If they still refuse to take any ownership or show any contrition even after being clearly shown something was a major problem (hence the court case), then why reduce the penalty? Who would it be helping, exactly?
Practically, what are the alternatives?
Every arrest is cite and release pending conviction? Society would be even more out of control.
You're engaging in a slippery slope fallacy. This was a miscarriage of justice. Civilization would not have crumbled if this child wasn't put through the wringer.
And if it turned out the kid did murder them, then people would be up in arms that he got released early - especially if he committed another murder before he got locked up again. Which could happen.
Cases like this too [https://www.klfy.com/local/iberia-parish/trial-for-11-year-o...].
Was it a miscarriage of justice? Perhaps, I haven’t seen the evidence. The courts eventually came to the conclusion it was! Until they did, according to the courts it wasn’t.
it was also legal while it was happening.
And 11yr olds are plenty capable of being defiant, malicious, contrite, etc. too.
And active dangers to those around them.
I wasn’t there in court when this was going on, so I have no idea if the kid was being out of control, or the judge was being out of control. I’ve seen both play out. The appeals court felt it was the judge.
The whole situation is quite terrible regardless. But that’s what the criminal justice system is for - to resolve terrible situations in some eventually sensible way. Woe to whoever gets caught in its gears though.
This led to a funny incident at school. Somebody did something, and another grassed. The bully came to question me - I had no memory of telling on him, but the way he described the comments, I though oh that does sound like something I'd say. I took the beating. Then the actual grass came up and asked me why did I admit something I hadn't done?
No admittance of fault, but not going to fight the prosecution either because it isn't worth it.
It isn't necessarily fair or sane - it's predictable though. Which is something.
It doesn't mean you actually did, but it does mean the system says you did.
Which is the point of my comment. It doesn't mean it actually makes sense in real life, but it's why the system does what it does.
And the reason why the system will prosecute kids like adults sometimes - the nominal reason is because they don't think it's worth giving them a pass either due to the severe nature of the crime, or because of the lack of contrition of the accused.
If they're actually innocent, then per the system they should get zero penalty eventually regardless of how they are prosecuted.
We know that being held in an adult jail while awaiting trial is a pretty severe penalty in fact of course, which is why it eventually got thrown out that he got treated that way. Plenty of adults get stuck in jail for years while awaiting trial, then get released and theoretically suffered no penalty either. But we also know that is bullshit. No clear better alternatives (except bail) have shown themselves however.
If the kid had been caught on tape murdering a bunch of other kids and still claimed he was innocent, then no one would be objecting that he be put in an adult jail while awaiting trial though. Since putting someone that violent in a juvenile facility is making it as dangerous as an adult one.
Judges have wide discretion to make these calls, and this judge clearly screwed up.
But that's the how and the why.
If the judge expects to try him as an adult for the reasons I listed, then they're going to put him in an adult jail.
If the judge expects to try him as a juvenile for the reasons I listed, then they're going to put him in a juvenile jail.
Either way, someone does have to make the call. And there are circumstances where the call that was made is appropriate.
Since it's 'detention pending trial', if he gets acquitted or charges dropped then per the system he 'suffered no penalty'. Same as anyone else arrested and put on trial. We know that isn't true though, since anyone in jail is still in jail and jail sucks. If he is found guilty, then he gets transferred.
Clearly it was a bad call on the Judge's part doing what they did, which is why it got reversed - eventually.
But as anyone who has dealt with the courts is well aware, everything is glacial - unless it's going to make your life a pain in the ass. That usually happens quickly.
But like everyone else, one you're in the system, you're going to have a bad time regardless.
What else do you propose is going to happen though?
Not parent but I don’t think that we should be holding anyone pending trial when what they’re accused of is so minor, child or otherwise.
Furthermore any decisions about pre-trial detention shouldn’t hinge on remorse or contrition, they should hinge on the alleged offenders risk of flight and their potential risk to the community.
Regarding remorse/contrition though - that is absolutely a factor of in potential risk to the community.
Example - Someone gets arrested for DUI. Who is higher risk? Someone who insists they didn’t do it and fuck anyone who thinks they did and they’ll do what they want, or someone who says ‘that was terrible, and I didn’t do exactly what the prosecution says, but I’m not going to be driving anytime soon until this all gets worked out’?
Because plenty of people in the first category end up driving drunk while pending trial and kill more people.