Preview

Procedural Safeguard Case Study

Satisfactory Essays
Open Document
Open Document
146 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Procedural Safeguard Case Study
a. A Procedural safeguard under Due Process Clause of the Fourteenth Amendment is that a parents or guardians should be present during the interview, and proceedings. I believe that this is a very good safeguard to use with Juveniles. I believe this is a good safeguard because as a child one might not fully understand what is happening. With the safeguard in place the juvenile’s parents are now involved and they may have more of an understanding of what is happening. In the case of Grant Gault, it looks as if the court did not inform them of this right and proceeded anyway. Another reason it is a good idea to involve the parents is because the court wants to make sure the confessions are trustworthy. Sometime Juveniles might be intimidated

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Thank you for your opinion and agreeing to implement the safeguard. I am surprised, besides Pat, Don and yourself did no get much of a traction.…

    • 118 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    For the recommendations on the tiered architecture I suggest three-tier architecture. This architecture is the most common. It consists of three tiers; a presentation tier, a logic tier, and a data tier…

    • 429 Words
    • 2 Pages
    Good Essays
  • Good Essays

    “In re Gault Case”

    • 282 Words
    • 2 Pages

    The Gerald Gault case led to a new way of dealing with juveniles. Gault had a lot of misguided rulings that threw him into the State Industrial School. Juveniles now have the same due process rights as adults, allowing juveniles the same opportunities to defend themselves. All the mistakes in the In re Gault Case, eventually led to something good for juveniles rights from that point forward.…

    • 282 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Appendix D CJS/240

    • 530 Words
    • 3 Pages

    I feel there are more points against confidentiality in juvenile proceedings than points for confidentiality in juvenile proceedings. I read some interesting articles on the subject that really made me see why it would be important for the juvenile records to be open for the public to see. The main reason would be safety. I feel that the schools are the main ones that should be able to access these records. They do have the responsibility to keep all the kids safe and out of harm’s way. Schools do background checks on…

    • 530 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    This includes: bullying, threats of harm or abandonment, ignoring, controlling, blaming, intimidation, harassment, coercion, verbal abuse, not giving a client privacy or dignity, isolation or withdrawal from services or support networks. Lack of human contact and inter-action.…

    • 1535 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    Detectives should ensure that all juveniles are separated from sight and sound of any adult inmates during detainment and/or arrest. Every detective should make it his or her priority to notify a parent or guardian of the juvenile’s whereabouts and status as soon as possible.…

    • 331 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    PSY328 final proposal

    • 1936 Words
    • 6 Pages

    Semple, J. & Woody, W. (2011). Juveniles tried as adults: the age of the juvenile matters.…

    • 1936 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    "The history of liberty has largely been the history of observance of procedural safeguards." We agree with this quote because our country is based on the right to have our guaranteed protection of life, liberty and property. Two of the greatest procedural guarantees that insure liberty are the Fifth and Fourteenth Amendments. According to the Fifth Amendment, a capital crime is punishable by death, while an infamous crime is punishable by death or imprisonment. This amendment guarantees that no one has to stand trial for such a federal crime unless indicted by a grand jury. Further, a person cannot be put in double jeopardy for the same offense by the same government. The amendment also guarantees that a person cannot be forced to testify against himself, and forbids the government from taking a person's…

    • 2354 Words
    • 10 Pages
    Better Essays
  • Good Essays

    Procedural Safeguards

    • 409 Words
    • 2 Pages

    Two fundamental rights are protected by procedural due process safeguards, procedural rights and substantive rights (Yell 2016). There are two types of procedural safeguards important to the implementation of the IDEA. Yell (2016) explains that “procedural safeguards guide the method by which school officials make decisions regarding the education of students with disabilities, and substantive due process rights are those personal rights that school officials may not abridge (p. 261). The fundamental reason to follow the established due process guidelines are to protect the procedural rights of parents.…

    • 409 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The U.S. Supreme Court has recognized that juveniles have many of the constitutional due process rights afforded adult defendants: the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. In re Gault, 387 U.S. 1 (1967). Juveniles also have the right to have the alleged offense proven beyond a reasonable doubt. In re Winship, 397 U.S. 358, 368 (1970). The North Carolina Juvenile Code provides additional statutory rights to juveniles, such as the right to have a parent present during in-custody interrogation, the presumption of indigency, and confidentiality of juvenile court records. G.S. 7B-2101(a), -2000(b), -3000(b). The principal rights are discussed in this chapter, although it is not intended to be exhaustive.…

    • 5855 Words
    • 18 Pages
    Good Essays
  • Good Essays

    Working in partnership in Safeguarding children is the action we take to promote the welfare of children and protect them from harm, this is everyoneâ€TMs responsibility. Everyone who…

    • 1171 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Safeguarding Policy Report

    • 3305 Words
    • 14 Pages

    Professional roles Safeguarding Policy Report. The purpose of this assignment is to give a report exploring the development of a chosen policy. The policy I will be given my report on is the safeguarding policy. I will examine, analyse and provide an overview of how this system works in practice in relation to the overall safety of the children within the setting.…

    • 3305 Words
    • 14 Pages
    Powerful Essays
  • Powerful Essays

    1. Adjudicatory Hearing – The Criminal Justice Today textbook defines the term adjudicatory hearing as “the fact-finding process by which the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition” (Schmalleger 510). These types of trials are designated for juveniles, which are similar in nature to adult trials, with notable exceptions. Similarities derive from the fact that the due process rights of children and adults are essentially the same. Essentially, it is a trial process in which a court determines whether or not the allegations contained in a petition are supported by evidence. It is also known as the legal process for resolving some legal dispute and a hearing may be held by a court…

    • 2064 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    I believe there is a need for better quality defense attorneys practicing in the juvenile court system. All processes should be fair, certain and legitimate, which prohibits the government from abusing their powers. Individuals changed with an offense, regardless of age, is presumed innocent until proven guilty. Juveniles are not fully developed in terms of their reasoning and decision making. Therefore, they may not know right from wrong. They make mistakes, or even break the law simply because it seems okay. In most cases, these children do not have an understanding of the law and their rights. And because of this, they self incriminate themselves without knowing. When children come before the power of the court, it is extremely important…

    • 223 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Safeguarding is an important aspect of working with children as it ensures that children are looked after appropriately for example keeping children from having accidents and protecting them from any other unwanted behaviour in the nursery. It is also providing a safe environment with no hazards this could be by doing a risk assessment before the children play outside to stop them from being harmed. While playing outside or during an activity that use any equipment that they need to be supervised it is important to be attentive and aware of any hazards. This could mean doing a risk assessment before the activity to ensure they are safe and have the correct ratio of adult and children. “Everyone has a responsibility for safeguarding children…

    • 450 Words
    • 2 Pages
    Good Essays