) Analysis under Tex. Fam. Code § 54.02(a)
The court must initially examine Sophia Edwards’ case under the Texas Family Code § 54.02(a) (West 2014). It sets forth three objective factors the court must find before considering whether to certify a minor for adult prosecution. In order to meet the first prong of this three-part test, Sophia must be facing felony charges. The drunken driving offense, if standing alone, could be classified as a misdemeanor. Tex. Penal Code § 49.04 (West 2011). Sophia, however, faces aggravated charges due to her passenger 's death. Under Texas law, this intoxication manslaughter charge is a second-degree felony offense that satisfies the first prong in this test. Tex. Penal Code § 49.08 (West 2011).
Under the second prong test of this section, the Court must examine the child 's age and the type of felony. This subparagraph allows for adult prosecution of a 14 year old who commits more severe felonies but prohibits adult prosecution for 14 year olds facing second-degree felony charges. Sophia, however, was 16 years old at the time of the offense and thus falls under subparagraph 2b which allows for adult certification of older children facing less severe, second-degree felony charges. Tex. Fam. Code § 54.02(a)(2)(B) (West 2014).
Finally, the juvenile court must determine after a full investigation whether there is probable cause that Sophia committed the offense alleged, the seriousness of the alleged offense, Sophia’s background, and
During In re Winship (1970), it was determined that juveniles, just like adults, are entitled to “beyond a reasonable doubt” during the adjudication process. It was also decided that “preponderance of evidence” was not enough to gain a conviction when it came to juveniles being charged with criminal offenses an adult could commit. Both In re Winship (1970) and In re Gault (1967) were designed to
-Felony: the defendant exposed his/her private parts to a child under the age of 16 (with a prior conviction of indecent exposure), including masturbating in the presence of a
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.
On September 1, 2015 House Bill 11 became effective in the state of Texas. Mainly authored by Dennis Bonnen a Republican member of the Texas House of Representatives, House Bill 11 amends many laws and actions towards the security of the Texas-Mexico border. The bill mainly deals for a long term solution to human trafficking and the flow of illegal drugs that come through the border. Both parties of the Texas House of Representatives amended House Bill 11 through a 131-12 vote, since many believed organized crime fueled by illegal drugs have swept through communities across Texas. The main goal for House Bill 11 is to strengthen the border through three primary actions the first is for the state to enact harsher laws for the smuggling of people and illegal contrabands. The second is to strengthen the border patrol force through providing improved tools, more frequent border checkpoints throughout the land, and increasing the population of border patrol officers. The third action of House Bill 11 is improving the sharing of crime data throughout the state by law enforcement to connect crimes in identify large criminal enterprises and stopping organized crime.
The law bicameral: Two houses make up the Texas legislature. 150 deputies and 31 senators met for 140 days in odd numbered years. The founders did not go the way of the traditional aristocracy, but favored a bicameral legislature through great compromise. This effectively created two houses. Congress (the Senate), would have equal representation between countries. The house of representatives (lower house), will more accurately reflect the state's population. In case over spending bills requiring both chambers approve or pass a specific law, where the house is considered more partisan, has been awarded the following powers: The beginning of expenditure or collect money, the power to accuse the officials, and the power to elect the president
To first start, I must say that in the last fifteen weeks of class I did learn a lot about Texas government and how does the state manage the power between the politician and the people that elect them and also how must of the laws and major decisions are taken and how everyone in the state take a big part at the time of making a change, make proposed change a law or apply for a new law.
Because the girl was under 12 at the time of the alleged offense, the first-degree felony carries a potential penalty of life in prison.
Christopher Garza Professor Sharifian GOVT 2306-71003 September 30, 2017 Appeals to Apathy: Legislation in Texas Running for public office in the state of Texas is not an easy task. The state is rife with gerrymandering, special interest groups, and a generally apathetic voting populace. To challenge an incumbent means to battle against all of that. The population of Texas that does vote is most likely to vote for the same person that they have been voting for. Special Interest groups will fund their campaigns, giving them a greater platform to reach voters than one would have as an individual. Gerrymandering allows an incumbent to draw their district in a way that maximizes their voting base while minimizing their opposition. For
Texas has a rich history that stretches as far back as 1824, where Mexico provided land grants to encourage its settlement. Such influences had immeasurable effect on its constitution and culture. Texas has been influenced throughout its history, it applies a separate set of rules to follow in its own constitution. It limits its own legislature and constantly argues against the power of national government, which reflexes Texas’ own unique perspective about its history and culture. Texas’ prevailing traditionalistic political culture has resisted social change through legislation, the argument of state’s rights and culturally.
The timeline of this case starts the night of the murder and Cyntoia is sent Juvenile Justice System and stayed there until her transfer hearing; she was put her because she was only six-teen at the time. During questioning from the detectives Brown states a full confession of the crime without legal representation; not knowing the meaning of the right to remain silent she talked. November 4, 2004 Brown has a transfer hearing at Davidson County Juvenile Justice center, this hearing determines whether she will be tried as a juvenile or an adult; she is still six-teen at the time.
Interim Charge 6 - Examine the Texas Family Code 's treatment of grandparents in the parent-child relationship, including Chapters 32, 34, 153, 161 and 162.
Amending the Texas Constituion rules are set by Article 17 of the Texas Constitution. You begin with the proposal for amendment of the Texas Constitution. It takes a two thirds vote of the full committee of both houses of the legislature. To constitute a two-thirds majority vote, one hundred members of the house and twenty-one senators must vote for the proposal to amend the constitution. Individual legislators’ votes must be publicly recorded. The legislature gets to choose the date for the ratification election. The Secretary of State will then draft a brief statement of each proposed amendment. Which then has to be approved by the Attorney General. A statement of these changes must be widely published before
Child support must ensure that children actually receive fair, timely, and sufficient support reflecting the state’s high standard of living and high costs of raising children compared to other states, Family Code Section 4053.
First, if a juvenile is stopped by a police officer for a crime the officer will determine what to do with the juvenile. The officer can either release the juvenile with a warning or go as far as arresting the juvenile and referring them to the District Attorney’s office. Once the juvenile is in custody they go through a process called intake. It is at the intake stage that the prosecutor (DA) determines whether to refer the case to juvenile court; similar to what is known in the adult criminal justice system as prosecution. It is at this stage that several factors are evaluated. The evidence is reviewed and the seriousness of the offense is considered along with whether or not the juvenile has a previous history with the juvenile court. After the evaluation and review of these factors a case may be dismissed, handled informally or the juvenile may be held in detention pending a formal hearing before a juvenile court judge. The prosecutor must file a petition to the courts
In most states, public safety and whether or not the needs of the juvenile defendant will