One of the elements of the crime is an essential piece of the evidence that must be reasonably proven to establish a criminal offense in the court of law. Secondly, the overt behavior or act that constitute the crime are highlighted. These actions are often brought about by crimes. Also, the psychological condition of an individual while the deed is being done is the factor that binds his actions with the prohibitions. This part, known as “mens rea”, puts the emphasis on the motive or mental attitude that causes a person to act, ranging from deliberate acts to those committed due to carelessness or recklessness. Lastly, there must be a set of consequences that are evident and causally related to the crime committed. This suggests that the defendant’s conduct was the cause of the injury or the final result since the injury or outcome occurred as a result of the conduct. These factors operate in an interrelated way to make individuals responsible for their actions since both the prosecution and the defendant are under the jurisdiction of the justice system. This would mean the need of establishing the elements of the offense beyond a reasonable doubt.
Question 2
Status offense offenders should be assisted by parents, teachers and community members via a diversion approach rather than by punitive measures or judicial control. The Federal Juvenile Justice and Delinquency Prevention Act prevents status offenders from serving jail time and instead advocates community service programs to help them. The case of one of the consequences of confinement is a break off of positive relationships and social support networks, which is crucial for teenagers. It is the case that persistent disobedience or truancy might be considered the sphere of juvenile court, but it is recognized that such violations should be dealt with other than criminal offenses. The due process clause requires that rehabilitation should be used as an alternative to punishment in case of non-criminal status offenses like persistent disobedience.
Question 3
Status offenses are committed by the juveniles, including truancy, violation of the curfew and underage drinking among others. Truancy, which is the term for a regular absence from school for any reason, can make both the student and his/her parent have dire consequences. This issue is greatly concerning the states as it connects truancy, academic failure and delinquency.
Curfew laws state the period in which youngsters can’t be in public area without being accompanied by an adult; only a few exceptions apply to school activities and studies. Although this may be seen as an attempt to thwart juvenile delinquency, freedom of association may arise as a problem as well. The consequences for violating curfew vary; some local governments have nothing more than warnings and an opportunity to go home, whereas others are fines, community services, and temporary suspension of driver’s license. Across the country, placing children in detention for curfew violations is rarely, if ever, the norm.
The term “underage drinking” refers to alcohol consumption by any person below the legal drinking age. It is one of the most significant public health issues in the country. This is one of the most frequent status offenses and it may give rise to serious psychic disorders, lawsuits and poor judgment.
REFERENCES
Arthur, P. J., & Waugh, R. (2008). Status offenses and the Juvenile Justice and Delinquency Prevention Act: The exception that swallowed the rule.
