Showing posts with label Court skills. Show all posts
Showing posts with label Court skills. Show all posts
In Phoenix, a judge will have to decide if a 9 year old is competent to stand trial for the rape of an 8 year old. The teacher of the child reported that he wore the same clothes for months, came to school smelling bad, was often hungry, and did not do well in school. We do not know if the teacher reported the boy's maltreatment to the child protective services. After this period of alleged neglect of his basic needs (clean clothes and adequate food), he and several other boys were accused of raping an 8 year old girl. Both what it is alleged that he did and what it is alleged was done to him were wrong. Should the children be held accountable for their actions, but should the parents be held accountable, as well?



We know that violence is related to having a childhood background of trauma and not receiving sufficient services to heal from the trauma and gain appropriate coping skills. We also know that children's brains and skills are still developing, so if we want them to ever have the ability to function well in society, they need treatment to reduce their problems. Without treatment, they will have severe problems for a lifetime. So how and when do we provide needed services to maltreated children so they do not start mistreating others.

At a recent International Conference on Children and the Law in Prato, Italy, many professionals sated that the child welfare/protective services systems "feed" the juvenile justice systems. Children that grow up in violent homes tend to perpetrate violence as they grow older. They come to believe it is their survival and the "norm." Consequently, they "float" in and out of the two systems depending on circumstances.
 
How can the child protection system keep these children from entering the juvenile justice and then the criminal justice systems? First, everyone agrees that departments of social services tend to be understaffed, over worked, under paid, under educated, and lacking in resources. This is not an attempt at finger pointing, but it is to say that there are problems that need to be solved.
The US has one of the highest violence and incarceration rates of all of the industrialized nations. We must find ways to reduce these rates. We can start by referring children to treatment, rather than incarceration.
 
Additionally, the US is under financial strain. Community services cost much less than incarceration and could reduce suffering and unnecessary government spending. It is worth examining how increased services at the child protection level may reduce violence among young people and adults.

Recent events in the news point to some of the problems in goals and direction in the child protection systems (CPS). It has been reported that at least one CPS worker went to the house of the sex offender, Phillip Garrido, because a community member had reported seeing children in the home of a registered sex offender. While she was not discovered, it proved to be Jaycee Dugard who was allegedly kidnapped by Garrido when she was 11 years old and held captive in his back yard for 18 years.

Child welfare workers reported that they went to the home of Mesac Damas and said the children were fine, despite years of domestic violence by Mr. Damas. Now, it is alleged that Damas brutally murdered his wife and all of his children and then flew to Haiti.

Then there are the children that departments of Social Services have lost track of and those who have been abused while in foster care. In September of 2009, an investigation began on the Houston Child Protective Services following several deaths of children living in homes that had been previously investigated by CPS. In Arizona, in 2009, parents with an extensive history with CPS, face charges in the drowning death of their 1 year old daughter.

How can public agencies that serve children and families be improved? There have been several studies and proposals.

o Over the years, caseloads have been reduced and this needs to continue.
o Stepped up recruitment of new foster parents who are highly qualified to care for special needs children.
o Increased screening of foster parents and their ability to care for children
o Stringent monitoring of children in homes with ongoing domestic violence
o More involvement of law enforcement investigative departments when children are harmed or killed by caregivers.
o Services to abusive and neglectful families is increased with coordination among agencies providing treatment
o Increased funding of these agencies.
o Use of highly qualified child and family experts to determine child and family needs.
o Case workers will have at least a Masters degree in a social work, psychology, or mental health related field to have direct contact with a family or be responsible for managing a case.
o Ongoing education and consultation on family functioning, counseling, child development, trauma, sexual offending, violence, case management, substance abuse, forensics, and other topics.
- Mental health services for all youth and families that need it.

Some countries have combined the departments of social and juvenile services because the agencies serve the same families and interventions for youth should always involve families. Combining these two agencies, may make the focus more toward families than individual youth. Systemic changes may help youth and families also be more successful.

We've all experienced the shock of watching stories like these on TV, but have you ever wondered why some seemingly ordinary people commit violent crimes? Would you be amazed to know that many of them could have been predicted and prevented if someone had seen the warning signs and intervened before it was too late? Would you like to know how you can protect your children from becoming either the victims or perpetrators of a violent crime? Do you need some way to measure youth violence risk?

Dr. Kathryn Seifert is a psychotherapist with over 30 years experience in mental health, addictions, and criminal justice work. Dr. Seifert has authored the CARE 2 and a parent and professional version of "How Children Become Violent." The parent version has an orange cover and a kindle book on Amazon. She speaks nationally on mental health related topics and youth violence. She is an expert witness in the areas of youth and adult violence and sexual offending. Get her free email newsletter at http://www.drkathyseifert.com She has appeared on EBRU TV's Bullying in America and will appear on the Discovery Channel ID Program, Wicked Attractions, soon.


Article Source: http://EzineArticles.com/3014465

Social worker court skills

Being a social worker is a valuable career in our communities today. They are always trying to help people better their lives and situation. This field has many different specialties and areas of emphasis. There are those who choose to work with abused children and battered spouses. You may also choose to work with those involved in substance abuse or the elderly struggling with adjustments at an assisted living facility. One highly specialized social working career is in criminal justice. This type of work has a high level challenges but can be a great fit for a certain type of individual.



If you are interested in helping people who have been accused of a crime, or are experiencing legal problems, you may want to consider this career choice. You have to have a concern for those who can't afford legal representation or who don't really understand their rights as a citizen of this country. Not everyone knows their way around the court system. Also some people have anger issues that get in their way socially and could impede their presence in court or with authorities. A social worker can assist with these issues.

There is a way to also help former inmates assimilate return to society again. You will be helping people who are already incarcerated by assisting them with getting all of their requirements completed for parole. Helping them meet the requirements stipulated by the courts or parole board so that they won't risk getting arrested again is a task that is very beneficial for them. Another role is to find suitable counseling, rehab programs or employment for those involved in the court system.

To be successful in this extraordinary field, you have to be extremely patient. You can't become easily frazzled or unhinged when faced with angry personalities. You will need to be firm on what needs to be done and take heart that you are helping others even if you don't get gratitude in return. If you are serious about making a difference in the legal system or want to be a big part of helping this population you will be an excellent candidate. Research the requirements of this field at any university that offers social work degrees.

Learn more about Forensic Social Work and Criminal Social Worker careers.


Article Source: http://EzineArticles.com/5616121

Court skills training and webinar

Courts process many hundreds and even thousands of documents every day in court cases, ranging from minor traffic tickets to murder. Some types of cases processed in the court system include traffic infractions, domestic disputes, small claims, personal injury claims, bankruptcies, and criminal charges ranging from minor misdemeanors to serious felonies. Court clerks play an essential role in the daily operations of all court systems, including municipal, county, state, and federal courts.

What is a Court Clerk?
A court clerk performs a variety of tasks in the everyday operations of a courthouse. A court clerk may provide face-to-face customer service in a clerk's office, and take calls from people asking about court services, like how to file for divorce, for example. Court clerks often research and prepare copies of court documents, which sometimes involve looking at microfilm of very old court cases.
They take new cases for filing, and perform many other administrative and customer service tasks. The specifics of a court clerk's job will vary depending on the jurisdiction of the particular court, but a court clerk always works in direct contact with people who need to navigate the court system.

What Skills and Knowledge Does a Court Clerk Need?
If you want to work as a court clerk, you'll need a good combination of clerical, computer, and people skills. You must learn to adapt quickly to technology and use database programs specific to the court system that you will be working in. You will also need to be familiar with legal documents and legal terminology, and you must have the ability to keep cool under pressure.

A lot of the people you'll come into contact with might be angry, upset, or confused about their involvement in the legal system. While this can make clerking a stressful job, it is also an exciting one, since you will get to see major court cases from the frontline.

What Kind of Training Does a Court Clerk Need?
In most cases, there is no formal education required to work as a court clerk. Even though a college degree isn't strictly required, a certificate or associate degree will be helpful. Courts sometimes hire people who have general administrative and customer service experience, especially in smaller towns.

In larger court systems with a high volume of cases and more demanding customer service requirements, prior work in the legal field and extensive familiarity with legal terminology will probably be required. You can get relevant experience by working as a legal secretary, legal assistant, or file clerk.

How Will I Know if a Job as a Court Clerk is Right for Me?
A good way to see what a court clerk actually does is to simply visit your local courthouse and watch how things unfold at the clerk's office. You are likely to see clerks behind the counter entering data, stamping documents, and answering customers' questions.

If you enjoy working in a fast-paced environment with the opportunity to interact with a variety of different people, court clerking may be for you. If you keep calm under pressure, have good clerical and computer skills, and enjoy a job that focuses on customer service, organization, and multi-tasking, you have the skills to land a job as a court clerk.

Copywrite Kenneth Echie. Kenneth is a writer for Criminal Justice Schools. Get free scholarship report and learn to become a Court Clerk by visiting.


Article Source: http://EzineArticles.com/1946904




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Queensland has a court hierarchy comprising three tiers. All criminal charges commence in the Magistrates Court, which considers bail, resolves simple offences and commits the more serious offences to either the District or Supreme Court. These higher courts also have an appellate jurisdiction and can resolve both factual and sentencing disputes. The bulk of criminal appeals however are determined before a panel of three to five Supreme Court judges who comprise the Court of Appeal.

MAGISTRATE COURT:
The Magistrates Court is the first Court in the Queensland Criminal court hierarchy. All criminal and traffic charges are commenced in this jurisdiction. Generally for less serious matters this process will originate by either a Notice to Appear or by way of a Complaint and Summons. More serious charges will begin with an arrest and an application for bail.

A Magistrate has the power to grant bail in relation to all offences except an offence carrying imprisonment for life, which cannot be mitigated or varied under the Criminal Code or any other law or an indefinite sentence under the Penalties and Sentences Act 1992, part 10.

Statistics demonstrate the Magistrates Court are the busiest Court in the State. In the 2009-2010 financial year the Magistrates Court finalised 170,685 defendants. This compares to 5,457 defendants finalised in Queensland Higher Courts,

The Magistrates Court largely conducts summary offences such as traffic infringements, shoplifting, and public nuisance matters. In some instances the court determines less serious indictable offences involving burglary, assault, fraud and drugs.

A Magistrate is a unique judicial position in that they are required to decide both the relevant law and the facts of a disputed matter. The Magistrates Court does not have the benefit of a jury to determine the facts of a case.

For more serious offences, the Magistrate has the administrative function of determining whether there is sufficient evidence to place an accused on trial in a higher court. Where the Magistrate determines that there is insufficient evidence they have a power to dismiss the charge. Where however, the court determines that there is a prima facie case they must commit the accused to either the District or Supreme Court for trial.

DISTRICT COURT:
The District Court determines more serious indictable charges such as rape, armed robbery, fraud and some drug matters. Matters generally proceed to this jurisdiction following an administrative consideration by a Magistrate in the lower court. This process is known as a Committal Hearing and in some instances means that there has already been cross-examination conducted on the prosecution witnesses.

Unlike the Magistrate Court, where the Police prosecute matters, charges in this jurisdiction are prosecuted by the Director of Public Prosecutions. In some cases the DPP has a discretion to present an ex officio indictment to commence proceedings. The Director may do this even though a Magistrate has previously determined that there was insufficient evidence to commit the accused.
Charges in this jurisdiction are commenced when the Director of Public Prosecutions presents an Indictment to the Court.

If a matter proceeds to a trial then the facts will be determined by a Jury and the law by the Judge. Once the jury determines whether the Defendant is guilty or not guilty of an offence their duty is completed and they take no further role in the proceedings. If the accused is found guilty of the offence the trial judge will determine the sentence.

The District Court also has an appellate jurisdiction and can hear appeals of decisions and sentences imposed in the Magistrates Court.

SUPREME COURT:
The Supreme Court determines the most serious indictable charges including murder, manslaughter and serious drug charges.

As in the District Court matters proceed to this jurisdiction from the Magistrates Court, by way of an ex-officio Indictment or Committal Hearing. The Director of Public Prosecutions has carriage of the prosecution of matters in this jurisdiction.

Again, as in the District Court, if a matter proceeds to a trial then the facts will be determined by a Jury and the law by the Judge.

The Supreme Court has a power to grant bail in relation to all criminal charges, including those offences where a Magistrate is restrained from considering the application. Where an accused feels aggrieved by the decision of a Magistrate or District Court Judge to refuse bail, they can have the application re-heard before a Supreme Court Judge.

COURT OF APPEAL:
The Court of Appeal determines criminal appeals from the District and Supreme Courts. The appeal is a review of the Courts decision or an appeal that the sentence imposed was either manifestly excessive or manifestly inadequate.

Matters proceed to this jurisdiction from the District Court or Supreme Court, by way of a Notice of Appeal. Either an accused person or by the Director of Public Prosecutions, may bring an appeal against sentence. Such application must generally be commenced within a limited time frame, although in some cases an application may be brought, with the leave of the Court, out of time.

The Court of Appeal is comprised of a panel of three to five Supreme Court judges, depending on the nature of the matters raised in the notice of appeal.

Each of the courts plays an important role in the overall process. It is imperative that those charged with a criminal or traffic offences have an acute awareness of the process involved in each of the courts and where charges will ultimately resolve. It is also important to note where rights of appeal lay.

Criminal law is a unique and complex area of legal practice. It requires an understanding of a myriad of relevant laws, court procedure and an ability to advocate on behalf of your client.
Michael Gatenby established Gatenby Criminal Lawyers as a boutique criminal law firm to provide strategic representation for those charged with criminal or traffic offences. We understand criminal practice, its all we do.

When your liberty and reputation is at stake, you should demand a lawyer with the skills and commitment to provide your fearless defence.

Visit our website http://www.gatenbylaw.com.au or contact us for advice (07)55800120. We regularly appear in all Queensland Courts and travel interstate by appointment.


Article Source: http://EzineArticles.com/6879206




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