Court Issues Analysis
University of Phoenix
Miguel A. Gomez III
CJ/394 – Criminal Organizations
February 13th, 2013
Carl Heintz, MBA
United States Courts
In today’s society change is more prevalent than ever. The courts system in the United States has also changed over the course of history. As society gets larger and current laws and regulations become outdated, the courts must re-evaluate their past and current issues in preparation of the future. Currently, issues such as tougher gun laws and juveniles being tried as adults are some examples of what the courts face, along with a vast variety of other important issues.
Briefly, this report will examine current and ...view middle of the document...
Currently, the issue of trying juveniles as adults has gain much needed attention. One may wonder if it’s even possible to try a teen, much less a child as an adult for a violent crime such as murder. According to the Campaign for Youth Justice (2012), approximately 250,000 juveniles in the United States are treated as adults via trial, sentencing, or incarceration.
Historically, a majority of the states in the United States have used what is known as the discretionary judicial waiver; however, the use of the aforementioned waiver has been replaced guidelines such as age, crime, and the severity of the crime. According to the Youth Law Center (2009) in California, children as young as fourteen years old can be tried as adults; the following are guidelines that must be met for juveniles to be tried as adults in California: the prosecution must file a fitness waiver and it must be determined by a juvenile courts judge that the juvenile offender is unfit for rehabilitation; the prosecution motions for a direct file in adult criminal court; automatic trial as an adult as a result of multiple aggravated offenses at the age of fourteen years old, Youth Law Center (2009). If convicted in the State of California, juveniles may face incarceration in the State Prisons system and punishments received by adults; such as life or the death penalty.
Federal gun control legislation
Since the inception of the United States, gun laws have been a hot topic. The Second Amendment of the United States Constitution states, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” Infoplease.com (2000-2013). In the wake of major shootings in the United States, including the Sandy Hook Elementary shooting, President Barrack Obama has expressed his plans on changing the face of gun laws in the United States. Briefly, the President of the United States (POTUS) proposal for stricter gun laws include: universal backgrounds checks for the purchase of guns, the reinstatement of the 1994 Assault Weapon Ban, and the limitation of ammunition to ten rounds (bullets) per magazine, Infoplease.com (2000-2013). Many gun owners, including the National Rifle Association (NRA) have conveyed their thoughts about the proposed gun law reform and do not agree with it. Many responsible gun owners have expressed that their Second Amendment rights are being infringed on. The irony of the proposed gun reforms revolve around the actual criminal acts being committed; it is well known that criminals never abide by the rules and laws enacted to keep order and safety of the land and its citizens. Considering the aforementioned facts, demanding that a universal criminal background check be emplaced will not catch the criminals that have been making their own rules up over the illustrious history of the United States; posing a round limitation and banning assault rifles only give the quasi perpetrator the...