Journal for Week of 02/17/2012
Juvenile Justice
 Due 2/21

http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/four/

Click on each case
Read each case and click on the name for the updated file.

ANSWER ALL OF THE QUESTIONS!!

Did Shawn receive a fair sentence or was it to lenient?

Was Marquese given a fair sentence?  Why or why not?

Did Jose's sentence work?  Why or why not?

What do you think of Manny's Sentence?  How can he be helped?

Summarize each of the four cases.  How did they turn out?  What would you decide and why?

Is the juvenile system working?  Why or why not?

Look over the facts and stats tab.

What age can a juvenile in MN be charged as an adult.  Do you think this is a correct age?  Why or why not?  Back up your answers with facts.

Extra Credit

Read the 2 supreme court cases involving juveniles.

What effect does this have on juveniles today?

What is your opinion of the cases?

Why do you think these cases are important?

Ingraham v. Wright (1977)
Issue: School Discipline
Bottom Line: Teachers Can Use Corporal Punishment, If Your locality Allows It

Background
James Ingraham, a 14-year-old eighth-grader at Drew Junior High School in Miami, was taken to the principal's office after a teacher accused him of being rowdy in the school auditorium. The principal decided to give him five swats with a paddle, but James said that he hadn't done anything wrong and refused to be punished. He was subsequently held down while the principal gave him 20 swats.

While corporal punishment was permitted in the school district, James suffered bruises that kept him out of school for 10 days and he had to seek medical attention. James and his mother sued the principal and other school officials, claiming the paddling violated Eighth Amendment protections against "cruel and unusual punishments."

Ruling
The Supreme Court ruled against James. The Court said that reasonable physical discipline at school doesn't violate the Constitution. The Eighth Amendment, the Justices said, was designed to protect convicted criminals from excessive punishment at the hands of the government—not schoolchildren who misbehave.

The Court, however, did direct teachers and principals to be cautious and use restraint when deciding whether to administer corporal punishment to students. The Justices suggested that school officials consider the seriousness of a student's offense, the student's attitude and past behavior, the age and physical condition of the student, and the availability of a less severe but equally effective means of discipline.

Impact
The Court left the question of whether to allow corporal punishment up to states and local districts, which traditionally set most education policies. Twenty-two states currently permit corporal punishment in public schools, and 28 have banned the practice.

Santa Fe Independent School District v. Jane Doe (2000)
Issue: School Prayer
Bottom Line:Public schools Cannot Sponsor Religious Activity

Background
A Texas school district allowed a student "chaplain," who had been elected by fellow students, to lead a prayer over the public address system before home football games. Several students and their parents anonymously sued the school district, claiming a violation of what's known as the Establishment Clause of the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Ruling
The Supreme Court ruled that the school district's policy regarding prayer was unconstitutional. Although led by students, the prayers were still a school-sponsored activity, the Court said, and they were coercive because they placed students in the position of having to participate in a religious ceremony.

"The Constitution demands that schools not force on students the difficult choice between attending these games and avoiding personally offensive religious rituals," the Court said. The Justices added that "nothing in the Constitution ... prohibits any public school student from voluntarily praying at any time before, during, or after the school day." Impact

Since the Santa Fe decision, several lower courts have held that student-initiated group prayer is protected under the First Amendment if it is not sponsored by the school. This is generally accepted to mean, for instance, that a group of student athletes could pray together before a game in the locker room, as long as the coach or other school officials are not involved.