Showing posts with label judge. Show all posts
Showing posts with label judge. Show all posts

Tuesday, November 20, 2012

Reforming Juvenile Justice: A Developmental Approach

Book Cover
Status: Prepublication Available (Download)
Size: 420 pages, 6 x 9
Publication Year:2012
 Description
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. 

A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks.

Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems.

This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century.

It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
 
Authors:
Richard J. Bonnie, Robert L. Johnson, Betty M. Chemers, and Julie Schuck, Editors; Committee on Assessing Juvenile Justice Reform; Committee on Law and Justice; Division of Behavioral and Social Sciences and Education; National Research Council
Authoring Organizations
If you don't know your rights you have NONE!!
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Wednesday, August 29, 2012

Are We Our Jurors Keepers??

Thought I would share some additional information relating to a great discussion on what the judge is supposed to do and what he/she ACTUALLY does on one of our Affiliated Discussion Groups
 
Link to article: http://verdict.justia.com/2012/08/28/are-we-our-co-jurors-keepers

But thought I would share this discussion on "New Instructions for Jurors".. ie the result of the influence of the internet/social media, etc.
Here is part of that file, dated June 2012:
Before Trial:
You, as jurors, must decide this case based solely on the evidence presented here
within the four walls of this courtroom. This means that during the trial you must not
conduct any independent research about this case, the matters in the case, and the
individuals or corporations involved in the case. In other words, you should not consult
dictionaries or reference materials, search the internet, websites, blogs, or use any other
electronic tools to obtain information about this case or to help you decide the case.
Please do not try to find out information from any source outside the confines of this
courtroom."
May you find Strength in Your Higher Power,
 GranPa Chuck


Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", 4th Ed.
 Learn More>> Click Here    
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Sunday, July 1, 2012

UPDATE: Minnesota Judge Has 200 Blunt Words for Divorcing Parents (02/28/15)

  •  UPDATE: February 28, 2015
Thought I would add a few comments on "Points to Ponder" on those Advocates that a spreading the word on our Social Media that: "Parent Alienation is Child Abuse"
To be Absolutely Clear. Of course I recognize that
"Alienation" exists.
But, do consider these thoughts:
  • First the Child Protective AGENCY has a big enough shopping list, sorta speak, of what is deemed "Child Abuse" (Getting it wrong too many times, by removing children with little evidence)
  • Second to merely say "Parent" Alienation" is a bit short sighted. Their may be others within the Family that may be responsible for "Alienation". So, I prefer the phrase "Family" Alienation.
  • Third, I am a strong believer that the Parents brought a Precious child into the world and they should be responsible, No matter what their location.
Believe me in my life journey, I've experienced ALL THE ABOVE. Noting, I am experiencing this with one of my Granddaughters.

  • HOWEVER, one is asking our Government, Courts, etc. to solve said concern...
  • BUT, the turn around and say there is too much Government, Courts, etc. Control.
THINK ABOUT IT??
(Key Phrase "parens patriae">> http://en.wikipedia.org/wiki/Parens_patriae)

Original Post: July 1, 2012
Although some may feel it is rare, some judges actually know what they are talking about. Received a copy of a news article from 2001. Thought I would take the time to type the words of this judge out.

Please note in our discussion group over the years with one common goal in mind “Defending Ourselves against False Allegations.” Although this article eludes to Parent Alienation, here is one thought we all may want to consider: “We do not OWN Our Children. We as adults are merely here to Guide them through Sharing, Caring, and Guidance, with the hopes, that they too will become Responsible Adults. Noting, of course, Responsibility is not necessarily a Democratic Process?”

  • So here is the article by the judge:
Minnesota Judge Has 200 Blunt Words
for Divorcing Parents
By Judge Michael Haas
2001
“Your children have come into this world because of the two of you. Perhaps you two made lousy choices as to whom you decided to be the other parent. If so, that is your problem and your fault.

No matter what you think of the other party—or what your family thinks of the other party—these children are one-half of each of your. Remember that, because every time you tell your child what an “idiot” his father is, or what a “fool” his mother is, or how bad the absent parent is, or what terrible things that person has done, you are telling the child half of him is bad.

That is an unforgivable thing to do to a child. That is not love. That is possession. If you do that to your children, you will destroy them as surely as if you had cut them into pieces, because that is what you are doing to their emotions.

I sincerely hope that you do not do that to your children. Think more about your children and less about yourselves, and make yours a selfless kind of love, not foolish or selfish, or your children will suffer.”

Original Article
The following advice from retired Minnesota Judge has been circulating for years among judges, attorneys and child advocates as powerful words of advice for all parents going through a divorce.  We hope you'll take the time to read them!

Judge Michael Haas retired in December 2002 after 26 years of service as a Judge in Cass County, Minnesota.  In a letter written to advice columnist Abigail Van Buren as early as October 1994 by attorney Paul J. Kiltinen of Baxter, Minnesota, Mr. Kiltinen shared the following remarks by Judge Hass in a particularly difficult divorce case, describing the Judge's remarks as "some of the most profound words of wisdom I've ever heard from the bench in all my years as an attorney.  His philosophy could provide insight to all parents, especially those who are involved in difficult dissolutions."

Judge Haas' concise advice in less than 200 words is so well known and so widely respected that it has been referenced in multiple appellate court decisions, including Burke v. Burke, Tennessee Court of Appeals, No. M2000-01111-COA-R3-CV, Aug. 7, 2001 and Krupp v. Cunningham-Grogan, Tennessee Court of Appeals, No. M2005-01098-COA-R3-CV, August 29, 2006. 

It's also been cited in Lawyers Weekly USA No. 9921543 and in Don R. Ash's law review article, Bridge Over Troubled Water: Changing the Custody Law in Tennessee, 27 U. Mem. L. Rev. 769, 771-72 (1997).

This message was "resurrected" in 2000 when it was republished as a letter published by advice columnist Ann Landers (the twin sister of "Dear Abby").

More than 15 years after the fact, Judge Haas' moving words are sprinkled all over the Internet, found on court websites, blogs, attorney webpages, in court decisions and in law journals.

We don't know if Judge Haas was speaking extemporaneously on the record or if these 197 words above were purely "off the cuff".  Regardless, this message will always remain profound and powerful advice when parents are ready to engage in custody battles for their children.