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Judges affirm juvenile placement in DOC

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The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but it noted that all other remedies for his rehabilitation had been exhausted in his home county.
 
In J.J. v. State of Indiana, No. 47A01-0911-JV-557, J.J. appealed the juvenile court’s order that he be committed to the Indiana Boys School, a part of the DOC. J.J. has been in and out of trouble for several years and struggled with mental health problems, drug abuse, and anger management.

“J.J. has been given every chance to work to solve his problems and comply with the rule of law, but he has continued to reoffend,” wrote Chief Judge John Baker. “In just a few short years, J.J. exhausted every rehabilitative program offered by Lawrence County, and is left with no option other than the Department of Correction.”

J.J. argued that the juvenile court abused its discretion because his prior offenses had been “minor,” he had a history of mental health issues, and a history of drug abuse that he claimed he hadn’t received treatment for.

“Although we sympathize with this argument and certainly acknowledge that J.J. is a troubled individual who is grappling with a number of significant problems, we place great weight on the juvenile court’s conclusion that ‘the Lawrence County Juvenile Probation has exhausted what means they have for rehabilitation for [J.J.] …,’” wrote the chief judge.

The appellate court also reversed the juvenile court’s finding of delinquency for committing what would be Class D felony resisting law enforcement had it been committed by an adult in one of his cases. The juvenile referee failed to submit findings for the juvenile court’s review on the matter, as required by Indiana Code Section 31-31-3-6(2). The referee made no findings of fact on the charge and merely completed a boilerplate form stating J.J. committed resisting law enforcement as a Class D felony.

“The juvenile court should be able to read the recommended order drafted by the referee, glean all relevant facts therefrom, and come to an informed decision about whether or not to adopt the referee’s recommendations,” wrote Chief Judge Baker.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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