Juvenile Law

Juvenile law governs the treatment of under-age who committed crimes. Under the law, a juvenile delinquent is someone under 18 years old who committed a crime or who violated rules. Juvenile delinquent is used interchangeably with youth offenders or delinquent minors. Juvenile minors, as they are often also called, have their own courts and are not treated the same way as adult criminal offenders due to the fact that minors need more guidance and care from the state.

Application of juvenile law vary on a state to state basis. The main precept is that the state is obligated to provide care and protection for the children within the state under the doctrine of parens patriae. Most, but not all, states have a juvenile code that brings together all rules and regulations governing the treatment, custody, and supervision of minor offenders. The federal government enacted the Juvenile Delinquency Prevention and Control Act of 1968 to address the increasing incidences of minors committing crimes and the negative effects on minors when placed in mainstream correctional facilities. The federal legislation provides guidelines that should be complied with by the states in their application of their own sets of juvenile laws.

To be considered a juvenile delinquent also varies from state to state. State juvenile codes differ in their definitions of what are considered juvenile delinquent acts. In some states, mere disobedience from parents is considered a juvenile delinquent act. In other states, school truancy and curfew violations are considered juvenile delinquent acts. In all cases, drinking alcohol is a juvenile delinquent act.

Due to the age and, often times, the level of maturity of, the minor offender, cases dealing with juvenile delinquents are delicate and sensitive. Hearings on juvenile delinquency cases are done in a confidential manner in order to protect the child. Courts also do not conduct the hearings like a typical criminal trial where the accused is subjected to thorough examination and cross examination. In juvenile delinquency cases, child specialists such as psychiatrists and counselors are employed to help adjudicate the cases with the goal of rehabilitation, rather than punishment. Juvenile delinquents are afforded the same, if not, more rights than adults who are accused of committing crimes. For most juvenile delinquent acts, the penalty would be paying a fine, community service or counseling.

The minor can also be sent to home confinement, to a foster group or to a special juvenile detention centers. Minors are provided separate facilities and are aided with social workers and probation officers whose goal is to help the juvenile avoid a life of crime. In rare juvenile delinquency cases, such as when the minor commits murder, the accused is sent to adult prisons, although they are still given separate facilities by virtue of their age. States have not agreed as to a uniform age when minors should be held responsible for their criminal behavior.

Being charged with delinquent acts is not easy especially for minors who, most often, do not know an inch of the law. They are vulnerable to abuses of the legal system if not represented by expert juvenile law attorneys.

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Civil Rights Law - Legal Information and Resources

Civil Rights

Civilrights, which include the right to vote, right to equality, freedom from involuntary servitude, and freedom of speech, press, assembly,is an enforceable right. Only when it is trampled upon that a person may seek redress. Civil rights law protects and preserves the liberties enjoyed by all citizens in the United States. Civil rights law also protects individuals from government conduct, which are arbitrary and which deprive individuals of their lives or property without due process of law.

The Bill of Rights in the U.S. Constitution is the primary source of civil rights law. The most important expansions of civil rights inthe United States are embodied in the Thirteenth Amendment, which abolished slavery throughout the nation, and the Fourteenth Amendment, which constitutionalizes due process of law and equalprotection of the law. The decades that followed the enactment of theThirteenth Amendment and Fourteenth Amendment saw the creation of numerous civil rights statues, most of which are still in place in the United States.

Congress passed into law the Civil Rights Act of 1964, which prohibits discrimination in public establishments connected to interstate commerce or are supported by the state. The Act defined public establishments to include places of public accommodations, restaurants, gas stations, bars, and places of entertainment. Subsequent legislation prohibited discrimination in public schools and colleges, and in federally funded problems. The Act further expanded to prohibiting discrimination in the workplace.

The Supreme Court's decisions in civil rights cases have resoundingeffects as to how civil rights are recognized throughout the nation.Supreme Court decisions also has a huge influence on how Congressenact civil rights laws and how states protect these rights.

One of main issues arising from civil rights violations is discriminationin workplace, especially with regards to gender, are common. Women,increasingly members of the LGBT community, are susceptible to sexualharassment and suffers undue disadvantage in career promotionsbecause of gender.

Another common issue is the improper conduct by law enforcement resulting toexcessive force or brutality, illegal searches and seizures, falsearrests, and unjustified police shootings. Power play often figures in lawsuits arising from police brutality, as the police or the federal government would typically argue that their act was on behalfof their duty to maintain peace and order. These lawsuits are also often emotional as surviving members of the victim's family try to seek justice for individuals killed by the police. Most often, these lawsuits are also politically charged especially in cases where race or ethnicity play a role in the police conduct.

In addition, another main issue arising from civil rights violation is malicious prosecution. As new technology are developed to probe evidence, many individuals across the nation are filing lawsuits seeking redress of their wrongful conviction. These cases involve large settlements and jury awards and would need skillful litigating tactics of a civil rights attorney. Another common abuse to civilrights is prison brutality. In recent years, inmates have gained stronger voices in telling courts of inhumane and cruel practices incorrectional facilities. Inmates, however, cannot keep a steady voice without a civil rights attorney who is ready to fight against the government.

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