Tuesday, November 30, 2010

What would you like the juvenile justice system to look like by 2040?

I would like to see all court proceedings on-line, including the Supreme Court. The criminal court would be presented in a way that reduces bias. The facts of the crime are presented and mitigating and aggravating facts are presented - race and sex of accused are withheld, only then can justice be blind.To complement this online court an amicus curiae will be able to be filled by everyday people on rulings of the court in the form of a discussion ,much like this one. I think the imprisonment of the innocent will be reduced. The juvenile section of criminal justice is going to be re-vamped to help the person they will become- not so much focus on where they have been and the mistakes that they made.It is my hope that the child will be granted the same rights as the adult in court- at least a jury trial. I feel that the society will be recorded at all times in public- we are almost there now. I also feel that no matter what advances are made in criminal justice there will be crime because people are emotional beings and often these emotions overrule cognitive ability. The advances towards a just society are always going to have the downfall of the conflict theory. That being said , I also feel that there will be a minority shift within the conflict theory- meaning that affluent white people are going to loose their power, become underrepresented in congress and become the minority in the population. This flip is going to provide for a reverse-racism type scenario. I could be wrong, Maybe we will eliminate racisim and get the balance of justice right in the near future.The choices we make today are going to carry us headfirst into the future. We would be wise to give thought pre-action than to give regret post-action. p.s. I have truly enjoyed all the posts of the class. Thank you for making this a great class - I learned so much from yall! It's Priceless! : )

Wednesday, November 24, 2010

Koban Adoption: Juvenile Justice

When you see and are involved with a child growing up in your neighborhood you become a part of that child's life. You know the family and life history of the child. The inter-dissociation of communities causes the breakdown of the foundations that supports the forming of healthy children. When neighbors keep silent about the abuse or neglect of children the child gets hurt. Then the community is surprised when tragedy occurs or when the child lashes out. In cases of juvenile crime - I suspect there are indicators in the child's life that point to the causation of the crime.
The "not my problem or not my business" attitude of society exacerbates the breakdown of the society. When the juvenile has contact with the justice system there is few , if any in the system with a personal knowledge or care (not that no one cares ,but caring as in the "I know you, son- you are better than this" sense) for the youth. This leads to a misunderstanding of the lashing out that many youths are involved in. Intervention before the youth lashes out would be a help to society today.
To identify at risk kids requires an in depth involvement in the communities and the family's that make up the communities.Such is Japans Koban. Japan has the lowest crime rate - The book did not incorporate Japan in to the chapter. I am confused by this omission because what they are doing is working. "Japan’s Koban system is regarded as one of the important factors that contribute to the maintenance of a safe and peaceful society. The key operating principle of the Koban system or community policing is that the Police should work closely with the community. Officers in Kobans set up in locations all round Japan, provide basic police services, keep watch, respond to emergencies, give directions, or otherwise interact with citizens on a more intimate basis than they could from a more distant station.?By working with the community, the Koban officers earn the public’s trust." http://www.sg.emb-japan.go.jp/bi_KOBNSpeech_09.htm
The adoption of a Koban type of policing would benefit today's American society. The involvement of caring people of the community working with police can help the youth..
Did you ever have anyone in your life other than family who cared about you and changed you life for the good? Many youthful offenders will never have this, until it is too late. I affirm with deep sincerity that it does "take a village" to raise a child.The foundation the community gives the child can be the best tool to overcome peer pressure and absent minded, careless decisions that lead to tragedy in the child's life.

Criminal District Court Interview

Dana Cowan
Interview
Honorable Judge Jackson
Criminal District Court



This article is a report on an interview with Honorable Judge Jackson of the xxxth Criminal Court. Judge Jackson is female and a minority of African American-Hispanic lineage. She is also the single mother of two sons. She is a 1998 Graduate of Texas Wesleyan School of Law. Her family background has contributed to who she is today. She was brought up with her father being in the military. She was exposed to many cultures and traveled often. She stated that she “always knew I was going to go to law school”. From her youth she had this goal. Judge Jackson attributes her father with her lack of bias and gift of open mindedness. This is the adventure I embarked upon with this interview.
The xxxth Criminal Court is located on the xxth floor of the County Criminal Courthouse. Upon arrival to the Criminal Courthouse I was welcomed with metal detectors and the removal of my shoes. My bags were scanned and I recall thinking this was comparable to airport security. Although I was not boarding a plane I was taking a trip into the complex criminal justice system, as I was walking to the elevators the thought in my mind is that people’s lives are altered and even ended in these courts. The courts have authority over a range of infractions of the law from small drug cases to murder. These courts can dismiss cases as the smallest flex of justice and they can also go to the most severe flexing and call for justice, the death penalty. I entered the xxxth courtroom and witnessed court about to be in session.
The U.S. and Texas flags hang in front of the fine wooden paneling behind the Judge’s bench honorably framing the metal state of Texas seal. The court is formal in appearance and the attorneys are making small conversation. The defense announced “ready for trial” followed by the state’s announcement “state’s ready for trial”. Honorable Judge Jackson enters the court and people stand in respect. The attorneys immediately approach the bench while the defendant is brought in. The defendant is a Hispanic male wearing an orange jumpsuit that reads county jail on the back. The cause number is read and the habeas corpus is explained to the defendant. The translator repeats the charges to the defendant in Spanish. The defendant is asked if he understands the charges and he affirms. He pleads guilty. He is charged with possession of a small quantity of a controlled substance- a petty drug charge. The state recommends 6 months and Judge Jackson agrees with the state and allows credit for time served. The punishment is realistic to the crime committed. The sentence is in the terms of months, not years. After the cases are tried, Honorable Judge Jackson’s court bailiff shows me to Judge Jackson’s office.
Honorable Judge Jackson is a beautiful lady and this interview confirmed that her beauty is indeed inside and out. I noted the care she put in the replies and concern she expresses for all the people of her court including prosecutors, defense lawyers, victims and defendants. I proceed to the interview and ask Judge Jackson to describe what her job entails. Judge Jackson expresses she is an “elected official” and she is the “presiding Judge over the xxxth criminal court of xxxxxx county”. The xxxth court presides “over cases ranging from serious felony offenses, death penalty cases, and aggravated assault cases to drug cases.” Judge Jackson expressed that she has an upcoming death penalty case that has its own difficult challenges.

I was interested to find what her favorite aspects of this job are. Honorable Jackson affirmed that she likes the “ability to help people by offering probation and rehabilitation”. She believes in “community service and having the offender contribute to society”. When Questioned about the least favorite aspect of the job Judge Jackson gave voice to the difficulty she has with “decisions on tough cases” and dealing with the facts of the cases. This statement reminds me that Judges are upholding the law and representing the citizens of our country - Judges (at the end of the day when they leave the robe and the courts) are still compassionate and caring human beings. Another difficulty in this job is “mistrials” – the example of a capital murder case from January was given “It was tried again and the defendant was found guilty” the sentence was life in prison without the possibility of parole.
The question of racial issues being an issue in this job was met with the simple, yet affirmative statement “I rise above racism”. I do believe she rises above bias in any form with great integrity. The interview granted me insight to the court system. As we spoke (and as Judge Jackson sipped on her warm tea) she educated me on public defenders and the selection of public defenders for the court. She took her time to grant me an understanding of the prosecutors and the resources available to the public defenders.
As a single mother of two beautiful children, a female lawyer and a minority - Judge Jackson has indeed risen above all obstacles to become an admired success. Therefore, I do choose to support her and Judge Jackson will receive my vote. She has demonstrated to me a fairness and a sensibility in her rulings, in court and in person. Judge Jackson is a judge that Lady Justice honors by holding up the balanced scales.