Juvenile court takes place in civil court, not criminal court. This is purposeful in its approach. Given that we want to avoid stigmatizing juvenile offenders, an approach taken is to handle their legal violations in civil court where family court issues are handled. The idea here is that handling juvenile offenders in criminal court would result in a “conviction” rendering the juvenile offenders convicts, thus stigmatizing them.
However, in civil court, whether it is used for family court, civil process, lawsuits, or juvenile offenders, has always utilized a different standard of evidence than the criminal court. Read In Re Winship and conduct a legal brief on this landmark ruling. A legal brief requires the following: the case title, statement of the issue of the case, the details of the case background, and the way in which the court ruled, with an explanation supporting that ruling.
At the conclusion of your case brief, take a stance for or against the ruling handed down. Do you agree with The High Court’s stipulation on the standard of evidence required for adjudication of a juvenile offender? Why or why not?
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