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Dismissal of delinquency petition doesn’t endanger public

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A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.

J.S. has a history of psychological and developmental difficulties, for which he has taken medication and received services. The state alleged in 2009 that J.S. was a delinquent child for committing what would be Class B felony criminal deviate conduct, Class C felony child molesting, Class C felony confinement, and Class D felony intimidation if committed by an adult.

J.S. asked for a determination of his competence to stand trial and two doctors found he was incompetent and didn’t understand the gravity of the charges against him. One doctor found he understood he was in a serious situation, has a fairly good understanding of court proceeding, and was competent to stand trial.

The juvenile court found him to be incompetent and dismissed the petition.

In State of Indiana v. J.S., No. 49A02-1004-JV-567, the Court of Appeals upheld the court’s decision finding J.S. incompetent to stand trial. They noted the thorough, extensive expert reports that found J.S. didn’t understand the magnitude of the charges against him, and he couldn’t assist his defense.

The state argued for the petition to remain pending while J.S. received treatment and attempted to achieve competency. Chief Judge John Baker noted that the appellate court recently found in an adult criminal context, this same scenario is a violation of due process to allow criminal charges to indefinitely hang over a defendant’s head while he or she is incompetent to stand trial and will remain incompetent.

“Here, although the experts did not reach a conclusion as to whether J.S. will ever regain competency, we note that he is a juvenile and, as such, there is only a limited amount of time left until he is an adult and no longer subject to the jurisdiction of the juvenile courts,” he wrote. “Furthermore, the record reveals that J.S. has suffered from—and been treated for—multiple debilitating social and developmental disorders for much of his young life, and the juvenile court would not have abused its discretion to have concluded, based on this record, that J.S. is unlikely to regain competency before he reaches the age of eighteen, if ever.”

The state also claimed the goal of protecting the community isn’t served by dismissing the petition against J.S. free and clear of any counseling or other requirements. But the record shows J.S. has attended counseling sessions, taken medication for his issues, and that his family has attempted to help him through different programs.

“Given this record, it is clear that J.S. is receiving the care, protection, treatment, and rehabilitation that he needs. Furthermore, the adults in his life at home, at school, and at the counseling center have set up safeguards to protect the public,” wrote the chief judge.
 

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  1. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  2. Tina has left the building.

  3. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Can’t we lawyers just engage in peer professionalism and even peer pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basic respect for the law shown by most social workers .... it that good enough in Indiana? If not, then how is JLAP to help this 2003 law school grad get what her law school evidently failed to teach her? (In addition .... rhetorical question … I have a theory that the LAP model serves as a conduit for governmental grace when the same strict application of the law visited upon the poor and the powerless just will not do. See in the records of this paper ... can the argument be made that many who save their licenses, reputations, salaries by calling upon that font of grace are receiving special treatment? Who tracks the application of said grace to assure that EP and DP standards are fully realized? Does the higher one climbs inside the Beltway bring greater showers of grace? Should such grace be the providence of the government, or the churches and NGO's? Why, we would not want to be found mixing the remnants of our abandoned faith with the highest loyalty to the secularist state, now would we?)

  4. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Cannot we lawyers not engage in peer professionalism and even pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basis respect for the law shown by most social workers .... it that good enough in Indiana?

  5. Judge Baker nails it: "Russell was in a place he did not have a right to be, to take an action he did not have a right to take. Russell neglected to leave that property even after engaging in a heated argument with and being struck with a broom handle by the property owner." AS is noted below ... sad to think that the next shoe to drop will be the thief suing the car owner. That is justice?

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