Judge's Considerations on Jacks & Dianes Case: Age, Offence, Blameworthiness

As the judge presiding over in Jacks' and Dianes' case, the physical, mental and emotional state of the offenders would take precedent.

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• Nature and gravity of the offence- in this present case the offence is theft and simple assault. Another factor to be considered here is if they used weapons.
• Offenders' blameworthiness-taking into consideration that these offenders are aged 13 years old, it is likely that they do not have the capacity to form the mens rea to perform the said act.
• Injury/loss resulting directly from that offence- this aspect is important in order to give equal punishment for equal wrong doings.
• Offender's previous character- if they are first offenders, leniency would be upheld in this case. But if they are second or third offenders it would be a sign that they are rebels and if proper measures are not taken, the society at large would be in trouble.
• Environmental factors-this plays a very big role to the formation of a Childs' ability to know what is wrong and what is right.

Jack and Diane are aged 13 years. They are minors under the law, so this necessitates special treatment. First of all, their case is to be handled in confidential away from public scrutiny (Kupchik, 2006). For instance, initials instead of full names would be essential. Secondly, the reporters would be cautioned against exposing their faces in the media and newspapers. This is important because it will not interfere with the child's ability to be rehabilitated and reintegrated in the society. Thirdly, non-criminal label this is because criminal activities come hand in hand with stigmatization. This may have a negative impact on the growth and development of the child (Cowden & McKee, 2014). Another consideration is to consider the best interest of the child. This necessitates considering a child /adolescent as a person in need of assistance. Instead of punishment they need help to reform (Stanton-Salazar, 2011).

The philosophy that guided this awakening was that children who violated laws were not criminals and should not be treated as such. His or her past behavior, environmental factors and various specialized test could help in forming individualized treatment plan. Here the juveniles are not prosecuted for committing crimes but the delinquent acts. The case of Kent vs United States set up procedures of due process that would be followed when dealing with offenses committed by minor children (Griffiths, 2011). Attorney representation, right to access their juvenile records, a hearing specifically to waiver decision with due process and a detailed judge explanation for the reasons of his verdict. This includes also a right to appeal.

References

Cowden, V. L., & McKee, G. R. (2014). Competency to stand trial in juvenile delinquency proceedings-cognitive maturity and the attorney-client relationship. U. Louisville J. Fam. L., 33, 629.

Griffiths, M. (2011). Does Internet and computer" addiction" exist? Some case study evidence. Cyber Psychology and Behavior, 3(2), 211-218.

Kupchik, A. (2006). Judging juveniles: Prosecuting adolescents in adult and juvenile courts. NYU Press.

Shook, J. J. (2013). Juvenile or adult? Negotiating and contesting childhood in the courtroom. Children and youth services review, 35(8), 1236-1244.

Steinberg, L., & Scott, E. S. (2003). Less guilty by reason of adolescence: developmental immaturity, diminished responsibility, and the juvenile death penalty. American Psychologist, 58(12), 1009.

Stanton-Salazar, R. D. (2011). A social capital framework for the study of institutional agents and their role in the empowerment of low-status students and youth. Youth & Society, 43(3), 1066-1109.