Paper Sample on Juvenile Delinquency: Case A of 13-Yr-Old Brian

As a juvenile probation officer handling Case A of the 13-year-old Brian, I would classify the offence as juvenile delinquency since Brian albeit participated in the illegal activity encompassing tagging a school building with graffiti, vandalism and breaking school widows, he is only but a minor. Following Brian’s legal offence, there is a need for legal action. Since Brian has admitted to the crime, qualifying it as a men s rea following his criminal intent. That is coupled with his vast knowledge regarding his misconduct and being aware that his conduct was illegal, thereby making him guilty as he has already admitted (Legal Information Institute). Brian’s case is therefore not a status offence following its handling, which is a violation of the law that would still be considered as a crime if an adult committed it.

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Under the provisions of statutory exclusions, Brian would never be tried as an adult since he is only a minor aged 13 years and with no prior criminal records. There would, therefore, be no need for passing law as that would transfer the jurisdiction to the criminal court (Office of Juvenile Justice and Delinquency Prevention). Brian’s case would call for the adoption of the juvenile court point of view as a judicial waiver whereby rehabilitation would dominate, coupled with his assessment and treatment. His prior negative records of crime would juxtapose the waiver decision, making him not to be transferred and punished in adult criminal courts (Podkopacz, &Feld 456). Alternatively, there should be an adoption of school-based supervision that serve the youths and families, since Brian is school going student. Such programs would ensure the provision of a full spectrum of services that are both school and community based that would provide assessments to Brian through training, planning, management and adequate supervision of his behaviors both in the city at school. By so doing, Brian would be at a better position of attaining academic success and empoweredmaki9ng his grades to subsequently improve to the A’s and B’s as they initially used to be before they dropped to C’s and D’s.

Additionally, Brian’s case would require a delinquency petition that would be filed by his attorney since Brian is a minor and the appeal of the delinquency should state that acts are probing Brian within the jurisdictions of the court. That would be for the interest of Brian as he would be declared delinquent by the juvenile court upon which there be a judicial hearing to determine whether Brian is culpable. Since Brian has both biological parents who are willing to pay for the damages caused by Brian, there would be no need for parens patriae requiring the government to act on his behalf or reassigning his custody. Conversely, there would be the introduction of opportunity focused supervisions under juvenile supervision for Brian by the probation supervisor in the quest of helping to steer Brian away from crime (Miller).

Conclusion

Finally, the case would be recommended for an adjudication process as a way of resolving the situation without resorting into expensive and lengthy court proceedings. That is following the fact that Brian's annual family income is $ 65,000, meaning that they would not afford a good lawyer. Also because Brian's family have agreed to p[ay the complete restitution Going to court would, therefore, be expensive and lengthy, especially for Brian, who needs more time to concentrate on his studies. The school administrators of Brian and his parents should hence opt for an adjudication process whereby there would be a formal process encompassing detailed submissions reports from the experts. Statements of the witness and since Brian's parents were already willing to pay complete restitution, and it would be more comfortable and more convenient as Brian is placed in school-based probation.

Works Cited

Legal Information Institute. “Mens Rea.” Cornell Law School, 1992,

https://www.law.cornell.edu/wex/mens_reaMiller, Joel. “Crime and Delinquency: Probation Supervision and the Control of CrimeOpportunities: An Empirical Assessment.” Sage Journals, Jun.2012,

https://journals.sagepub.com/doi/10.1177/0011128712443186Office of Juvenile Justice and Delinquency Prevention. “Juvenile Justice Structures andprocess.” US Department of Justice, Office of Justice Programs,2009,

https://www.ojjdp.gov/ojstatbb/structure_process/qa04112.asp?qaDate=2009
Podkopacz, Marcy and Feld Barry. “The End of the Line: An Empirical Study of JudicialWaiver.” The Journal of Criminal Law and Criminology, vol.86. no.2,1996, pp.449-492,

https://www.jstor.org/stable/1144033?seq=1