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When Should a Child Be Charged as an Adult?
http://www.foxnews.com/opinion/2011/10/22/american-justice-when-should-child-be-charged-as-adult/
Florida, and the death of one of its children, has yet again jumped into the international spotlight. This time it's David Fernandez, a two-and-a-half year old toddler who lost his life because he was allegedly slammed twice into a bookcase by his 12-year-old half-brother, Christian. Afterwards, Christian called his mom, Biannela Susana, 25, who came home right away. . . .
Florida State Attorney, Angela Corey, is proceeding with prosecuting the boy as an adult and Christian at the age of 12 is facing life in prison if found guilty. Corey claims she's going strictly by the book. Turns out, Florida leads the nation in trying children as adults. In 1995, prosecutors sent over 7,000 children to adult court, almost as many as the rest of the nation combined.
Thursday, October 27, 2011
Monday, October 10, 2011
ATLANTA : Appeals court allows life sentences for juveniles
Appeals court allows life sentences for juveniles
ATLANTA -- A federal appeals court on Wednesday held that juveniles convicted of murder can be sentenced
to life in prison without parole, seeking to settle a lingering debate over how the courts punish minors
who commit serious offenses.
The U.S. Supreme Court has already ruled that juveniles cannot be sentenced to death and that the
y also can't be sentenced to life in prison without parole for rape and other non-homicide offenses
. The ruling by the 11th Circuit Court of Appeals on Wednesday, though, upheld life sentences for juveniles
convicted of murder.
The decision came in the case against Kenneth Loggins, who was convicted in Alabama of killing
a hitchhiker in 1994 and originally sentenced to die. He was 17 at the time of the killing, so his
punishment was reduced to life without parole because the Supreme Court banned such executions in 2005.
http://www.miamiherald.com/2011/09/07/2395169/appeals-court-allows-life-sentences.html
ATLANTA -- A federal appeals court on Wednesday held that juveniles convicted of murder can be sentenced
to life in prison without parole, seeking to settle a lingering debate over how the courts punish minors
who commit serious offenses.
The U.S. Supreme Court has already ruled that juveniles cannot be sentenced to death and that the
y also can't be sentenced to life in prison without parole for rape and other non-homicide offenses
. The ruling by the 11th Circuit Court of Appeals on Wednesday, though, upheld life sentences for juveniles
convicted of murder.
The decision came in the case against Kenneth Loggins, who was convicted in Alabama of killing
a hitchhiker in 1994 and originally sentenced to die. He was 17 at the time of the killing, so his
punishment was reduced to life without parole because the Supreme Court banned such executions in 2005.
http://www.miamiherald.com/2011/09/07/2395169/appeals-court-allows-life-sentences.html
Wednesday, September 28, 2011
Sharing A Quote~On Youth~By Helen Keller
"It is not possible for civilization to flow backwards while
there is youth in the world. Youth may be headstrong,
but it will advance it allotted length."
- Helen Keller
there is youth in the world. Youth may be headstrong,
but it will advance it allotted length."
- Helen Keller
Monday, September 12, 2011
Teen’s life sentence unconstitutional, lawyer argues
Teen’s life sentence unconstitutional, lawyer argues
Posted on 08 September 2011
By John Lyon
Arkansas News Bureau
LITTLE ROCK — A lawyer for an Arkansas teenager serving a life sentence for
capital murder argued today before the Arkansas Supreme Court that the sentence
was unconstitutional because his client was only 16 at the time of the crime and
did not fire the fatal shot.
A lawyer for the state told the justices the sentence is consistent with federal
and state case law.
The high court heard oral arguments but did not immediately issue a ruling in an
appeal by Lemuel Session Whiteside, 19, who was convicted of capital murder and
aggravated robbery and sentenced to life in prison without possibility of parole
in the January 2009 shooting death of James London Sr., 30, in Little Rock.
Authorities never accused Whiteside of shooting London. Cambrin Sain Barnes
admitted to being the gunman and pleaded guilty to first-degree murder and
aggravated robbery in exchange for a 40-year sentence. But prosecutors said
Whiteside — who declined to plead guilty — gave the murder weapon to Barnes and
told him where to find London.
Tom Sullivan, attorney for Whiteside, told the justices today that in the case
Graham v. Florida, the U.S. Supreme Court said a sentence of life without parole
is too severe for a juvenile for any offense other than homicide. Such a
sentence violates the Eighth Amendment protection against cruel and unusual
punishment, the court said in that decision.
Sullivan said that as he interprets the decision, Whiteside should not have been
sentenced to life without parole because he did not kill London.
“In this case the defendant is not the shooter, and there has been no proof of
an intent to kill,” he said.
Justice Robert Brown asked Sullivan if he was asking the justices to expand the
Graham v. Florida decision. Sullivan said he was only asking them to interpret
how the decision should apply to a defendant who is convicted of murder but did
not kill anyone.
The decision “leaves open this middle ground,” Sullivan said.
Sullivan also argued that because the death penalty was not an option under
Graham v. Florida, the only option for Whiteside was life without parole, so the
jury was denied a say in the sentence.
Assistant Attorney General Vada Berger told the justices that in the case
Kuntrell Jackson v. Arkansas, the state Supreme Court ruled that a juvenile
could be tried on a charge of capital murder in criminal court rather than
juvenile court, which meant that the juvenile had to be sentenced to life
without parole.
In that case the juvenile maintained that he was a lookout and not the person
who fired the fatal shot during the robbery of a Blytheville video store.
Brown asked Berger if the jury should have had a say in Whiteside’s sentencing.
She said there is no right to be sentenced by a jury.
“The Legislature is the one who gets to decide if there is jury sentencing, and
the Legislature has said there’s no jury sentencing here,” she said.
Berger also said the state established that Whiteside was heavily involved in
the killing.
“This is not a case where there is low culpability,” she said.
In recognition of its 175th birthday, the court met in its former courtroom at
the state Capitol instead of its courtroom at the Justice Building. The change
of venue did not go off without a hitch.
Minutes into the hearing, the court reporter complained that she could not hear
what was being said. The room is not wired for audio or video recording, so the
justices used a pocket recorder to capture the rest of the proceedings.
http://arkansasnews.com/2011/09/08/teen’s-life-sentence-unconstitutional-lawyer-\
argues/
Posted on 08 September 2011
By John Lyon
Arkansas News Bureau
LITTLE ROCK — A lawyer for an Arkansas teenager serving a life sentence for
capital murder argued today before the Arkansas Supreme Court that the sentence
was unconstitutional because his client was only 16 at the time of the crime and
did not fire the fatal shot.
A lawyer for the state told the justices the sentence is consistent with federal
and state case law.
The high court heard oral arguments but did not immediately issue a ruling in an
appeal by Lemuel Session Whiteside, 19, who was convicted of capital murder and
aggravated robbery and sentenced to life in prison without possibility of parole
in the January 2009 shooting death of James London Sr., 30, in Little Rock.
Authorities never accused Whiteside of shooting London. Cambrin Sain Barnes
admitted to being the gunman and pleaded guilty to first-degree murder and
aggravated robbery in exchange for a 40-year sentence. But prosecutors said
Whiteside — who declined to plead guilty — gave the murder weapon to Barnes and
told him where to find London.
Tom Sullivan, attorney for Whiteside, told the justices today that in the case
Graham v. Florida, the U.S. Supreme Court said a sentence of life without parole
is too severe for a juvenile for any offense other than homicide. Such a
sentence violates the Eighth Amendment protection against cruel and unusual
punishment, the court said in that decision.
Sullivan said that as he interprets the decision, Whiteside should not have been
sentenced to life without parole because he did not kill London.
“In this case the defendant is not the shooter, and there has been no proof of
an intent to kill,” he said.
Justice Robert Brown asked Sullivan if he was asking the justices to expand the
Graham v. Florida decision. Sullivan said he was only asking them to interpret
how the decision should apply to a defendant who is convicted of murder but did
not kill anyone.
The decision “leaves open this middle ground,” Sullivan said.
Sullivan also argued that because the death penalty was not an option under
Graham v. Florida, the only option for Whiteside was life without parole, so the
jury was denied a say in the sentence.
Assistant Attorney General Vada Berger told the justices that in the case
Kuntrell Jackson v. Arkansas, the state Supreme Court ruled that a juvenile
could be tried on a charge of capital murder in criminal court rather than
juvenile court, which meant that the juvenile had to be sentenced to life
without parole.
In that case the juvenile maintained that he was a lookout and not the person
who fired the fatal shot during the robbery of a Blytheville video store.
Brown asked Berger if the jury should have had a say in Whiteside’s sentencing.
She said there is no right to be sentenced by a jury.
“The Legislature is the one who gets to decide if there is jury sentencing, and
the Legislature has said there’s no jury sentencing here,” she said.
Berger also said the state established that Whiteside was heavily involved in
the killing.
“This is not a case where there is low culpability,” she said.
In recognition of its 175th birthday, the court met in its former courtroom at
the state Capitol instead of its courtroom at the Justice Building. The change
of venue did not go off without a hitch.
Minutes into the hearing, the court reporter complained that she could not hear
what was being said. The room is not wired for audio or video recording, so the
justices used a pocket recorder to capture the rest of the proceedings.
http://arkansasnews.com/2011/09/08/teen’s-life-sentence-unconstitutional-lawyer-\
argues/
Thursday, September 1, 2011
Are Kids Really Getting A 2md Chance?
If a kid is charged at age 14 or 15 he will be 30 years old before a parole hearing?
What kind of chance is that? Their schooling stops the minute they turn 18 in California, they
pull them out of school and any counseling that they were getting at juvenile hall to
have them sit in county jail where they have nothing to do, unless the family orders them books. But this is just my opinion. (I know it is better then nothing, ) I just wish they could serve until they are 24 or 25 at a youth prison then have a team of experts decide if they should then go into prison. But again This is just my opinion.>Gelly*This opinion comes because in California being at the scene of the crime not even responsible for the actual crime gets a kid a murder sentence.I know for a fact they do not weigh surrounding circumstances, and the kids right's are not protected as they claim.
Sacramento Bee Editorial: Young Lifers Deserve Chance for Redemption
New Bill would allow juveniles with life sentences to petition court for rehearing after 15 years 08-26-2011
Sunday, August 21, 2011
Kentucky kids age 10 and younger routinely face criminal charges
Kentucky kids age 10 and younger routinely face criminal charges
http://www.kentucky.com/2011/08/14/1845047/kentucky-kids-age-10-and-younger.html#ixzz1VMy3U4As
http://www.thecrimereport.org/news/crime-and-justice-news/2011-08-ky-child-charges
Kentucky com 15 August 2011
On at least four occasions last year, 5-year-old children in Kentucky faced charges for alleged criminal mischief, harassment, abuse of a teacher and criminal trespassing. In all, 2,117 criminal charges have been filed against children 10 and younger in Kentucky since 2006. It's a number that shocked a key state lawmaker, who now plans to hold legislative hearings on the issue.
http://www.kentucky.com/2011/08/14/1845047/kentucky-kids-age-10-and-younger.html#ixzz1VMy3U4As
http://www.thecrimereport.org/news/crime-and-justice-news/2011-08-ky-child-charges
Kentucky com 15 August 2011
On at least four occasions last year, 5-year-old children in Kentucky faced charges for alleged criminal mischief, harassment, abuse of a teacher and criminal trespassing. In all, 2,117 criminal charges have been filed against children 10 and younger in Kentucky since 2006. It's a number that shocked a key state lawmaker, who now plans to hold legislative hearings on the issue.
Monday, August 15, 2011
12-year old Paul Gingerich was sentenced Tuesday like an adult
KOSCIUSKO COUNTY, IN (Indiana's NewsCenter) --- He's only a child, but 12-year old Paul Gingerich was sentenced Tuesday like an adult in connection with a gun slaying last spring.
Defense lawyers in the Kosciusko County case say the punishment handed down does not equate to justice served.
A 25-year sentence was doled out to the young boy on a charge of conspiracy to commit murder for the shooting death of 49-year old Phillip Danner.
Danner was shot and killed in his Cromwell home in April of last year.
The sentence for Gingerich is essentially what Danner's 15-year old stepson Colt Lundy received, and Gingerich’s lawyers say that’s not fair, because they believe Lundy was the mastermind behind the killing.
Gingerich told the court he was sorry for what happened to Danner, saying, “I did wrong and I stand ready to take my punishment.”
Lundy obtained guns and he and Gingerich shot and killed Danner, before the two boys and another 12-year old drove to Illinois, where they were apprehended.
Lundy told authorities the boys planned to run away to Arizona and sell t-shirts to drug dealers.
The defense argues Lundy hatched the idea and bullied the others into going along with the killing.
William Cohen/Defense Lawyer: " He's like a pied piper. He's a 15-year old boy telling these 12-year old boys what to do, and that's basically what happened, it's not like Paul Gingerich, a 12-year old, had any idea to do that."
Cohen claims that Lundy at times shot the other boys with BB guns, and that they followed his lead out of fear.
Cohen and co-counsel Fred Franco were most disturbed that Kosciusko County Circuit Court Judge Rex Reed sent Gingerich to the Wabash Valley Correctional Facility, a youth incarcerated as adults center, rather than a juvenile prison.
The family of Phillip Danner did not speak at the hearing, but Judge Reed said they expressed their frustration to him in letters, questioning why the murder charges against Lundy and Gingerich were thrown out in plea agreements.
Prosecutors opted to accept the lesser conspiracy to commit murder charges.
http://www.indianasnewscenter.com/news/local/12-Year-Old-Learns-Fate-In-2010-Killing-112901219.html
Defense lawyers in the Kosciusko County case say the punishment handed down does not equate to justice served.
A 25-year sentence was doled out to the young boy on a charge of conspiracy to commit murder for the shooting death of 49-year old Phillip Danner.
Danner was shot and killed in his Cromwell home in April of last year.
The sentence for Gingerich is essentially what Danner's 15-year old stepson Colt Lundy received, and Gingerich’s lawyers say that’s not fair, because they believe Lundy was the mastermind behind the killing.
Gingerich told the court he was sorry for what happened to Danner, saying, “I did wrong and I stand ready to take my punishment.”
Lundy obtained guns and he and Gingerich shot and killed Danner, before the two boys and another 12-year old drove to Illinois, where they were apprehended.
Lundy told authorities the boys planned to run away to Arizona and sell t-shirts to drug dealers.
The defense argues Lundy hatched the idea and bullied the others into going along with the killing.
William Cohen/Defense Lawyer: " He's like a pied piper. He's a 15-year old boy telling these 12-year old boys what to do, and that's basically what happened, it's not like Paul Gingerich, a 12-year old, had any idea to do that."
Cohen claims that Lundy at times shot the other boys with BB guns, and that they followed his lead out of fear.
Cohen and co-counsel Fred Franco were most disturbed that Kosciusko County Circuit Court Judge Rex Reed sent Gingerich to the Wabash Valley Correctional Facility, a youth incarcerated as adults center, rather than a juvenile prison.
The family of Phillip Danner did not speak at the hearing, but Judge Reed said they expressed their frustration to him in letters, questioning why the murder charges against Lundy and Gingerich were thrown out in plea agreements.
Prosecutors opted to accept the lesser conspiracy to commit murder charges.
http://www.indianasnewscenter.com/news/local/12-Year-Old-Learns-Fate-In-2010-Killing-112901219.html
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