Scenario: As a juvenile court judge, you are forced to make a tough decision during a hearing: whether a juvenile should be waived to the adult court. It seems that gang activity has become a way of life for residents living in local public housing projects. The “Bloods” sell crack, and the “Wolfpack” controls the drug market. When the rivalry between the two gangs exploded, 15-year-old Bryan Johnson, a Wolfpack member, shot and killed a member of the Bloods; in retaliation, the Bloods put out a contract on his life. While in hiding, Bryan was confronted by two undercover detectives who recognized the young fugitive. Fearing for his life, Bryan pulled a pistol and began firing, fatally wounding one of the officers. During the hearing, you learn that Bryan’s story is not dissimilar from that of many other children raised in tough housing projects. With an absent father and a single mother who could not control her five sons, Bryan lived in a world of drugs, gangs, and shootouts long before he was old enough to vote. By age 13, Bryan had been involved in the gang-beating death of a homeless man in a dispute over $10, for which he was given a one-year sentence at a youth detention center and released after six months. Now charged with a crime that could be considered first-degree murder if committed by an adult, Bryan could be sentenced to life in prison if waived to the adult court.
At the hearing, Bryan seems like a lost soul. He claims he thought the police officers were killers out to collect the bounty put on his life by the Bloods. He says that killing the rival gang boy was an act of self-defense. The district attorney confirms that the victim was in fact a known gang assassin with numerous criminal convictions. Bryan’s mother begs you to consider the fact that her son is only 15 years old, that he has had a very difficult childhood, and that he is a victim of society’s indifference to the poor.
Writing Assignment: First, identify one criminological theory you think best explains Bryan’s involvement in crime. Briefly discuss the main tenets of the theory and how it applies to this scenario (500+ words). Then, choose one of the following positions (500+ words): (1) take the role of an assistant district attorney arguing for waiver of Bryan to the adult court; (2) take the role of the defense counsel arguing for his retention in juvenile court; or (3) take the role of a juvenile court judge assigned to hear the case and make a decision in the matter. Use course materials, including the readings and videos, to develop and support your argument. Explain your reasoning.
