In Re Winship Legal Brief and Juvenile Justice Process Discussion Questions

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1st Question: Discussion Question

What stages of the juvenile justice process are most important in generating disproportionate treatment of children of color?  What is “cumulative disadvantage,” and how does it increase DMC?  What are the particular challenges in the justice system that are confronted by Latino, Native American, and Asian and Pacific Islander youngsters?

Be sure to address all questions presented in the main prompt.  Your response to the main question should be no less than 200-250 words double spaced, written using an introduction, body, conclusion, proper spelling, English, grammar, and you should reference and cite the text where you present factual information.-

2nd Question: 

Juvenile court takes place in civil court, not criminal court.  This is purposeful in its approach.  Given that we want to avoid stigmatizing juvenile offenders, an approach taken is to handle their legal violations in civil court where family court issues are handled.  The idea here is that handling juvenile offenders in criminal court would result in a “conviction” rendering the juvenile offenders convicts, thus stigmatizing them.

However, in civil court, whether it is used for family court, civil process, lawsuits, or juvenile offenders, has always utilized a different standard of evidence than the criminal court.  Read In Re Winship and conduct a legal brief on this landmark ruling.  A legal brief requires the following: the case title, statement of the issue of the case, the details of the case background, and the way in which the court ruled, with an explanation supporting that ruling.  Two pages are required in APA format to include a title page, in-text citations, and a reference page.

At the conclusion of your case brief, take a stance for or against the ruling handed down.  Do you agree with The High Court’s stipulation on the standard of evidence required for adjudication of a juvenile offender?  Why or why not?

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