Commonwealth V. Fisher Case Summary

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When juveniles enter the juvenile justice system, there are special laws and regulations that can determine whether the juvenile is tried as an adult. Offenders can enter the juvenile justice system if they have not reached the age of 18, but severity of the crime can determine if the juvenile will be tried as an adult. Juvenile delinquency is still a major issue in the United States in today’s society. Many young children before the Commonwealth v. Fisher case were subject to the same criminal laws and regulations of adult offenders. There were no exceptions to young offenders by having a specialized juvenile court to try them as a juvenile delinquent. According to Parry (2005, p. 44), this case "reinforced the doctrine of parens patriae and…show more content…
Notice of the charges; 2. Right to a counsel; 3. Right to confrontation and cross-examination; 4. Privilege against self-incrimination; 5. Right to a transcript of the proceedings; and 6. Right to appellate the review” (Parry, 2005, p.90). Arizona law at the time did not permit an appeal for juvenile cases. As a result, Gerald Gault was deprived of his constitutional right overturning the state results.The courts now have applied due process limitations to waive hearings to determine the whether the juvenile is innocent or guilty. Laws that were given to juveniles are: • The right to counsel; • entitle to notice; • the right for cross examination; • privileges against self-incrimination • Double…show more content…
Only if the juvenile court waived its jurisdiction in a case could a child be transferred to criminal court and tried as an adult. Transfer decisions were made on a case-by-case basis using a “best interest of the child and public” standard and were thus within the realm of individualized justice” (Parry, 2005). Scott and Grisso believed that adolescents engage in criminal activity during their teenage years and tend to stop when they are transition into adulthood. In Moffitt etiological theory states that youth adolescents engage in antisocial behavior can be understood as related to the difference experienced by modern youth between early biological maturity and late social maturity and independence (Moffitt, 1993). Adolescence youth typically do not reason perspectives and consequences, which they focus on the present of what’s going on rather than the future. During the time of adolescence there are many factors in which individuals can be influenced by peers, media, peer pressure, and many environmental factors. Maturity is a great factor in reasoning and understanding day-to-day problems that individuals face. Emotions tend to get the best of adolescence youth because they have a harder time controlling emotions, which they do not think rationally or fully understand the concepts or

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