Marie is a 13 year old female

Marie is a 13 year old female, who, on with 2 adults (both age 18), staged a kidnapping of a 13 year old daughter in Maries class. They tied and gagged the little girl to the kidnapping spot. Should Marie be brought to trial as a juvenille or move in an adult mash? Is Marie classified as a new-made offender? To answer these questions we pull up stakes look at what classifies a recent offender, disgusts that produces recent essay as adults, shepherds crook intent surrounding Maries case, what sentencing guidelines should be considered and what treatment conditions should be made.It is a sad fact that mess of all ages commit twist offences, yes, dismantle children under legal age of adult hood which varies from state to state. Because of this juvenile romance systems befool been designed to sentence those who ar too young to be tried as an adult. Those juvenile that commit offensives usually are tried before a special the juvenile court and receive their punishment. However, some juvenile are committing adult crimes and therefore should be charged as adults. When these cases rally a juvenile offender deal be waived from juvenile court to adult court if the offense was adult plenty.Usually a wavering processing has to be conducted via the procecustor. However, many states waste laws allowing prosecutors to file adult charges against juvenile offenders for upright offenses with break through applying for a waiver (www.expertlaw.com). In addition, many states have seen the need to eliminate some serious offensives from juvenile court. Because of their severity offenses such as capital crimes, murders, and other offenses against persons will be tried save in adult courts.According to www.co.san-joaquin.ca.us, those adolesants at least 14 historic period of age can be tried and sentenced to as an adult form a number of felonies. These felonies include murder, attempted murder, arson, robbery with a harmful or dangerous weapon, various forms of rape, kidnapping, and carjacking. It is alert to point out that under most state laws, juvenile offenders do not commit crimes, they commit delinquent acts that some would constitute as crimes in committed by adults.With the understanding of juvenile offenders and what offenses permit a juvenile to be tried as an adult, should Marie be tried as an adult for her affaire in the kidnapping of her classmate? In my opinion, yes Marie should be tried as an adult. As a juvenile offender tried as an adult she will have the legal protection as adults defendants right to an attorney, the right to remain silent, and the right to look accusers, cross-examine witnesses and appeal to a higher court.According to the legal dictonary criminal intent is a mental desire and will to act in a particular way. Maries intent was plotting with the adults to kidnap her classmate. Because juvenile are not sentenced even when tried as adults, instead they are rehabilitated, Marie should still face a ju ror of six adults. Her preceding(a) history with the juvenile system, opportunity of reform, seriousness and her involvement in the kidnapping as well as how the publics safety will be affected if she is not locked up should be considered in the guidelines of the sentencing of the case.Treatment consideration should be provided to the court as a rehabilitation program such as a detention center or boot camp. Even if this is her first offense, it is clear by her involvement in this crime that she is headed down the wrong path and redirection is in order. It is known by adult court judges that the adult prisons offer little in the way of rehabilitation, counseling, or schooling. Therefore rehabilitation is loosely likely the route the juvenile would get.A rehabilitation center would provide her the maximum security training schools operated by state governments or non-profit organizations. In these facilities she would be placed through a rigorous program of training and counselin g. Marie should not be sent to an adult prison, as a 1996 study of children sent to an adult prison were 1/3 more likely to commit crimes when released than those who were sent to a rehabilitation center (Juvenile Justice). If she is transferred into a boot camp, she would be involved in a military style regimen or overweight work, calisthenics and direct (Kresnak, pg 04). According to Jack Kresnak, the purposes of these camps are imposing structure into their chaotic live.Even though I have suggested and support Marie being tried as an adult for her involvement in this terrible crime and refer her to obtaining rehabilitation for her actions, this is not saying that juveniles are not sentenced to pinion. In retrospect, www.expertlaw.com was quick to point out that many states have large juvenile prisons and treatment facilities. It is highly understood that some juvenile offenders are extremely dangerous and despite their age incarceration can and should be appropriate for them. I t is also vital to know that if tried as a juvenile, these juvenile offenders are not offered the same guidelines as adults.They have no constitutional right to a jury trial, and do have a right to a public trail or bail. The purpose of juvenile trail is to rehabilitate not to punish. That is why I stand firm on my ground that Marie should be tried as an adult. She committed a crime and being tried as an adult will ensure that she is scared into the proper social behavior.However, the completely problem we foresee in her being tried as an adult is that Marie is only 13 years of age. Most states as we have read allow children as young as 14 to be tried as an adult for various felonies, because of this legal catch, can we still have her tried as an adult? Yes, in the state of Colorado according to http//www.state.co.us/gov_dir. a juvenile 12 or 13 years of age and is alleged to have committed an act that if committed by an adult would constitute a Class 1 or 2 felony or crime of viol ence as be in section 18-1.3-406, C.R.S. can be tried as an adult.Because of this law in Colorado I conclude that Marie should be tried as an adult for her involvement in the kidnapping of her classmate and sentenced to a rehabilitation center or boot camp. In either place, she will gain the educational and discipline to become a better citizen and well rounded person and hopefully become reformed enough to play an active, good moral role in our society upon her completion of the program.RefrencesWhen a Child can be tried as an adult, A publication of the office of Legilaive legal services. August 30, 2005. https//www.expertlaw.com/library/criminal/juvenile_law.htmlCriminal Law Juvenile Criminal Cases. 1999 National Report Series, Juvenile Justice. Bulletin Juvenile Justice A Century of Change December 1999. Kresnak, Jack. Chapter 2, Juvenile Justice.http//www.justicejournalism.org/crimeguide/chapter02/chapter02_pg04.html