05-29-2013, 02:29 PM
Suspect's second appearance is coming up in a couple of hours.
As noted upthread, he's expected to plead "not guilty".
This release today suggests that his attorneys might also file a motion to dismiss charges.
Snip:
"I don't think there are many circumstances where it is appropriate to put a 12-year-old on trial where there is a lot at stake," Reichel (suspect's attorney) said. "You have to agree with me that we wouldn't want to try a 6-year-old. We wouldn't want to try an 8-year-old. At what point do we draw that line? We only try individuals who are competent enough to actively participate and understand what's going on, and, in all honesty, I don't think many 12-year-olds have that maturity."
Myers ( law professor at University of the Pacific's McGeorge School of Law) said the question defense attorneys are raising could be a major point of contention in the case, noting, for instance, that some children might not comprehend the choice they're making when asked if they wish to waive their Miranda rights.
"Kids who are very young may not understand the nature of the rights they're giving up," he said. "In fact, there's some pretty good empirical literature, done by psychologists, that says kids under 12 almost never understand what Miranda means. Even kids of normal intelligence are just too immature."
According to the Department of Corrections, there were 754 youth offenders in California's juvenile justice facilities and camps as of Dec. 31, none under the age of 14. Most juvenile cases are settled out of court by defense lawyers, the district attorney and a probation officer, and most juvenile hearings are closed to the public, but this case will bear a stronger resemblance to criminal court proceedings, Myers said.
"In the vast majority of juvenile cases where there is no adjudicatory hearing, it's a pretty informal exchange, but here it will be quite formal," Myers said. "The lawyers will be behaving like lawyers, making objections and so forth. It's going to look almost exactly like a criminal trial except there's no jury and the defendant is little."
http://www.recordnet.com/apps/pbcs.dll/a.../305290325
As noted upthread, he's expected to plead "not guilty".
This release today suggests that his attorneys might also file a motion to dismiss charges.
Snip:
"I don't think there are many circumstances where it is appropriate to put a 12-year-old on trial where there is a lot at stake," Reichel (suspect's attorney) said. "You have to agree with me that we wouldn't want to try a 6-year-old. We wouldn't want to try an 8-year-old. At what point do we draw that line? We only try individuals who are competent enough to actively participate and understand what's going on, and, in all honesty, I don't think many 12-year-olds have that maturity."
Myers ( law professor at University of the Pacific's McGeorge School of Law) said the question defense attorneys are raising could be a major point of contention in the case, noting, for instance, that some children might not comprehend the choice they're making when asked if they wish to waive their Miranda rights.
"Kids who are very young may not understand the nature of the rights they're giving up," he said. "In fact, there's some pretty good empirical literature, done by psychologists, that says kids under 12 almost never understand what Miranda means. Even kids of normal intelligence are just too immature."
According to the Department of Corrections, there were 754 youth offenders in California's juvenile justice facilities and camps as of Dec. 31, none under the age of 14. Most juvenile cases are settled out of court by defense lawyers, the district attorney and a probation officer, and most juvenile hearings are closed to the public, but this case will bear a stronger resemblance to criminal court proceedings, Myers said.
"In the vast majority of juvenile cases where there is no adjudicatory hearing, it's a pretty informal exchange, but here it will be quite formal," Myers said. "The lawyers will be behaving like lawyers, making objections and so forth. It's going to look almost exactly like a criminal trial except there's no jury and the defendant is little."
http://www.recordnet.com/apps/pbcs.dll/a.../305290325