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Trying juveniles as adults
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Blurf Send message Joined: 2 Sep 06 Posts: 8962 Credit: 12,678,685 RAC: 0 |
UPDATE: With their attorneys the suspects (both 17) have waived their right to a trial and pled guilty with full admission (as I've been told) to the charges. The one who did the beating will be sentenced as an adult. The one who supposedly didn't touch me (I truly can't remember id he did or not) will be sentenced as an accessory and as a Juvenile. In exchange for this there will be no media involvement and they each have to do 1000 hours of community service to a Service Agency dealing with service to those with developmental disabilities. I will also get $2000 in restitution from each. I have chosen to donate that money to the agency they will do the service for in their names. There will be no retribution on me for the injuries they've suffered and no civil suits on either side. I have accepted this and the case is considered closed. |
Dr. C.E.T.I. Send message Joined: 29 Feb 00 Posts: 16019 Credit: 794,685 RAC: 0 |
UPDATE: . . . Congratulation & Thanks for the Update Pete (some good News eh) < an added note: nice with the Donation Sir . . . BOINC Wiki . . . Science Status Page . . . |
Hev Send message Joined: 4 Jun 05 Posts: 1118 Credit: 598,303 RAC: 0 |
That's good news Blurf, that you had a satisfactory outcome. But, what puzzles me is how this pick and choose mix works. If they are both juveniles, aged 17, how does one get sentenced as an adult, when he isn't an adult? |
OzzFan Send message Joined: 9 Apr 02 Posts: 15691 Credit: 84,761,841 RAC: 28 |
That's good news Blurf, that you had a satisfactory outcome. In some states in the U.S., 17 is borderline and depending on the crime, they can be tried as an adult. The problem is too many people assume that its a hard line set by the Federal Courts, but each state has their own laws regarding what they view as 'adult'. For instance, in most states 17 is considered of legal age for sexual intercourse without being tried for statutory rape, but a few states (Alabama included) have it at 16 years of age. For more on sexual abuse laws by state, see here. |
OzzFan Send message Joined: 9 Apr 02 Posts: 15691 Credit: 84,761,841 RAC: 28 |
Back in August 2006, while I was walking down a street eating lunch, a teen-ager with two accomplices stuck a pistol to my head and demanded that I empty my pockets. Luckily I had thought never to carry my cards with me unless I actually needed them, and didn't think about the housekey. I did have about $55 with me and that seemed to satisfy him rather quickly. I do carry emergency money like this which increases the chances that the robber be satisfied and not to shoot me. I also lost a pepper-spray canister, but what the heck? Chances are, the mother of this kid has about six children, all with different fathers, is big and fat, had her first kid at fifteen or so and never finished high school. Probably most or all involved have something to do with illegal drugs. So if it's not parental abuse, it's probably neglect that allows the kids to join other kids and be bad. Maybe those kids had already found girls and gotten them pregnant. I currently work with a very nice woman who's husband was brutally murdered 9 years ago by some teenage thugs because he wasn't carrying enough cash on him (he had $300 on him). She didn't see justice happen to them until last year. I do not know more details than that, but its still a sad story regarding youth and crime. She still cries every once in a while... she loved him so much. |
kittyman Send message Joined: 9 Jul 00 Posts: 51469 Credit: 1,018,363,574 RAC: 1,004 |
UPDATE: I admire your attitude through this ordeal.....and donating the restitution fines is a fine gesture indeed. Glad you have been able to come through it with your pride, dignity, and attitude intact. I would like to know what the outcome of the sentencing is....... "Freedom is just Chaos, with better lighting." Alan Dean Foster |
John Clark Send message Joined: 29 Sep 99 Posts: 16515 Credit: 4,418,829 RAC: 0 |
Blurf Many thanks for the update, and the basis of the closure for you and your wife. I am pleased things went relatively straightforwardly, and I hope, against hope, the Service Agency can start to turn them towards being good citizens. John It's good to be back amongst friends and colleagues |
Hev Send message Joined: 4 Jun 05 Posts: 1118 Credit: 598,303 RAC: 0 |
That's good news Blurf, that you had a satisfactory outcome. I can see now that it is a minefield. In the case of statutory rape it looks incredibly complicated and varies a lot from state to state. I suppose that is one of the reasons why the U.S. although being a member of the United Nations, has not, along with Somalia, ratified the Convention on the Rights of the Child, which agrees that the age of majority is 18. |
Blurf Send message Joined: 2 Sep 06 Posts: 8962 Credit: 12,678,685 RAC: 0 |
That's good news Blurf, that you had a satisfactory outcome. I don't know Hev...I think it's because one physically touched me..the other didn't. |
Qui-Gon Send message Joined: 15 May 99 Posts: 2940 Credit: 19,199,902 RAC: 11 |
That's good news Blurf, that you had a satisfactory outcome. That can't be the reason, Blurf, since an accomplice is liable to the same extent as a principal. So even if the one didn't touch you, he would be treated under the law the same as the one who did. As the victim of a crime, you have certain rights in all states. Did you discuss the case with a victim advocate? Did you express your views on the way the case was to be disposed? Did you give a statement to the Court at sentencing? This case was concluded so quickly, that it seems like your rights might have been overlooked. I am a little confused about the "no media involvement" part of this deal. There are laws that prevent reporting the name of a juvenile, but those laws can not stop the press from reporting the facts of a case (to do so would be government censorship). As for the one who is being sentenced as an adult, even that person's name should be fair game for reporting. I have never seen a plea agreement that tries to limit reporting of a story, and in fact the courts, the prosecutor and the defense have no authority to prevent "media involvement". |
Mac Girl. Send message Joined: 15 Mar 06 Posts: 679 Credit: 15,042 RAC: 0 |
This is a difficult one. I don't know much about psychology, but I thought we knew enough nowadays about human psychology, and particularly the differences between adult and child psychology to be able to ascertain how we should treat young offenders. I always thought that children were different from adults, although admittedly they can occasionally commit some horrific crimes. But do they really know the difference between 'right' and 'wrong' in the same way as adults? I thought we had moved on in our knowledge about human nature and that the courts had taken this on board. However, it is difficult not to feel angry when a horrible crime is committed, either by an adult or a kid, so people naturally want punishment rather than 'rehabilitation.' 'No one can make you inferior without your consent.' Eleanor Roosevelt. |
kittyman Send message Joined: 9 Jul 00 Posts: 51469 Credit: 1,018,363,574 RAC: 1,004 |
That's good news Blurf, that you had a satisfactory outcome. It was because of their physical involvement in the assault.......the aggressor should be charged as an adult.....and then some...... I'd just as soon be putting a .44 through their temple........ But I suppose there would be those that would have said the same when I was 16yo....but I did many things wrong when I was that age..... If i had been punished properly for them when I did them instead of being left off....... I paid a lotta time and cash for for my sins.......... They were all drinkin' and drivin' jousts........not an assault on any individual....... "Freedom is just Chaos, with better lighting." Alan Dean Foster |
Angela Send message Joined: 16 Oct 07 Posts: 13131 Credit: 39,854,104 RAC: 31 |
Blurf, you are a noble dude and a class act! |
Blurf Send message Joined: 2 Sep 06 Posts: 8962 Credit: 12,678,685 RAC: 0 |
That can't be the reason, Blurf, since an accomplice is liable to the same extent as a principal. So even if the one didn't touch you, he would be treated under the law the same as the one who did. Quigon--I have no concerns here. Wife and I am perfectly satisfied with the results of the case. I made a statement to the authorities the evening it occured and they gave no resistance on anything and simply wanted to get it over with. My lawyer (who is a former judge) is also pleased with the situation as I previously expressed a request for a quick resolution. I would ask that people respect my wishes that this is over....I don't ever want to go through something like that again |
Angela Send message Joined: 16 Oct 07 Posts: 13131 Credit: 39,854,104 RAC: 31 |
I would ask that people respect my wishes that this is over....I don't ever want to go through something like that again I have asked Blurf to add closure to this thread as well by locking it. Thank you to all who participated. Fondly, Angela |
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