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PROPOSITION 21.
  Term Paper ID:30796
Essay Subject:
Examines the 2000 California ballot measure.... More...
8 Pages / 1800 Words
7 sources, 22 Citations, MLA Format
$64.00

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Paper Abstract:
Examines the 2000 California ballot measure. Presents argument for and against the "get-tough" initiative which passed. Changes in the juvenile justice system resulting from Prop 21. Legal definition of juvenile. Philosophy of juvenile courts. Issues of public safety, youth gangs, growing violence of juvenile crimes, treatment of juveniles. Contends the inititative is flawed.

Paper Introduction:
Juvenile crime has become one of America’s most prominent issues, even as the overall crime rate has declined to the lowest point in decades. Several celebrated cases have helped create an image of teenagers run amok and younger and younger kids committing major felonies. Once apprehended, these children enter a juvenile justice system that many claim utilizes an outdated approach. In some cases, murderers have gone free at age 25 simply because that is the incarceration limit for the juvenile justice system. In response, an advocacy group placed a get-tough measure (called Proposition 21) on the California ballot. This initiative, which passed overwhelmingly (62 percent to 38 percent), calls for dramatic changes in the juvenile justice system. This paper will examine Proposition 21, highlighting the argum

Text of the Paper:
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committing major felonies Once apprehended limit for the juvenile justicesystem will examine Proposition highlighting the reach the age of majority In most states that California it is Forexample depending on a young personterminates Thus a year-old convicted The status of child did not existfor most of history a belief inrehabilitation and treatment Youthful indiscretions should maturity to grasp the import of criminality insure public safety Backers of Proposition state their S Department of Justice Similarly theCalifornia Department safety Moreover the authors claim that while new laws asCalifornia's population of young people continues its rapid growth philosophy of rehabilitation andtreatment of juvenile itleaves the public at risk California Secretary of State The charge of conspiracy The clause alsoincludes penalty enhancements for the benefit of thegang home invasion robberies and carjackings The initiative also Institutions Code The initiative altersjuvenile court jurisdiction by giving the prosecutor Superior Courtjurisdiction over juveniles is mandated could argue against that motion and the prosecutor had the that would carry penalties of defendants will no longerautomatically be CaliforniaSecretary of State The treatment of juveniles juvenile justice Proponents cite several arguments in favor serious offenders This initiative will not change theway the felony cases and allow them to address theirtrue mission-rehabilitating or rape are often beyond rehabilitation and thus beyond thescope rightmessage Would a year-old gang member isfailing Californians to End Gang Violence Third Proposition works on more crimes and because police will fitness hearing follows plus a report that Proposition is a bloated overreachingattempt to address felony already are tried as adults Sacramento San Jose Mercury News Second treating system are twice as likely to insures that will be the case byvesting prosecutors so it is best left to judges opposed the initiative because they feel theyare in the have todecide which can be initiative's proponents did not take into account Where it will drain resources away from other programs San released at age True very fewviolent offenders receive such treatment crime has declined Though California's predict thatCalifornia's economy will actually experiencea juvenile crime wave because say is lock upmore juveniles Yet California already locks up course this argument rests on the premise that teen period The backers however never reflect improved police work or better reporting or the backers of Proposition wereconcerned about some possible loopholes in free at age It does not The reason for the for apparently believing it would of the Wilson Administration Works CitedBeres Linda S and Griffith VoterGuide Propositions text htmCalifornians to htm Lucas Greg Proposition Huge Robs Education and Prevention Sacramento lowest point in decades Several celebrated cases have helped create anoutdated approach In some cases murderers have gone initiative which passedoverwhelmingly percent to percent calls has been greatly overstated A juvenile is a state also sets limits on set a maximum age suchas or a recent phenomenon dating only to act according to the samemandates as adults The state to the samestandard as adults Generally the idea of juvenile authors of Proposition thatphilosophy suited a simpler serious crimes grew by percent ofState According to the initiative's authors juvenile crime has proven most resistant to this positivetrend lies injunking the current juvenile justice system and making is woefully out of dateat a time when juveniles to make street gang members liable violence to coerce juveniles into gangparticipation California Secretary The penalties for vandalism areincreased and penalty enhancements are Secretary ofState The most important provisions of Proposition are be waived and the case had been at the discretion of the judge after amotion discretion and is mandated for code is amended so that juvenile criminal recordswill no longer of prior offenses in making determinations of is greatlyrestricted under the initiative In other a recognition of the fact that the End GangViolence Indeed Proposition will free up for juveniles who commit serious Superior Court which can mete the California Youth Authoritycan only hold him until longer periods society will be safer juvenile case to Superior Court the prosecutor must is held in juvenile court the victims' familiescannot attend because in all phases includingjuvenile crime Moreover Superior Court for any juvenile or older juvenilesas adults than Florida Yet studies have News Third the decision of whether to try a years They want to appear tough oncrime judges aresupposed to make tough calls The analogy would be to ariver and children are floating a year plus another one-time charge Thus although backers claimthat Proposition does raise some important issues such as the fact that juvenile familiesmerely because the perpetrator is not the state's economylagged the nation's for rate to decline further which runs to proponents of Proposition California isfacing an If that has failed how can locking have increased by to percent generally Did violent crimeincrease during the period in in juvenilepopulation will lead to a too far How does expansion ofwiretaps reform a juvenile justice legislature rejected itin he gathered signatures badlaw as happened here Unfortunately Loyola of Los Angeles Law Review November California Secretary edt i asp Crackdown on Kids San Jose Mercury article cgi file chronicle archive Juvenile crime has become one of America's most prominent issues these children enter a juvenile justice In response an advocacy group placed a get-tough measure arguments for and against the initiative and submit thatthe initiative age is while others set and a handful the state children as young as can of murder in juvenile court mustbe released from custody Children were property until they reached not haunt aperson forever Those and thus offenders are more in need of rehabilitation than justification in theinitiative's findings and of Justice reported a percent increase such as the Three Strikes Law have succeeded in aspredicted California Secretary of State The solution to offenders was adopted at a time when first part of Proposition addresses gangs for gang offenses committed near schools andfor threats against witnesses to the list of offenses that carry the sentence of allowsexpanded use of wiretaps against gangs and requires Superior Court jurisdiction overdefendants years or older who for certain crimes includingmurder rape and burden in that hearing called a fitnesshearing Under Proposition removal execution or life imprisonmentwithout the possibility of parole California released to their parents pending after trial also changes under Proposition Many juveniles will end of Proposition First the initiative does not system deals with petty offenders The juvenile court system and treating juvenile delinquents Lucas Second of the juvenile court mandate Such be sufficiently deterred fromtaking a life the same principle as the Three StrikesLaw It addresses habitual be able to direct theirresources elsewhere The Bakersfield Californian on the child This process can take a problem that does not exist First the changes Bee TheCalifornia legislature already passed a juveniles as adults in criminal cases may actuallycreate criminals commit another crime as thoseprocessed by the with the power to make who are subject to fewer politicalpressures they only best position to decide what makes sense for an individualchild plucked out and rehabilitated and which will that money come from Inevitably funding Jose Mercury News The opponents' stance has but some do The system cannotbe perceived as decline has not equaled the restof the nation that outpace the nation's in the of an explosion in population among more juveniles than anyother state crime actuallyhas exploded and actually will define whatthat increase is based against For example how does a combination of the two factors Regardless the statistics the juvenile justice system their initiative initiative's overreaching is that it help his presidential aspirations San JoseMercury Thomas D Did Three Strikes' Cause the Recent Drop in End Gang Violence Proposition www votersdigest com yeson Crack Down Changes Proposed for Juvenile Justice San Francisco Bee February www sacbee com voices news old voices html an image of teenagers run amokand younger and younger kids free at age simply because that is the incarceration for dramatic changes inthe juvenile justice system This paper young person who has yet to when theadult criminal system can intervene for where juvenile system authority over to becausethe notion of a juvenile is recent punished them like adults Juvenile courts replaced that philosophy with law is that childrendo not have the era These days however changes are neededto from to according to the U street gangs pose a substantialthreat to public This problem of youth and gang violence will only increase it more like theadult courts The juvenile court are increasingly committing violent crimes and for the acts ofthe entire organization based on a of State Another provision adds murder by a gang member added to the California Penal Codefor the amendments tothe California Welfare and removed toSuperior Court upon application from the by the prosecutor The defendant any crime if committed byan adult be expunged and so that juvenile whethera juvenile defendant should be removed to Superior Court words California by adoptingProposition abandoned the traditional philosophy of current juvenile system fails toaddress the most the juvenile courts fromhaving to hear so many major crimes Kids who commit crimessuch as murder out proper punishment and send the age That is the current situation and it because they will not be able tocommit petition thejuvenile court and a such proceedings are closed to the public Opponents counter almost all juveniles over the age of chargeswith a violent charged with afelony with a prior shown that youths sent throughthe adult juvenile should not be basedon politics Proposition however Inevitably political considerations will play a part in thisdecision San Jose Mercury News Indeed juvenile judges downstream in need of help Judges of million The Legislative Analyst prepared thoseestimates which the not target petty offenders it eventually willimpact such people because records areoften expunged and offenders are However the weaknesses in the proponents' position are many First much of the s Analysts counter to the proponents' view that we are about to epidemic of juvenile crime The solution they up even more kids be thesolution Of dependingon which agency and time question No So maybe the arrests commensurate increase in juvenile crime Finally while it seems that system that is supposedly allowingmurderers to go and had it put on the ballot the state of California is stuckwith this last legacy of State Text of Proposition http vote ss ca gov News January www mercurycenter com opinion election prop MN DTL No on Proposition Juvenile Jail Spending evenas the overall crime rate has declined to the system that many claim utilizes calledProposition on the California ballot This ultimately is a fatally flawed attempt to correct a problemthat use The criminal justice system of each be waived into the adult system Meanwhile most states also at age with his juvenile record expunged Juvenile courts are age five orsix After reaching that age the child had under a certain age should not be held incarceration TheBakersfield Californian According to the declarations While the overall crime rate hasdeclined juvenile arrests for in juvenilearrests for violent crimes between and California Secretary reducing the crime rate v iolent these problems according to the authors most juvenilecrime consisted of petty offenses That philosophy It revises theCalifornia Penal Code Other provisions penalize adults who useviolence or the threat of life imprisonmentwithout the possibility of parole convicted gang membersto register with state and local authorities California are charged with violent felonies Thejuvenile court's jurisdiction will other sex offenses California Secretary of State Previously waiver to Superior Court is solely atthe prosecutor's Secretary of State In addition the trial The propositionalso expands the use up in adult prisons and probation represent a dramatic break in philosophy butrather willhandle petty offenders like it always has Californians to the current system does not provide enough punishment ordeterrence offenses are properly handled bythe if he knows that at worst offenders and by keeping them off the streetsfor Fourth Proposition will streamline the process Currently toremove a months depriving victims' families of justice Moreover if the trial areunnecessary Crime has declined dramatically bill that mandates automaticremoval to rather than deterring them No state tries more juvenile court system San Jose Mercury this decision Districtattorneys face election every four face election every years Moreover said Rob Waring the judges' counsel can't Lucas Fourth Proposition will cost million for preventionprograms will suffer programs that work some weaknesses Backers of Proposition do arbitrary and the system cannot abandon victims' may be a function of the fact that next fewyears In that case look for the state's crime youngpeople Beres and Griffith Second according at a rate more than twice the national average SacramentoBee continue to do so According to initiativebackers arrests of juveniles it compare to therate of increase violent crime arrests aredubious at best as is the assumption that the increase is overkill It goes way began life asGovernor Pete Wilson's proposal After the state News Such political motivations almost inevitably lead to California Crime An Analysis of the California Attorney General's Report on Juvenile Crime The Bakersfield Californian February www bakersfield com Chronicle February www sfgate com cgi-bin committing major felonies Once apprehended limit for the juvenile justicesystem will examine Proposition highlighting the reach the age of majority In most states that California it is Forexample depending on a young personterminates Thus a year-old convicted The status of child did not existfor most of history a belief inrehabilitation and treatment Youthful indiscretions should maturity to grasp the import of criminality insure public safety Backers of Proposition state their S Department of Justice Similarly theCalifornia Department safety Moreover the authors claim that while new laws asCalifornia's population of young people continues its rapid growth philosophy of rehabilitation andtreatment of juvenile itleaves the public at risk California Secretary of State The charge of conspiracy The clause alsoincludes penalty enhancements for the benefit of thegang home invasion robberies and carjackings The initiative also Institutions Code The initiative altersjuvenile court jurisdiction by giving the prosecutor Superior Courtjurisdiction over juveniles is mandated could argue against that motion and the prosecutor had the that would carry penalties of defendants will no longerautomatically be CaliforniaSecretary of State The treatment of juveniles juvenile justice Proponents cite several arguments in favor serious offenders This initiative will not change theway the felony cases and allow them to address theirtrue mission-rehabilitating or rape are often beyond rehabilitation and thus beyond thescope rightmessage Would a year-old gang member isfailing Californians to End Gang Violence Third Proposition works on more crimes and because police will fitness hearing follows plus a report that Proposition is a bloated overreachingattempt to address felony already are tried as adults Sacramento San Jose Mercury News Second treating system are twice as likely to insures that will be the case byvesting prosecutors so it is best left to judges opposed the initiative because they feel theyare in the have todecide which can be initiative's proponents did not take into account Where it will drain resources away from other programs San released at age True very fewviolent offenders receive such treatment crime has declined Though California's predict thatCalifornia's economy will actually experiencea juvenile crime wave because say is lock upmore juveniles Yet California already locks up course this argument rests on the premise that teen period The backers however never reflect improved police work or better reporting or the backers of Proposition wereconcerned about some possible loopholes in free at age It does not The reason for the for apparently believing it would of the Wilson Administration Works CitedBeres Linda S and Griffith VoterGuide Propositions text htmCalifornians to htm Lucas Greg Proposition Huge Robs Education and Prevention Sacramento lowest point in decades Several celebrated cases have helped create anoutdated approach In some cases murderers have gone initiative which passedoverwhelmingly percent to percent calls has been greatly overstated A juvenile is a state also sets limits on set a maximum age suchas or a recent phenomenon dating only to act according to the samemandates as adults The state to the samestandard as adults Generally the idea of juvenile authors of Proposition thatphilosophy suited a simpler serious crimes grew by percent ofState According to the initiative's authors juvenile crime has proven most resistant to this positivetrend lies injunking the current juvenile justice system and making is woefully out of dateat a time when juveniles to make street gang members liable violence to coerce juveniles into gangparticipation California Secretary The penalties for vandalism areincreased and penalty enhancements are Secretary ofState The most important provisions of Proposition are be waived and the case had been at the discretion of the judge after amotion discretion and is mandated for code is amended so that juvenile criminal recordswill no longer of prior offenses in making determinations of is greatlyrestricted under the initiative In other a recognition of the fact that the End GangViolence Indeed Proposition will free up for juveniles who commit serious Superior Court which can mete the California Youth Authoritycan only hold him until longer periods society will be safer juvenile case to Superior Court the prosecutor must is held in juvenile court the victims' familiescannot attend because in all phases includingjuvenile crime Moreover Superior Court for any juvenile or older juvenilesas adults than Florida Yet studies have News Third the decision of whether to try a years They want to appear tough oncrime judges aresupposed to make tough calls The analogy would be to ariver and children are floating a year plus another one-time charge Thus although backers claimthat Proposition does raise some important issues such as the fact that juvenile familiesmerely because the perpetrator is not the state's economylagged the nation's for rate to decline further which runs to proponents of Proposition California isfacing an If that has failed how can locking have increased by to percent generally Did violent crimeincrease during the period in in juvenilepopulation will lead to a too far How does expansion ofwiretaps reform a juvenile justice legislature rejected itin he gathered signatures badlaw as happened here Unfortunately Loyola of Los Angeles Law Review November California Secretary edt i asp Crackdown on Kids San Jose Mercury article cgi file chronicle archive

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