Court's actions on the case. The four possible actions are affirm, affirm and remand, reverse, and reverse and remand.
5. Rationale/Reasoning for the Decision A brief summary of the Court's reasoning as found in the majority opinion of the Court.
6. Holding A one- or two-sentence statement of the main legal principle established or reinforced by the case.

Christian Ethics - Religion 224

Reflection Paper Guidelines

Essay Town,
My topic is Capital Punishment.I am normally Pro Death Penalty, but there are always circumstances which could lead me to be against it. The Reflection Paper is due on 5 May 2010. Please follow the professors instructions below. The professor wants our own opinions in the paper.so feel free to write I feel that.. Please add two "Block Quotes" and 8 "Short Quotes" properly cited. I thank you in advance for a well written paper, I am currently strapped for time and this will take a huge burden off my chest. I have never utilized any system like this. Your product was highly recommended from a fellow student. If all goes well and the paper passes turnitin.com, I will definitely utilize you in the future. Thank you, Mike

NOTE: My comments, within the professors guidance, are "italicized"!
My cell # is 910-551-1432 if you have any questions, Mike

From the Professor;

A reflection paper is a critical analysis of an ethical issue that leads to a decision on the appropriate response to that issue. It is not a research paper, per se, but research is required as a part of the critical analysis of the issue.
Part of the reflection included in the paper is constructing an argument that supports your decision. The paper should present a well thought out, and well developed, rationale for the decision. The decision should be your decision, based on your analysis of the information available from a variety of sources. This is different from merely giving your opinion, or confessing your personal experiences.
The method used to analyze the issue should be based on your own approach to making ethical decisions developed throughout the course. The methodology should be clear and concise, with the following sections:

Issue. The issue you are addressing should be clearly stated. Be concise and to the point. Too broad an issue will be difficult to adequately address in an adequate manner. Framing the issue as a question helps to focus your reflection. The issue should be one you feel important and worth the effort required to do the paper.
Reflection. Your approach to reflecting on the issue may vary depending on the methodology you use. You should cover all the sources of information or guidance presented in the text and in class. This section is where you analyze the information and determine how that bears on your decision.
This is also the section that will require the most research. The information considered in the decision making process comes from some source. Be sure to use reliable sources and give the appropriate credit to those sources (I normally use the Gale Research sitebut I am sure you have many other reliable sources, Mike).
Even if you discount information from some source, there should be evidence within your reflection that the information was considered. There also should be some rationale as to why that information was discounted.
Research also should be a part of the use of the Bible and Christian tradition. For example, there may be more than one translation of passages. There certainly will be more than one interpretation. You will want to compare the options in making your decision. Scripture should be supported with chapter and verse references. (Essay Town, Please include/reference portions of the bible referencing Capital Punishmentnote the attached document from my text book An Introduction to Christian Ethics, 5th Edition, by Roger H. Crook which contains several references to verses in the Bible..please use some of them in the paper. Mike)
Regardless of your methodology, you should strive to identify your feelings and preconceived biases (I am Pro death Penalty, I believe in an Eye for an Eye like the Old Testament, Mike). The goal is to identify these things early in the reflection process, so that the reflection can be based on an honest evaluation of the information available. You do not want to prove your point.


Decision. Your decision should be logically and clearly spelled out. Some sort of a decision making process should be evident. Be sure to challenge yourself in this process. Do not just "parrot" someone else's view. Make it your own.
Your decision may or may not reinforce your preconceived idea. If you change a preconceived idea on the issue chosen, you have accomplished something significant.
The paper should be Time New Roman, Double spaced, 12 font type. The paper should have one inch margins and should be at least 8 pages in length. (The paper needs to be written in MLA format with citations throughout the paper and a Works Cited page, Mike)
References should reflect a balanced perspective on the issue. Given the length of the paper and the need to consider information from a variety of sources, six references is probably the minimum number. References should be reputable, so I encourage you to use caution if accessing materials from unknown sources on the internet.



Below is one of my own short essays on Capital Punishment, you could use some of the topics in the thesis paragraph for ideas.


Saving Lives of the Convicted
The United States legal system should abolish capital punishment. First, the Supreme Court ruled that it was unconstitutional to execute a mentally ill person in 2002. Several organizations estimate ten percent of inmates suffer from mental illness (qtd. in Fields). Secondly, technological advances are proving the innocence of convicted offenders. DNA testing is liberating numerous inmates previously sentenced to death (Death-Row Inmates Decline). Finally, attorneys assigned to defend capital punishment offenders must be competent. All too often, poorly qualified lawyers represent death row offenders (Keilen and Levin). The United States legal system must reconsider their previous mandates and abolish the death penalty.
Scott Panetti, an individual diagnosed with Paranoid Schizophrenia, murdered his wifes family in 1992. The Supreme Court barred Texas from executing a mentally ill inmate for murder, ruling that competency standards used in his case were too restrictive (qtd. in Fields). Anthony Kennedy, a Supreme Court Justice, stated that the court failed to account for Mr. Panettis condition. Due to Mr. Panettis disease, Kennedy questioned the defendants ability to understand why the court sentenced him to death:
An expansive pronouncement on mental illness and the death penalty would have implications for hundreds of inmates. There are more than 3,300 people awaiting execution in the U.S. according to the Death Penalty Information Center, a nonprofit group critical of how the death penalty is administered. Various organizations conservatively estimate that at least 10% of them suffer from serious mental illness. In all, about 17% of the nation's prisoners have a diagnosis of serious mental illness. (qtd. in Fields)
Justice Kennedy declared, "Gross delusions stemming from a severe mental disorder may put an awareness of a link between a crime and its punishment in a context so far removed from reality that the punishment can serve no proper purpose (qtd. in Fields). The Supreme Courts ban on cruel and unusual punishment for the mentally handicap can be applied to juvenile offenders as well. Legal experts state that juvenile offenders, like the mentally impaired, are not able to comprehend their crimes due to an under developed mind (Greenberger).
The criminal justice systems advancement in forensics technological is providing evidence, which is liberating many previously convicted individuals. Deoxyribonucleic acid, commonly referred to as DNA, is the key of freedom for the innocent. The number of inmates sentenced to death has dropped because of DNA testing and questions the effectiveness of public offenders and whether the death penalty is being applied fairly (Death-Row Inmates Decline). In numerous cases the use of DNA testing proved that capital punishment ofenders, who were sentenced to die, were innocent. Unfortunately, these wrongly accused individuals served multiple years behind bars prior to their liberation. Today, the new technology of DNA testing is assisting the condemned prove their innocence (Keilen and Levin).
The legal representation of many convicted offenders, both past and present, is pitiable. The United States legal system needs to ensure that every convicted inmate is presented a professional and competent counselor. When our government seeks to exercise the ultimate power of life and death over one of its citizens, it has the highest responsibility to ensure fairness, accuracy, and integrity at every step of the process (Keilen and Levin). The lawyer for Johnny Ray Johnson, a man charged with murder, failed to discover that his client sustained a troubled childhood and suffered from mental retardation. In numerous situations the lawyer fails to act as counsel, never meets the client, or fails to properly advise him on developments regarding the case. There is evidence that some attorneys copy old petitions and utilize the information for new cases. Furthermore, these attorneys forgot to change the names of the trial exhibits, lawyers, and even the judge (Greenberger).
The United States legal system has executed 1,099 inmates from 1976 through 2007 (Keilen and Levin). Numerous mentally ill or retarded individuals were denied the right to a fair trial (Satel). The advancements in DNA testing are proving the innocence of numerous previously convicted offenders (Death-Row Inmates Decline). Every person facing trial has the right to a competent legal counsel. The condemned on death row contain a one-in-three chance that their case is presented by a competent attorney. As of April 1, 2008, 128 death row prisoners nationwide were cleared of charges and freed from imprisonment (Keilen and Levin). The legal system in the United States must evolve and abolish capital punishment.






Works Cited

Death-Row Inmates Decline. Corrections Today 1 Feb. 2007: 12. Criminal Justice
Periodicals. ProQuest. 24 Jun 2009 .
Fields, Gary. Supreme Court Bars a Texas Execution. Wall Street Journal [New York,
N.Y.] 29 Jun 2007, Eastern edition: A.4. Wall Street Journal. ProQuest. 23 Jun 2009 .
Greenberger, Robert S. The Economy: Supreme Court Narrowly Refuses To Consider
Death-Penalty Plea. Wall Street Journal [New York, N.Y.] 22 Oct 2002, Eastern edition: A.2. Wall Street Journal. ProQuest. 23 Jun 2009
.
Keilen, Andrea, and Maurie Levin. Moving Forward: A Map for Meaningful Habeas
Reform in Texas Capital Cases. American Journal of Criminal Law 34.2 (2007): 207-275. Criminal Justice Periodicals. ProQuest. 24 Jun 2009
.
Satel, Sally. It's Crazy to Execute the Insane. Wall Street Journal [New York,
N.Y.] 14 Mar. 2002, Eastern edition: A18. Wall Street Journal. ProQuest. 23 Jun 2009 .


Below is the example paper the professor gave us to review. I just wanted you to see how the writers opinion was included in the paper....I'm not used to writing papers with opinions...but I guess that would make it easier to write.


A Christian's Response to the Debate Over Mandated Prayer in Public Schools
By
Religion 224 Christian Ethics 22 July 2004

What stance should a Christian take on the issue of prayer in the public school
system? The debate over mandated prayer in public schools has been in existence since the mid-nineteenth century. Opinions on the matter vary from person to person instead of religion to religion due to the fact that there are often disagreements between members of the same denomination. A number of different aspects will be analyzed while trying to arrive at a decision on this matter that will be ethical in the eyes of the Christian community. First, a look into my personal experience on this issue will reveal any biases that I may have regarding this subject. Second, a look at culture will evaluate the social implications of mandated prayer in the public school system, any cultural biases, and any religious traditions that might be pertinent. Lastly, a look at Christian tradition, including scripture and any additional thoughts by members of the Christian community will be evaluated. These three areas make up the Relational Tri-polar Methodology and will be used to work through a variety of viewpoints on this matter and ultimately anive at a well thought out decision on this issue.
Before I begin with any historical information or debate, I feel that it would be wise to let you, the reader, know where I stand on this issue. I was raised in a variety of different settings, from a "regular family" type horne to a few state-sponsored group homes, none of which had any foundation in religion. During one of my short stays at my mother's house, she found that I had befriended a girl whose family were selfproclaimed Born Again Christians. From the moment that she found out; she forbid me to play at her house or accompany the family to church. Then the group homes in which I resided were state-sponsored and were not allowed to encourage any type of religious activity to include any spiritual guidance or daily prayer. None of the many, many public

schools that I have attended were religious based and none participated in any type of teacher led prayer. I can always remember being interested in religion and have always prayed in the way in which I felt was right. I have never officially been indoctrinated into a specific denomination but have always felt as though I had and continue to have a relationship with God. As my previous religious back round, or lack there of, shows, I have not been influenced in any way, either for or against mandating prayer in the public school system.
The argument regarding religion and public education is an issue that has stirred up controversy within the American public since the mid-1800's. This topic has often been clouded by confusion and misinformation by people both for and opposed statesponsored prayer in public schools. This issue has been brought before the Supreme Court many times with the wording of the first Amendment of the United States Constitution in constant question. For one hundred and eighty five years prayer was allowed in public settings and was even the first order of business at the Constitution Convention. In 1961, the Supreme Court removed prayer from the public schools in the case Engel Vs. Vitale. They found that because the Constitution prohibits any law respecting the establishment of religion, officials of public schools could not compose public prayer even ifthe prayer was considered denominationally neutral. The parents that brought this case before the court included multiple denominations such as Christian, Jewish, Unitarian and not one of them wanted their children subjected to state-sponsored devotions. The court agreed that this scenario equated to the government promotion of religion, which is forbidden by the 151 Amendment of the U.S. Constitution (The Myth, I). In 1963, the Supreme Court ruled on another case dealing with school prayer. In

Abington Township School District Vs. Schempp, the comi proclaimed bible reading and the reciting of the Lord's Prayer to be unconstitutional (American's United, 1).
The cloud of misinfonnation and confusion comes about from individual or groups interpretation of the phrase "separation of church and state". People that are in favor of prayer with in the school system stress that the words separation, church, and state do not even appear in the 1 sl Amendment, and indeed they are correct. For the record, the 1 sl Amendment of the Constitution reads as follows:
"Congress shall make no law respecing an establishment of religion, or prohibiting the free exercise there of.. ." (The Myth, 1).
The whole notion of separation of church and state was created by Thomas Jefferson in January of 1802 in a letter addressed to the Danbury Baptist Association of Connecticut. The portion of the letter that applies is as follows:
"1 contemplate with solemn reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting free exercise there of, thus building a wall of separation between church and state." (Jefferson, 1)
Jefferson borrowed those words from Roger Williams, a prominent Baptist preacher, because he was not a member of that denomination and was trying to establish some common ground. Roger Williams stated,
"When they have opened a gap in the hedge or wall of separation between the church and the wildemess of the world, God hath ever broke down the wall itself, removed the candlestick, and made his garden a wildemess, as at this day. And that therefore if He will eel' please to restore His garden and paradise again, it

must if necessity be walled in peculiarity into Himself from the world ... " (Erdsmore, 243)
The "wall" in the previous quote was understood as one-directional; its purpose was to protect the church from the state. Early American people had in their recent memories what happened in England when the government established the church. England forbid worship in private homes, and the people were forced to go to a "state" established church. No other denominations were allowed to exist and attendance at church was
mandatory. Violators were either imprisoned or tortured. A large majority of people in England were tired of the mandated religion and were in search of a place that provided freedom of religion not freedomFom religion. Not long after the migration to America occurred or fore fathers created the Constitution on biblical principles. An example would be found in Isaiah 33 :22, which states that "the Lord is our judge, the Lord is our lawgiver, the Lord is our King ... " (Isaiah 33 :22) The fore fathers used this scripture and created the three major branches of our government to include judicial, legislative, and executive. It was felt that due to man's corrupt nature that there needed to be separate powers, a system of checks and balances within the government.
People that are for prayer within the public schools raise issues such as if the fore fathers were so against prayer in a public forum, then why did many of their meetings
and conventions begin with a prayer. In the court system, we swear on the bible in the courtroom prior to testifying and that means that by doing that we acknowledge that God will judge us eventually if we do not tell the whole truth and nothing but the truth, so help us God. Even on our currency, on all dollar bills and coins, it proudly emblems the trademark slogan "In God We Trust", and all Americans of all denominations use that

money without complaining or protesting. People that support prayer in schools also say that our fore fathers advocated the use of God in our lives. The only reference made between the two being separate is that no ONE religion would take precedent over another. That was why the people of England originally came to America; not to rid themselves of God but instead, be able to worship Him in their own individual ways. The constitution was written for our government to be morally and ethically correct in the eyes of God, not to abolish him from our laws and practices.
The Southern Baptist Christian Life Commission (CLC) provided its aid in support of a proposed amendment to the Constitution to permit voluntary school prayer created by former speaker Newt Gingrich. This raised a lot of controversy that hasn't been addresses since the 1962/1963 Supreme Court rulings that forbid government sponsored prayer and bible readings in public schools. The initial draft of the proposal read:
"Nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. No person shall be required by the United States or by any individual state to participate in prayer. Neither the United States government nor any state shall compose the words of any prayer to be said in public schools." (To alston, 1)
In fact, most Southern Baptists favored a "carefully crafted prayer amendment".
There was an article in the December 1991 issue of Time magazine called One Nation Under God: Has the Separation of Church and State Gone Too Far. The best paragraph in support of prayer within our public school system is as follows:

"For God to be kept out of the classroom or out of America's public debate by nervous school administrators or over-cautious politicians serves no-ones interest. That restriction prevents people from drawing on the country's rich and diverse religious heritage for guidance, and it degrades the nation's moral discourse by placing a whole realm of theological reasoning out of bounds. The price of that sort of quarantine, at a time of moral dislocation, is and has been, far too high. The courts need to find a better balance between separation and accommodation, and Americans need to respect the new religious freedom they would gain as a result." (Gibbs, 1)
A group called the Baptist Joint Committee (BJC), which is part oflarger group called the Interfaith Coalition, disagreed with this article stating that an amendment to the Constitution would actually threaten religious freedom. This group is actually opposed to any new amendment and wrote a letter to former President Clinton expressing their vIews. The BJC lists four of their major oppositional viewpoints as follows:
1.) Students already have the right to pray in public schools. The can pray privately anytime they want to (in class, lunchroom, playground) as long as it is not disrupting others. They can even pray aloud in groups as long as it is not during a time of instruction.
2.) It is dangerous to mess with the First Amendment because for over two centuries it has been the pillar ensuring religious liberty.
3.) It "politicizes, governmentalizes, and secularizes prayer", and it "trivializes prayer" by reducing it to a brief and hollow ritual.

4.) The BJC is not opposed to prayer, it believes in it so much that they don't want the government meddling in it. The belief by this group is that prayer should be lifted to the houses of "worship, family, and the students themselves." (Toalston, 2-3)
SuppOliers of the amendment counter the above arguments by stating that:
"V oluntary school prayer will not be a cure all for society's misdeeds but prayer can be a good first-aid for what public schools need. American's can do a lot after we have prayed, but cannot do more until we have prayed. An acknowledgement that God is creator, and that students are moral creatures with the capacity to choose right and wrong, is a critical first ingredient for restoring
public morality." (Toalston, 4)
I recently spoke with a Christian friend of mine, one with a very strong foundation within her denomination, and read to her the arguments that support and oppose this issue. 1 thought she would be for school prayer but her strong response in favor of opposition surprised me. She had stated that starting the school day with a moment of silence is all right, but was strongly opposed to starting the day with what she called a "generic prayer". In her belief, the moment of silence could be used for her child to gather himself for the upcoming school day. She also stated that she would never support the idea of an added amendment to the Constitution that reintroduced prayer into public schools. She would not allow her child to be led in prayer by someone whose religious beliefs she did not know. In her thoughts, it would just be empty words with little religious meaning. There are many faith groups that join in my friend's beliefs and oppose any amendment to support the introduction of government-sponsored prayer

within the schools. Some of those groups that are opposed include: American Baptist Churches-USA, Americans Jewish Congress, Anti-Defamation League, Central Conference of American Rabbis, Christian Church (Disciples of Christ), Evangelical Lutheran Church in America, Friends Committee on National Legislation (Quakers), General Conference of Seventh Day Adventists, National Council ofJewish Women, Presbyterian Church-USA, The Church of Christ (Scientist), Unitarian Universalist Association, United Methodist Church, and many, many others. (Americans United ... ) There was no shortage of viewpoints from those opposed the amendment but finding names of groups that were in favor was a bit more difficult.
Statistics show that over ninety percent of this nation's children attend public school. These children come from homes that practice a wide array of religious beliefs and practices. It seems as though the hardest past of this debate is coming up with a solution that respects the rights and beliefs of everyone involved. The Supreme Court cases discussed earlier in this paper are prime examples of the government's viewpoint
on this issue, they have been continuously vigilant in forbidding schools interference with citizens rights to practice their own religious beliefs and that mandated school prayer had no place in the public school system. These court rulings are where a lot of the confusion and misunderstanding began and still lies. The court did not rule that students are forbidden to pray on their own; they only ruled that the state or school could not formulate a generic prayer for the students to recite. Additionally, they cannot sponsor bible readings or force students to recite the Lord's Prayer. These acts would equate to a violation of the first amendment because a mandated school prayer would prohibit the free exercise ofreligion. Therefore it is unconstitutional.

Everyone is this country is not a Christian. Yes, this country was founded upon Christian beliefs, but one of its most basic core beliefs is liberty. Liberty gives people the freedom to practice whichever religion they choose. The Supreme Court did not remove prayer from public schools, only government-sponsored worship. Public School students could and can always pray on their own; schedule permitting. Actually in 1990, the high court ruled that public school students could form religious type clubs that meet in noninstructional time to pray, read religious topics, as long as all denominations are given an equal chance to form the same type of club. (Americans United ... ) Overall, the belief is that the Llse of religious material used in school, such as materials for a History course, must be one of education not devotion. Public schools cannot preach to students; this would be seen as a strong persuasion by the state for students to adopt certain religious beliefs. It is believed by most parents polled that parents, not schools, should be ultimately responsible for a child's religious upbringing. (Gibbs, 1) Since the 1990 mling, there have been guidelines sent to every school in the nation by the Department of Education that stresses that students have the right to pray or discuss religion with their peers as long as they are not disruptive.
Those in favor of prayer continue to press for religious majority rule in the schools but this allows for government intmsion, and in a way uses public school as a means to evangelism. The belief by those opposed is that the religious neutrality of public education must be preserved. This allows schools to grant free religious expression to all denominations without the focus being on one single faith. Any mandated school prayer would be seen as evidence that the state sponsors the beliefs and

practices of a single faith group. The right of an individual to practice a religious faith stops when it interferes with the right of another person to practice theirs.
The biblical scripture does not conclusively promote one viewpoint or the other.
One could make some presumptions on the scripture, but it definitely is not a blatant issue. In many of the pieces of scripture I found that discuss the subject of prayer, it seems to support a more private, intimate picture of prayer. It seems as though the relationship that Jesus had with God was intimate and private, without public display. One ofthe most vivid examples that would support a more private prayer session as opposed to a public setting came straight from the mouth of Jesus. "And when you pray, do not be like the hypocrites, for they love to pray standing in Synagogues and on the street corners to be seen by men ... But when you pray, go into your room, close the door, and pray to your Father who is unseen." (Matthew, 6:5-6) Additional pieces of scripture that have been taken from the time of Jesus' ministries that supports an intimate view of prayer are as follows: "After he dismissed them, he went up on a mountainside by himself to pray ... " (Matthew, 14:23), "Then Jesus went with his disciples to a place called Gethsernane, and He said to them 'sit here wi]] I go over there and pray'" (Matthew, 26:36), and "Very early in the morning, while it was still dark, Jesus got up, left the house and went offto a solitary place, where he prayed". (Mark, 1 :35)
In each of these instances, Jesus' prayers were a private event, one that existed between God and Himself. Jesus does state that prayer should be done alone, in the privacy of your room, with the door closed. There are many examples of Jesus preaching and ministering in public but his prayers were always accomplished in private.

In opposition to the previous belief, there is some scripture that could be used, if interpreted that way, to support prayer in the public schools. Some examples include:
"And pray in the Spirit on all occasions with all kinds of prayers and requests ... " (Ephesians, 6: 18), and "I want men everywhere to lift up holy hands in prayer, without IIlIger or dispufing" (1 Timothy. 2: 18). Other than the scripture at one point in Ephesians that advocates prayer on "all occasions", I was unable to find any scripture that promoted public prayer. Actually, as I mentioned previously, the words spoken by Jesus promoted solitary prayer.
From my research, most people or groups are either strongly in favor or opposed to this subject. I only found one exert that walked the middle line and that piece of literature came from the college text An Introduction to Christian Ethics. The author Crook states that "A major function of the church, and of the individuals who make up the church, is worship ... We can do these things both in the company of fellow believers in a planned service of worship and in solitary and intensely private experiences.
Worship does not depend on a mood, although a spirit of expectancy is conducive to it. It does not require our presence in any particular place or use of any particular symbols ... "
(Crook, 101).
At the beginning of this decision making process, I really could not see the harm in beginning a child's day with a small prayer. Through research and by working through this process, I have formed an opinion on the matter. My opinion reflects what I believe to be the appropriate Christian response on the issue of mandated school prayer. This decision was based on the different key areas to include personal experience, Christian culture, and biblical supported scripture. These three categories and their respective sub-

categories make up the methodology that helped me to arrive at my decision. My decision sides with the large number of groups that are opposed to mandated prayer in the public school system. At first, I thought that I might be swayed in the direction of those in favor, but in agreeing with them I feel as though that is imposing one faith on children of many denominations. Any attempts by the state or government to come up with a standardized prayer would end up being verses of empty words that have meaning for only a few studnts that might have the same type of beliefs that the prayer represents. The religious life of any child should be initiated and fostered within the home and the church of that family's choice. That way, the teachings and the practices are geared toward their own denomination, which is more beneficial in fostering a child's development of beliefs. As for the legality of the issue, our government is not against prayer in the school system. The government has to look out for the interests of all citizens, not just the interests of one religious group. The Supreme Court enforced what was already a part of the First Amendment. They ensured that all people have the right to believe and practice whatever religion they believe without being forced to recite a prayer that has been created by someone whose beliefs aren't even known. Students are allowed to pray in school, as long as the time is appropriate. Students are allowed to participate in religious-based clubs and read scripture and pray in groups aloud, as long as all religions are allowed to come together as a group as well. This country was founded on Christian beliefs but part of being Christian is being accepting of other people and their beliefs. So in goes to prove that a good Christian should respect the fact that there are a lot of students of different denominations that would not benefit from mandated statesponsored school prayer. The proper Christian response to the question, "Should there be

an amendment to support the recitation of a pre-scripted school prayer?" is simply no. The encouragement of a moment of silence so that children can pray to whom ever they consider "God" and maybe take a few minutes to gather their thoughts in our over-paced society; I vote "yes".
We must all remember that this country was founded on principles of freedom of religion, not from religion. We are a society with a very diverse society and we must respect that. We cannot force our beliefs on others; that would make us no better than the original Church of England, the very church in which people came to America to escape. They wanted the freedom to worship as they chose, as most Americans do now. Our forefather's could never of foreseen America as it is today, but the declination in morals within our society cannot be blamed on the fact that there is not a 3-5 minute generic prayer recited by school students each morning. The blame for our society's downward spiral falls mostly on the parents. The parents today want to always find someone else to blame for their children's misdeeds, but the responsibility must fall on the parents ... Not the public schools, not the state or the government, and definitely not on the lack of a morning state-scripted prayer.

References
Crook, Roger H. "Faith Working Through Love" An Introduction to Christian Ethics, Prentice Hall, NJ, 2002.
Erdsmore, John. Christianity and the Constitution, MI: Baker Book House, 1987, pg. 243.
Gibbs, Nancy. "America's Holy War" Time Magazine, 9 December 1991.
Jefferson, Thomas. Jefferson Writings, Merrill D. Peter, ed. NY: Literary Classics of the United States, Inc., 1984, January 1, 1802.
Toalston, Art. Http://www.holysmoke.org/sdhok/sch7.htm December 12, 1994, Baptist Press, Southem Baptist Convention
Http://www .noapath y.org/tracts/mytho fseparation.html "The Myth of Separation of Church and State"







There are faxes for this order.