Addressing the Consequences of Criminal Court Treatment for Children

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This collection of images and text delves into the challenges faced by juveniles in criminal court, discussing mandatory transfer, sentencing provisions, and the need for individualized determinations. It also presents a case study involving a 15-year-old charged with murder, highlighting the importance of developing a strong defense strategy through effective use of experts and discovery of crucial information.

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SLOWING THE TRAIN: COMBATTING THE CONSEQUENCES OF CRIMINAL COURT TREATMENT FOR CHILDREN

TREATING CHILDREN LIKE ADULTS: THE BAD, THE GOOD, AND THE HOPEFUL Aalim mandatory transfer has returned The mandatory bindover of certain juvenile offenders under R.C. 2152.10(A)(2)(b) and 2152.12(A)(1)(b) do not violate substantive or procedural due process. The statutes did not violate equal protection either Moore Graham applies to term of year sentences!! Because Graham s categorical prohibition of (JLWOP) sentences applied to a youth who was sentenced to a term of year sentence which exceeded his life expectancy the 112 year sentence imposed here violated the Eighth Amendment.

TREATING CHILDREN LIKE ADULTS The Hopeful State v. Anderson pending review Asks the Supreme Court to consider whether any of Ohio s mandatory sentencing provisions can apply to juvenile offenders. Firearm specifications Mandatory minimums Anything mandatory!

OUR CURRENT LANDSCAPE Aalim: our kids are going to criminal court Moore: they must be given a meaningful opportunity to avoid de facto life sentences Anderson: they might have the chance to avoid mandatory time and instead receive individualized determinations before sentencing

OUR CLIENTS ARE Cyntoia s Story: Me Facing Life http://www.pbs.org/independentlens/films/me-facing-life/ https://www.youtube.com/watch?v=JM-qX2JUYjU&app=desktop

DEVELOPING YOUR RECORD Big Picture considerations How to use experts effectively Getting the expert information in juvenile court proceedings Reaching across the jurisdictional line Mitigate, mitigate, mitigate!

CASE STUDY Matt 15 years old Charged with murder (victim = mother) State moves to transfer (discretionary)

DISCOVERY Taped statements from stepdad (Bill) Bill woke up at 4:00 am and found wife bludgeoned to death Found stepson Matt asleep in his room with bloody hammer Bill told Sheriff that Matt had been threatening mom for months Bill said Matt had a bad temper Bill said Matt took some of mom s medication the night before

POLICE REPORT DETAILS Blood in mom s room splattered everywhere, up to ceiling No blood on Matt s body, (except where hammer contacted him) despite bloody hammer next to him Blood on hammer matches mom No blood stains on Bill or Bill s clothing

CHILDRENS SERVICE RECORDS Matt has long history of physical and sexual abuse, and neglect All younger siblings in foster care Matt was in foster care before Unsubstantiated allegations that Matt sexually offended against siblings and other youth Bill married Matt s mom two months before her death Bill took out an insurance policy on mom close in time to the murder

DELINQUENCY HISTORY One prior adjudication for M4 menacing (held hatchet to younger brother while babysitting him) Placed on probation and ordered to undergo counseling On probation when mom died

AMENABILITY REPORT Finds that, if Matt was removed from toxic family environment and placed in a secure juvenile facility, he would be amenable to treatment and rehabilitation in the juvenile system.

WHAT TO DO? Probable Cause What to raise? Do you stipulate? Is there any other information that you want to know? Amenability Hearing Theory of the Case Guardian Ad Litem? Negotiations Counseling Matt on Options and Legal Process

WHAT TO DO? What if he s bound over? How do you involve juvenile court counsel? How do you incorporate research on adolescent development? What about expert retention for mitigation? Arguments against mandatory sentencing? Don t forget Reverse Waiver!