Decertification to Juvenile Court

[abram]

I've seen a document specifying criteria a judge follows in determining a decertification to Juvenile Court. Its overall concern is how it will serve the public interest to do so. It is unfair that one must admit ones own guilt to be eligible. It is also unreasonable for the criteria not to include the effect on a child of, lagging in jail, being hauled around in shackles, separated from his/her family, etc. etc., in effect being hardened, on the chance he/she will be released if found not guilty or acquitted. How does it serve the public interest to harden a young developing child who is released because of his/her innocence.
Jordan should not be or have been treated as if he were a terrorist. He should be out on bail and if there is a trial he should be tried in Juvenile Court. That would have been and is, the civilized thing to do.

[jc]

Is it possible to know how the procedure is set ? I mean everything that is going on now is part of a legal process (however biased), it is important to know about the process in legal terms so that we can understand what is going on and so that we can reply to people who'd think that if he is locked now it must be because he is guilty.

[wolfi2]

new link about this case

uponfurtherreview.philadelphiabar.org/page/Article?articleID=b7295aee-ed16-4610-bc97-b194e913931e

[abram]

An interesting study about punishment, rehabilitation and juvenile treatment as it is in the U.S., other countries, how it should be approached and laws governing juveniles.

The link is to a pdf file;
www.usfca.edu/law/docs/sentencing_our_children/

Page 2
“Experts have documented that children cannot be expected to

have achieved the same level of psychological and neurological devel-

opment as an adult, even when they become teenagers.3 They lack

the same capacity as an adult to use reasoned judgment, to prevent

inappropriate or harmful action generated as a result of high emotion

and fear, and to understand the long-term consequences of rash

actions.4
”

Page 26
“The common law heritage of the United States and of some of

the states that allow for LWOP in their laws130 evolved a century ago to

impose a separate punishment structure on children and to prohibit

LWOP sentences.131 The Children Act of 1908 in England required

differentiated treatment of children and adults and “leniency in view

of the age of the offender at the time of the offense.”132 The practice

of imposing LWOP sentences on children has been a more recent

phenomenon at the end of the last century, largely in the 1990s, by a

small minority of countries seeking harsher sentences against juvenile

offenders.133
”

[Melissa]

Thank you both for the links. Very interesting!