Hey! Okay, I already know that laws vary from state to state about what offenses and at what age kids are tried as adults.
In my story, a child of 13 has been accused of committing arson that killed his mom and stepdad. His real dad, who he's never met, comes from out of town to help with his legal defense and to take custody. He's in a youth detention center - would the state release him to his father's care? Would his father have to pay bail? Is that something that just doesn't happen if you're under 18? What about based on the severity of the charges against you? I can see the state releasing a child who's going on trial for arson and involuntary manslaughter, but what if the charges were second degree murder? Would they just keep him in detention until after his trial?
Any insight is appreciated.
Thanks!
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14,160 / 50,000
Mei 6, 2008 - 22 40
The thing witht the US juvenile system is that there isn't really that much rhyme or reason to it. We did a section on it in English.
So, the kid is taken in. He will be evaluated to determine his mental state (is he depressed? did he have a bad homelife? etc.). Depending on what is determined will decide what happens after that. His real dad can be a tough situation. Was he legally adopted by his step-father, and his real father relinquished all rights? If so, then I don't think they would release him to his father, and would probably go into foster care. They might also ask him if he wanted to go with his father, I'm not sure.
The juvenile system has the child's "best intrestes" in mind. It is not so much to punish, it is to correct. They do not have a trial as we know it, with lawyers, defendents, witnesses, and all that. It is more informal, and it does not determine guilt or innocence. It is more to decide if this child's home life/environment is causing this, or whatever is happening, and what to do to correct this behavior.
It's complicated. I would say pick the state you are having it in, and do some research.
EDIT:
Oh, and I think most states wouldn't try him as an adult. They may make an appeal to send him there, but few cases actually make it into the adult system.
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Mei 7, 2008 - 12 24
Like the above poster said, the juvenile defense system is variable. Not only from state to state, but judge to judge. If he's got a hard-nosed judge, a whipshot prosecuter and a crappy defense attorney he may even be tried for gang related behavior (esp. if the area is known for gang related crimes). Whether he is connected to a street gang or not, doesn't really matter since the legal definition of "gang" is frighteningly loosely defined (sometimes all it says is something along the lines of: "a group of three or more people that hang out with each other.").
On the other hand, you could just have a group of overworked civil service employees (from judge to prosecutor to defense attorney) who truly want to do what is in the best interest of the community and may even bend over backwards to find the most fitting rehabilitation program for this boy.
Reality often lies somewhere between those two.
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Mei 8, 2008 - 06 11
Thanks for the insight!
The prosecutor is going to be out for blood in this case - they think it's airtight. They will try him as an adult to make an example of him.
I guess it all does come down to the availability, experience, interest level and quality of the professionals who are helping him.
26,147 / 50,000
Mei 8, 2008 - 15 33
if your prosecutor and judge are tough then the kid won't be released to his father, especially if they have already determined he is to be tried as an adult. He will be treated exactly like an adult offender. He will stay in jail until he goes before the judge to find out if he will be allowed bail and how much. If they allow bail and he can afford it then he may get out in the custody of someone - likely a stated children's home - until his trial. It is most likely he will remain in jail. Here in my state a few years ago little boys under the age of eleven deliberately lay in wait for and shot schoolmates and teachers at their school. They never got out of jail at all at the time. Here we didn't, at the time, have laws that kept kids in jail for serious crimes once they became adults so the boys remained detained in a juvy jail until the age of eighteen. At which time they will go free. One is already out and the other will be getting out in a year or two. Now our laws have become stricter and children can be tried as adults and be sent on to adult jail once they reach eighteen if they commit certain crimes like first degree murder.
If your kid set the fire just to set a fire and the parents died because of the fire he could get whatever the prosecuter and judge want to give him. If they can prove he set the fire specifically to kill the parents then he can easily get first degree premeditated murder. Especially if he has a history of difficult behaviour and violence. On the other hand, if he has no history and a good lawyer he might get off with manslaughter or second degree murder.