Archive for the ‘Violent Acts’ Category

ASSAULT

Jun

Angela, on the topic of Violent Acts

An assault is an attempt with unlawful force or violence to do bodily injury to another person. If you have been charged with assault, you should consult an attorney to explain the elements of the assault charge that was brought against you and to discuss whether you have any viable defenses available to you. There are many defenses to a charge of assault; self-defense, reasonable discipline of a child, defending your home, property, or a third party.

Under a self-defense theory, you have a legal right to stand your ground and fight when you are attacked and you may meet force with equal force.

Reasonable discipline is defined by community standards and it will largely be left to the jury to decide if you acted reasonably under the circumstances.

Tags: Assault, Juvenile crimes
Posted in Violent Acts | No Comments »

Teens Sentenced to Life in Prison

Jun

Simms, on the topic of Sex Crimes, Violent Acts

The answer to whether teenagers who commit capital felony offenses should be sentenced to life in prison without the possibility of parole is different, depending on who you talk to. In 2007, a Utah jury sentenced Robert Cameron Houston to life in prison for the rape and murder of a Utah woman. At the time of the crime in 2006, Houston was a juvenile—only 17 years old. His counsel is currently appealing that sentence, calling the sentence cruel and unusual punishment for a then 17-year-old minor. Houston is the only juvenile in Utah to receive a life in prison sentence.

Photo: Bob Jagendorf

There are many questions that a judge and jury should consider when faced with this type of situation. Some research shows that a person’s tendency towards violence decreases with age. According to Utah Supreme Court Chief Justice Christine Durham, the jury in Houston’s case was not advised of this research.

As a juvenile or the parent of a juvenile facing serious criminal charges in Utah, you need to be fully aware of all the rights that you or your child has. One right is to have the best defense you can get. Juveniles make mistakes, and sometimes as a result of those mistakes, crimes occur. However, if it makes sense to you that rehabilitation might be the answer as opposed to be locking up a juvenile offender and throwing the key away, hire a qualified Utah juvenile defense attorney without delay. Your child’s future may depend upon your actions today.

Tags: Life in Prison, parole, teen, utah
Posted in Sex Crimes, Violent Acts | No Comments »

Homicide/Murder by a Utah Juvenile

Apr

clayton, on the topic of Violent Acts

Homicide/Murder committed by a juvenile is almost always filed directly in adult District Court if the Utah juvenile is over 16 years of age. If the juvenile is under 16, but over 14 years of age the case will begin in the juvenile court and then move to the adult/District Court.

Homicide/Murder is defined as accidentally, or intentionally causing the death of another human being. Accidental and intentional cause of death can be defined as being the driver of a bank robbery, in which someone dies. Although they never shot anyone or went inside of the bank, a juvenile could be charged with felony murder.

Homicide also includes causing the death of a human being through gross negligence. For instance, a person operating a vehicle while intoxicated may be charged with negligent homicide if they kill someone in an accident. Again, if a minor is older than 16, then the prosecutor can directly file charges against in adult court.

Tags: Homicide, Juvenile Homicide, Murder, Serious Youth Offender
Posted in Violent Acts | No Comments »

Domestic Violence in Utah Juvenile Court

Mar

clayton, on the topic of Juvenile Court, Violent Acts

In Utah, assaultive type behavior against a family member, a person with whom you now lived with or used to live with may is considered a domestic violence offense. Many assaults are class B misdemeanors, but they may be filed as felonies depending on the extent of injury and if a weapon was used.

Assault is not the only type of domestic violence charge. If during an argument property is unlawfully broken, a charge of criminal mischief may be brought as a domestic violence charge. If convicted on a domestic violence offense, domestic violence counseling is almost always required. Domestic violence counseling is usually a 4-6 month program, which includes group and individual counseling. If charged with domestic violence in juvenile court it is important to seek counsel as soon as possible to help guide your

Tags: Domestice Violence
Posted in Juvenile Court, Violent Acts | No Comments »

Convictions Against Juveniles who are Certified as Adults may be used to Calculate a Federal Sentence under the Armed Career Criminal Act

Feb

clayton, on the topic of Utah Law, Violent Acts

Unfortunately the 10th Circuit Federal Court on February 2nd ruled that relevant crimes committed by a defendant when he was minor can be used as enhancement for sentencing under the Armed Career Criminal Act’s (ACCA) 15 year-minimum-mandatory prison sentence. Once the youth is certified and prosecuted as an adult, his conviction may be used for Armed Career Criminal Act purposes. The opinion limits the enhancement to juveniles who were certified as adults.

See United States vs. Tireece Cole-Jackson, No. 10-6156.

Tags: Armed Career Criminal Act, Federal Court, Mandatory Minimum Sentence
Posted in Utah Law, Violent Acts | No Comments »

Youth Justice in Northern Ireland HELPS Victims and Reduces Reoffence

Jun

jessica, on the topic of Juvenile Court, Violent Acts

photo: ro_buk [I'm not there

Imprisonment is widely overused to control child offenders in the United Kingdom. In an effort to control the overwhelming numbers of imprisoned youth, reduce youth crime, and improve the juvenile justice system, Northern Ireland created the Youth Justice Agency (YJA). This program has effectively reduced the population of youth in prison and strongly prevented juveniles from reoffending.

The YJA focuses on restorative justice throughout the legal process. At the center of the program is the youth conferencing system, “at which the offender, victim (or victim representative), professionals and others are brought together to disucss the offense and its repercussions, and to agree on an action plan for the offender.” This may happen prior to conviction or post-conviction. The members discuss many things with the offender such as what laws were broken, who has been hurt, how crime violates individual rights, focuses on guilt, and identifies the needs and obligations of the victim. Then, the conference members agree on a plan, “which sets out actions to be taken by the young person to make amends for the offense and redue the likelihood of further offending”. Such required actions are suited to the offender’s age and capabilities and can include: an apology, community service, working to repay any damages incurred, citizenship education. The plans are not always approved by the oversight legal board, but many are and its success is shown by the high rate of satisfaction among victims, a reduction in reoffender rates, a decline in the use of state custody for offenders, and less overcrowding in the prison system. The YJA has done well enough that England and Wales are integrating the same type of system into their youth legal process.

There are many ways to deal with juvenile offenders and with such a high rate of reoffence in the United States, perhaps our legal system should explore a similar program.

“Out of Trouble” Making Amends: restorative youth justice in Northern Ireland, Jacobsen & Gibbs, 2009

Tags: Northern Ireland, reoffender, reoffender rates, Restorative Justice, victim
Posted in Juvenile Court, Violent Acts | No Comments »

Girls Becoming as Violent as Boys

Jun

jessica, on the topic of School, Violent Acts

photo: JP-Flanigan

A recent U.S. Substance Abuse and Mental Health Services Administration report shows that 1 in 4 teenage girls across the country, in such places as Utah, are involved in violent behavior. 26.7% of the 33,000 girls surveyed had been involved in a serious fight or violent act. We can also assume that the rates are higher as most school age students are shy to admit their real feelings and experiences for fear of repercussion. The violence is more prevalent with girls who binge drink and/or smoke marijuana, came from low income families, those who did not attend school, and with girls who had the lowest grades. Young girls are starting to overturn the stereotypes that target male adolescents as aggressors as the more violent of the genders. If your son or daughter has been accused of a violent crime finding a defense attorney who has experience with adolescents is very important to keep your child on the right track to success.

Tags: binge drinking, girl crime, marijuana, school age girls, violent behavior
Posted in School, Violent Acts | No Comments »