Teens accused of killing retired police chief laugh, flip off victim’s family in court

#12
#12
Grand Vol said:
I would assume the burden is on the State to prove the "adulting" when deciding whether to charge as a minor vs. an adult?
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I would assume so as well. But its not going to be a question for a jury as to guilt or innocence. Not my area but I imagine that initial charging paperwork would state whether it is as an adult or as a minor and, if the Defendant wanted to challenge that, they could do so by pretrial motion. After that, it would usually matter only at sentencing.

I can see it mattering in certain jury questions as to sentencing, particularly the death penalty. If that were on the table and the jury had to decide on capital punishment, then age and mental capacity do become jury issues, at least down here.
 
#14
#14
lawgator1 said:
I would assume so as well. But its not going to be a question for a jury as to guilt or innocence. Not my area but I imagine that initial charging paperwork would state whether it is as an adult or as a minor and, if the Defendant wanted to challenge that, they could do so by pretrial motion. After that, it would usually matter only at sentencing.

I can see it mattering in certain jury questions as to sentencing, particularly the death penalty. If that were on the table and the jury had to decide on capital punishment, then age and mental capacity do become jury issues, at least down here.
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According to that article they are already being charged as adults.
 
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#16
#16
lawgator1 said:
Ok, and that will be an issue for their lawyers to argue against and take an appeal on, if need be.
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My question wasn't really answered... I probably didn't phrase it right.

But who is the burden of proof on to determine whether the accused can/should be tried as an adult? Or what criteria is in place to make that determination is probably the better question. I'm assuming legal precedence but I would assume there has to be written criteria to at least guide the decision.
 
#17
#17
lawgator1 said:
Ok, and that will be an issue for their lawyers to argue against and take an appeal on, if need be.
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I realize there's a lot of moving parts but as a general observation once it's determined that someone is to be charged as an adult how often does that turn out to be how it actually goes down?
 
#18
#18
Grand Vol said:
My question wasn't really answered... I probably didn't phrase it right.

But who is the burden of proof on to determine whether the accused can/should be tried as an adult? Or what criteria is in place to make that determination is probably the better question. I'm assuming legal precedence but I would assume there has to be written criteria to at least guide the decision.
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Yes, there will be a LOT of statutory and caselaw on that. Tons. Depends on each jurisdiction as to what factors to consider beyond raw "age on the date of the crime" type thinking. That has a role, obviously, but that's not the end of it.
 
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#20
#20
A public hanging, if they are found guilty, would be a public benefit.

Lots of boys full of aggression but not much sense could get a good education watching these young men who have played the fool lose that bravado when their eyes go wide and the noose goes tight.

Too many kids think everything is a video game theses days.
 
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#24
#24
Gandalf said:
A public hanging, if they are found guilty, would be a public benefit.

Lots of boys full of aggression but not much sense could get a good education watching these young men who have played the fool lose that bravado when their eyes go wide and the noose goes tight.

Too many kids think everything is a video game theses days.
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right, because boys doing illegal things only started with video games. I blame that Elvis Presley and his stolen rock and roll and his shaky hips.

the overall crime rate amongst youths is less than half of what it was in 2010.

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ojjdp.ojp.gov

but I am sure your old man yells at clouds mindset won't be swayed by a little thing like facts.
 
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#25
#25
LouderVol said:
right, because boys doing illegal things only started with video games. I blame that Elvis Presley and his stolen rock and roll and his shaky hips.

the overall crime rate amongst youths is less than half of what it was in 2010.

Loading…

ojjdp.ojp.gov

but I am sure your old man yells at clouds mindset won't be swayed by a little thing like facts.
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nahh, they young have been doing stupid things forever. Fact is, they were more aggressive in the past (at least by testosterone levels). By testosterone levels, we are litrerally 1/2 the men our grandfathers were, so its no real surprise the current generation is all but growing tits.

The difference in the past is that here in the "civilized world" at least, religious believe had some limiting impact and the rest was left to understanding the penalty was severe if they did catch you (which may have been rare(.

Youth today has little in religious tenants and even less of a sense that they are responsible for their actions and will be held accountable for them. It is easy to see things thorough a virtual lens and think you actually have experienced something. Knowing about war because you play Call of Duty.

I hear the self assurance of my young one telling me how things really are - until viola, reality smacks him in the face.
 
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