Mitchel’s attorney
Question 1
As Mitchel’s attorney, first, I need to understand that I am dealing with a case that involves a minor since Mitchel is below 18 years old. I will handle Mitchel as a juvenile because of her age. According to Youth, Rights & Justice, Attorneys at Law (n.d.), Mitchel has committed a violation since it is a traffic offense. I will, therefore, inform my client about the things I will tell the court about her school and her home situation that will help her to be released from detention. I will review the police reports to determine whether there is anything that I will use as an argument to show that there is no probable cause that guarantees the detention of my client. I will ensure that I advise my client to remain polite when questioned by the juvenile court counsellor. I will also encourage my client to give positive information about her home situation, school attendance and behavior, and how he is good at her workplace if he is employed. Pre-trial aspects help the attorney to convince the judge that the minor is of a good character and has a stable home where he can be well taken care of and supervised instead of being detained (Agnew & Brezina, 2012). I will also advise Mitchel to avoid commenting on any questions concerning her charges to anyone except me. The court will determine Mitchel’s Risk Assessment Instrument score, recommendations from the juvenile court counselor, and the placement options to assess whether Mitchel will be held or released. If he is released, there will be special conditions. The judge makes the final decision.
Question 2
Some cases can make a juvenile case to be heard in a criminal court. An increase in minor offenses made some states to lower the ages of children that can transfer from juvenile court to adult court. An increase in the number of offenses can also make the minors case hearing move to a criminal court (Hemmenes, Brody & Spohn, 2017). The trials of the juvenile and adult courts differ because the objectives of the two court systems differ. The main aim of the juvenile system is to rehabilitate the offender, while adult courts’ main goal is to punish the offenders (Miller, 2013). The trials of the criminal courts will, therefore, end up in incarceration because there are minimal options. Juvenile courts can opt for rehabilitation, home detention, or community service. Also, the trials of the criminal court are more formal, while those in a juvenile system are informal. The accused will face a public trial before a jury in a criminal court while in juvenile, the trial is in the form of an adjudication hearing.
Question 3
I think that some instances justify the trial of offenses that have been committed by teenagers in a criminal court. The cases are when the teenager has committed serious crimes like sexual offense and intentional murder. Also, a minor can be arraigned in a criminal court if he or she has several juvenile cases before. In such a scenario, it proves that the offender is beyond rehabilitation and needs harsher sentences like a jail term to punish them for their crimes. Also, if the minor commits an offense when they only have months or days to attain the majority age, they can be tried in a criminal court. However, if the crime committed was not intentional and the minor has a clean juvenile offense records and proves to be of good character, they should not be tried in a criminal court even if they are about to attain the majority age. Some violations that teenagers make are not worth sentencing one to a jail sentence. Especially if they are accidental and if the teenager already shows signs of regretting their actions. For instance, going for counseling, asking for forgiveness from their parents, or from the victim that they have violated. Such teenagers only need to be rehabilitated or given simple punishments like community service or detention as a way of helping them to become better citizens.