Discuss the legal rights of the juvenile

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Reference no: EM133300114

Topic: After considerable thought, Chester devised and implemented the following program as a restorative justice project:

  1. The police department is responsible for the management of the program and has sole discretion over the operation of the project. Chester, after consulting with the mayor and city-personnel director, decided against community involvement.
  2. The process will involve mediation between offender, victim and their families.
  3. The program will accept juveniles only.
  4. The program will generally be restricted to first-time offenders who have admitted their guilt.
  5. Officer Happie will be designated as coordinator/case manager/mediator, and assumes these duties under the guise of "light duty."
  6. Lieutenant Clueless will assume the responsibilities of program evaluator.

Shortly after the program has been instigated, Billy Badass, a 16.5 yr. old Hispanic male, is detained on the charge of sexual abuse of a minor. The victim is J.B. a 13-year-old Vietnamese female. Billy is being held in the juvenile detention facility and is undergoing the process of risk assessment. In conversations with his defense attorney, Dewey Cheatum, Billy admits to having sexual relations with J.B. Based upon the result of the risk assessment, the diagnostic team, consisting of Dewey, a probation officer, a mental health worker, an assistant prosecutor, and a school representative are meeting to discuss options on how to proceed with the case. As part of the new program, Officer Happie is to meet with the diagnostic team to discuss whether Billy should be permitted to participate in the program. In preparing for the meeting, Officer Happie learns that Billy is the mayor's nephew.

Question 1: the legal rights of the juvenile;
Question 2: information sharing that is appropriate - i.e. risk assessment, educator reports, mental health evals, etc.;
Question 3: concerns that often arise when restorative justice is implemented in small communities; and
Question 4: the appropriateness of the offense for the application of restorative justicepractices.

Reference no: EM133300114

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