Alabama Juvenile Justice Process and Corrections

1

Alabama Juvenile Justice Process and Corrections |

RUNNING HEAD: ALABAMA JUVENILE PROCESS

Name

Alabama Juvenile Justice Process and Corrections

University of Phoenix

Course

Instructor

Introduction

The following study will describe the Alabama Juvenile Court Case Procedure in the case of 17-yeard-old, Xander. This juvenile has a previous criminal record that includes gang membership, breaking and entering, possession, and robbery. His criminal conduct started at age 13, so he already has a history of interventions with the local police department and has been previously processed, tried, and jailed. It is important to note that Xander does have a concerned parent that lives with him, and haseven reported him to the police. This is important because, as this report will indicate, there will be the need for parental consent in specific issues concerning Xander; having the support of the parent is essential to get things started. The process that Xander will follow after his arrest will be the following:

Intake

The intake process occurs after someone has made a complaint to the court system that grants for Xander to get arrested and taken to the station. In this case, we know that he has already been arrested. We can assume that the officer read Xander his Miranda rights and proceeded to take him to the station for the intake process.

An intake officer assigned to work with juveniles will review the complaint. Then, the officer will decide whether to grant validity to the formal petition to be filed with the court, or if another alternative is available. Given that Xander has a long history or run-ins with the law, it is likely that a formal petition will be filed,and the court will start the process.

The intake officer will then contact Xander’s mother and notify her that Xander has been arrested. He is also responsible for advising both Xander and his mother what are his and her rights, how to get an attorney, court costs, fees, fines, and other dues.

Once a minor is detained, a hearing must occur within 72 hours. The judge will then decide whether Xander goes home back to his mom to wait for his hearing, use shelter care (a service from the Alabama Department of Human Resources for destitute children), or if he needs to stay at the juvenile detention facility. In Xander’s case, he will likely be tried kept in the jail until the hearing. He will likely be charged with a gun crime, which is detailed in Title 13A of theAlabama Criminal Code, like follows:

[…], no person shall carry a pistol about his person on private property not his own or under his control unless the person possesses a valid concealed weapon permit or the person has the consent of the owner or legal possessor of the premises - Ala. Code § 13A-11-52

Section 13A-11-72(b) specifically refers to Xander’s alleged crime:

No person who is a minor, except under the circumstances provided in this section, a drug addict, or a habitual drunkard shall own a pistol or have one in his or her possession or under his or her control.Ala. Code § 13A-11-72

Most of the problem is that Xander is a minor and had the gun illegally. Section 26 of the Alabama State Constitution, states that every citizen “has a right to bear arms in defense of himself and the state.” Still, although Alabama is an “open carry” state, only owners are allowed to carry their own weapons around. Minors cannot be owners of guns.

Informal Adjustment

In some specific cases, a formal complaint can be withheld in favor of an alternative solution. One, would be placing the child in a six-month probation plan with the condition that some alternative program is followed, such as coaching, counseling, or trainings. Parents must participate in the process, as well. If this isn’t possible, the informal adjustment is terminated and due process in court continues its course. The tool that grants permission from parents and guardians of the juvenile in this case is called the “consent decree.”

Adjudicatory hearings

All juvenile hearings are closed to the public and are held without a jury. It is a completely confidential process and it is not to be discussed with anyone, except the juvenile, the family, and everyone legally involved with the juvenile. The records also kept sealed.During a hearing, the only people likely to be present during the hearing, aside from the judge and attorneys, are the district attorneys, family members, case workers and probation officers.

Sentencing and punishment

During the hearing, all testimony regarding the detention and arrest of Xander will be brought up, and the judge will determine whether the evidence and documentation are substantial enough to emit a verdict. They should also need to determine where Xander had the gun. According to the Alabama Code Title 13A: Criminal Code, Chapter 11: “Offenses Against Public Order & Safety”, Article 3: “Offenses Relating to Firearms & Weapons”, Xander would have to be mandatorily expelled from school for an entire year if he was carrying the gun at his school. Those are things to consider.

Moreover, his possession will likely be tried as a Class-C felony, according to this section of the Code. If the evidence shows that he was really carrying, he could be sentenced to up to 1 year and 1 day in jail, and even up to 10 years, depending on what the judge decides to use as criteria. Also, the fines for a Class-C felony can go as high as $15,000. Firearm charges in juvenile cases fall under this category, as well as possession of marijuana, sexual abuse, and theft, among others.

Corrections plan

Judging from his high incidence of misbehavior, it is clear that nobody has conducted a root- cause analysis of what drives Xander to act the way that he does. Does he need to be analyzed by a psychologist? Is he trying to call his mother’s attention? Those questions need to be put together. The school should form a committee, complete with a social worker, school psychologist, counselors, and even the caseworkers at the police station, to try and see what sets Xander off. In order to prevent Xander’s behavior, we need to know what is causing it. Rather than continue to cure an ailment, why not find a way for it not to happen in the first place?

Xander knows the system. He knows how it works, how to play it, and how to tolerate it. That is the part that should be of most concern. If he finds an alternative to misbehavior, an outlet that will detract him from acting up, a lot of time and money will be saved in the long run. Therefore, the proposal is to make a Child Study Committee (CSC) for Xander that involves the police, the teachers, and his parents. Developing a plan for rewards and positive reinforcement may be something Xander has never seen before because the school may consider him to be too old for it. Still, kids like Xander may be emotionally stunned and may appreciate getting the love and attention we all cherished to get as kids. A well-developed “reward per action” program designed by a group of multidisciplinary professionals that truly care to see Xander’s behavior change will be the first step to rehabilitation, and maybe even to Xander’s ultimate redemption.