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Adolescents Tried as Adults: A Push for Change in Idaho
Under Idaho law, adolescents 14 years of age or older who have been accused of committing murder must be tried as adults.
September 29, 2009 /Parenting PR News/ -- Adolescents Tried as Adults: A Push for Change in Idaho
Article provided by Martens Law Office, PLLC
Visit us at www.martenslawoffice.com
What does the average eighth grader have to deal with on any one day? He or she might have some geometry homework -- or maybe algebra. Many have tasks like taking out the trash, vacuuming the living room or, at the least, maintaining a reasonably clean bedroom.
How about murder charges?
For Zachary Neagle, an Idaho fourteen-year-old, the everyday realities of other their teens have been replaced by court appearances, criminal pleas and a defense strategy. The math here is measured in years.
Under Idaho law, adolescents 14 years of age or older who have been accused of committing murder must be tried as adults. They cannot be sent to juvenile detention. If convicted, Zachary Neagle faces the possibility of life in prison.
To some, this process is supremely flawed. After Neagle was arrested, activists sent a letter to the governor and lawmakers, urging a review of the situation and a change in policy. Rallies have been organized and others have taken up the cry for reform.
Those opposed to the practice of trying juveniles as adults argue that adolescents lack the cognitive development necessary to try them as adults. They claim that, for a defendant like Neagle, actions have been committed for short-term relief and the long-term consequences are not understood. Many point to statutes prohibiting youths from engaging in adult activities such as voting: If teens aren't mentally mature enough to act like an adult in these situations, how can they be tried as adults in court?
The argument isn't completely new or exclusive to Idaho. In 2003, the MacArthur Juvenile Competence Study found that many adolescents are not competent enough to stand trial and some were found to be on the mental level of adults defendants deemed incapable to stand trial.
In addition to the issue of competency, there is a question as to whether adolescents tried as adults are rehabilitated. Current laws were passed to be tougher on crime and deter future transgressions. Recent studies have shown that they may not be working. In fact, adolescents tried in adult courts may be more likely to commit future crimes compared to those tried in the juvenile system.
Idaho does allow judges to send youths convicted as adults to juvenile detention, but not in cases that involve murder or treason.
At present, Neagle remains in custody and awaits the outcome of his case.
Article provided by Martens Law Office, PLLC
Visit us at www.martenslawoffice.com
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