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Originally Posted by flat5
My choice of words were imprecise. I knew that when I wrote the post.
I don't know law or the best way to phrase my concern. I also know the DA is only considering weather to try the kid as an adult.
My question still stands. Why under the law is it possible for a DA to try a 14 year old as an adult? It just seems wrong to me. Where do you draw the line?
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The title is a complete misnomer. The US has not tried any child as an adult that I can find. Only local and state courts apply the standard.
As I understand it, at 18 you get to clear off your record and start new. Prior to 18 you have a juvenile record. At 18 you are an adult and now starts your adult record, your juvenile record is sealed and not allowed to be opened except for federal investigation but not admissable as any evidence of prior crime. Being tried as adult removes the ability for the person to hide their crime in juvenile records that get sealed when one turns 18.
Secondly, the juvenile courts don't generally have the same type of punishments as adult courts. Juveniles found to be delniquent, usually has some sort of punishment and rehabilitation, example probation and community service/action. Generally there is no incarceration. Adults trials have more opportunity to have incarceration as an option.
As I understand it also, being tried as an adult doesn't imply that you go to adult prison. The correlation of the two is absurd since what good would it do to have a 14 yr old in a PMITA prison? How well can an adult prison take care of the needs of a 14 yr old? From a logic standpoint wouldn't any lawyer be able to consider a 14 yr old in an adult prison cruel and unusual punishment?
I'm in the process of reading and understanding this paper, Should Juvenile Offenders Be Tried As Adults? A Developmental Perspective on Changing Legal Policies by Laurence Steinberg
Right now it appears that the line is drawn at the TYPE of crime, so drug offenses and crimes relating in death of a citizen attract the "tried as an adult" consequence.
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Last edited by Cynthetiq; 10-12-2007 at 06:36 AM..
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