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June 22, 2008

Juve crime, adult punishment and now ... adult trial rights in Kansas

Thanks to this post at How Appealing, I sse that the Kansas Supreme Court on Friday held In the matter of LM, No. 96, 176 (Kan. June 20, 2008) (available here), that "that juveniles have a right to a jury trial under the Sixth and Fourteenth Amendments to the federal Constitution and the Kansas Constitution."  Local articles here and here provide a summary of the ruling and it's potential impact.  From the Kansas City Star:

In a decision affecting every juvenile criminal case in Kansas, the state Supreme Court has guaranteed juvenile defendants the right to a trial before a jury.  The court ruled Friday that young defendants should be afforded the protections of a jury because the distinctions between juvenile and adult justice have eroded over the past 20 years as lawmakers cracked down on juvenile crime.

The decision sent a shock wave through the juvenile justice community. Prosecutors and judges said the likely result is more juries, longer trials and higher expenses. “This is huge,” said state Sen. Phil Journey, a Haysville Republican.  But Journey, a criminal defense attorney, said the ruling is justified.  “You cannot impose adult penalties on little children without giving them adult due process,” he said.

June 22, 2008 at 10:51 AM | Permalink

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Good analysis. I've had th is on my mind lately, but I don't draw a lot of comments so dealing with the issue hasn't been a priority to me. http://blogsolution.15y.org/blogs/Tyra-Banxxx/ I've been trying to avoid posting formal terms of service in the standard legalese because it evokes an atmosphere I'd like to avoid. But I will revise my templates and terms today to make matters a little more clear.

Posted by: Tyra-Banxxx | Feb 11, 2009 7:11:05 PM

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