PLEASE PROVIDE A DETAILED RESPONSE FOR EACH CLASSMATE DISCUSSION POST 1-4

DISCUSSION POST 1: I understand the the age isn't specified but I believe that it can be a factor in the sentencing of the two. Everyone involved including the victim were all underage at the time of them drinking alcohol, which of course is not an excuse to have a light sentence or to blame the victim; but may still be factored in. I believe that both of the males should be handled in the juvenile courts. I believe this way they can have the opportunity to receive some proper rehabilitation and further counseling. Punishment does need to be given so that they know what they did was not right. Rape is nothing that should be taken lightly but I do think that the victim not remembering nothing about the incident doesn't help much with the case against them. I do think that probation would be too light and believe that it would not be appropriate in this situation. I do think victim-offender mediation should be apart of this situation as well, but can be triggering. It could be a good idea so that it can bring some understanding and accountability. " Victim-offender mediation brings together victims, offenders, and other members of the community to hold offenders accountable not only for their crimes but also for the harm they caused to victims ." (Merlo, Benekos 354)

Merlo, A. V., & Benekos, P. (2018). The Juvenile Justice System: Delinquency, Processing, and the Law (9th ed.). Pearson Education (US). https://ccis.vitalsource.com/books/9780134813295

DISCUSSION POST 2: To break this incident down the sexual assault is a violent felony, releasing the pictures is also a felony, and then a misdemeanor for underage drinking. Without additional information I believe this should be handled in adult court. Possible mitigating factors would be the ages of the children, who was the primary influencer in the situation, and precursors to the incident. For example, if the sexual assault was a premeditated activity, if the children had engaged in sexual behavior together in the past, and where did the alcohol come from. Reading the discussion it sounds as if this was a predatory act where the two males planned to get the female drunk in hopes of engaging in sexual conduct. Premeditated predatory behavior should result in adult court and absolutely no probation.

The text explains that chronic recidivists and violent offenders are not typically good candidates for probation but community programs are being built to handle such offenders. (Merlo & Benekos, 2018) The American Bar Association encourages juvenile probation for sex offenders because that is typically their "first and only sex offense". (American Bar Association, 2009)

American Bar Association. (2009, February). Juvenile sex offender policy. https://www.americanbar.org/groups/public_interest/child_law/resources/attorneys/juvenile_sex_offenderpolicy/

Merlo, A. V., & Benekos, P. (2018). Juvenile Justice System, The (9th ed.). Pearson Education (US). https://ccis.vitalsource.com/books/9780134813295

DISCUSSION POST 3: I believe that the electronic monitoring system is a very good alternative. I also believe that if the juvenile keeps messing up while on it, they should then just have to finish their remaining time in a juvenile detention center. If they are not able to still follow the rules with the freedom of not being locked up then they may not take the punishment serious. While on the ankle monitor they are still able to go to school and work if they have a job. " an ankle monitor is only a deterrent to one wishing to be done with the legal system, by never having to be incarcerated again." (2023) That makes me think of the saying that you can lead a horse to water, but you can't make them drink it.

However, some of the cons with an ankle monitor makes more issues for the police then what might be needed. If the individual goes out to far from their house to take the trash out or grab groceries for their parents, this could make the monitor go off and cause the police to respond. "These typically bulky, heavy and pager-like devices, despite their increased use over recent decades, have only seen minimal technical improvement." (2022)

References:

Three People Share How Ankle Monitoring Devices Fail, Harm, and Stigmatize | ACLU

The Cons of Traditional Ankle Monitoring - Talitrix

DISCUSSION POST 4: Electronic monitoring can be a good alternative to incarceration because it still gives the juvenile some freedoms and they can still attend school and possibly work if they have a job. Electronic monitoring can keep track of them and making sure they are where they are supposed to be and making sure they are meeting their curfew times. I believe EM can be better than house arrest where one would be strictly confined to their home and not able to leave. Depending on the situation house arrest may be the better option. It is very important the juvenile follows the rules put in place with their EM so that they do not receive a more harsh punishment that they would have before. I know there can be some push back of EM such as the cost of it and how it can be a burden for the families of the juvenile. "Courts can charge fees for EM, and they have to be paid by parents or guardians for youth. Financially, this can be an additional burden to families and youth." (Merlo, Benekos 349)