Juvinile Essay Example | Topics and Well Written Essays - 1250 words

Juvinile - probe ExampleThese people are taken to regular courts and if need be are jailed by and by justice has been reached as per the rules of the land. On the other hand, if the offender is below 18 courses of age, a diverse set of rules apply. These persons are tried below juvenile law where the goal is to rehabilitate rather than penalise the minors for crimes done. This will be the focus of this discussion and this paper will look at confused issues as pertains to a juvenile case The People v. Eric S. Considering juvenile case number A125758 of the people as the plaintiff and Eric S. as the defendant/appellant, there are a number of issues that arise. This case arose when the appellant, 17 year old Eric together with his two teenage companions attacked a 44 year old man. During the attack, the appellant score the victim in the head with a two by four resulting in severe injuries. These injuries accommodate a gash in the head that necessitate seven staples, a fractu red cheekbone resulting to swelling of the face, a contusion on his right forearm and a sprained knee and torn ligaments (Justia US Law, 2). In step-up to this, the victim suffered a black eye and severe swelling of the knee and forearm. Being a segment of the Kaiser family foundation, the victim received extensive medical treatment at a Kaiser facility. After the court hearing, the appellant was declared a ward of the juvenile court when he admitted to a felony assault count of use force likely to cause great bodily injury. The decision of the court was to release him but amaze him on home probation under a number of conditions (Justia US Law, 2). In addition to these conditions, he was required to pay direct victim reparation. In the restitution hearing, the district attorney asked the court to include the appeal of the victims treatment at the Kaiser Foundation. This amounted to $51,270.06 which included $48, 619.90 for the cost incurred at the Kaiser Family plus an additio nal $2,650.16 for due expenses incurred by the victim. According to People v. Duong (2010) 180 Cal.App.4th 1533 (Duong), the court held that victim restitution ordered against adult offenders under Penal Code section 1202.4 may include amounts billed for medical services provided by a health maintenance organization (Findlaw, 5).As a result of this decision, there were a number of legal questions that arose, head start of all, the question of having to pay for the cost of all the treatment that the victim received at the Kaiser Family Foundation. Would it not be fair enough if the appellant only covered the victims out of-pocket expenses? This is from reasoning that the victim was a member of the Kaiser HMO and thus would not have to pay for the medical services that he received from the institution. Another question that arose was the fact that direct restitution should be limited to the economic losings a victim occurs as a result of an attack and should not include medical expe nses that the victim did not pay for personally. PART 2 In defense of the ordered restitution amount that was to include the medical care provided by the Kaiser Foundation, one critical question was answered by the case. This was the fact that ordering restitution for a victim in a juvenile case was to serve three functions which include, to rehabilitate the defender, to interrupt future delinquent behavior and finally to make the victim whole by compensating him for the economic release