I welcome any comment or insight that anyone has on this topic, especially how you have used the arguments or how you plan on using the arguments in this case in your state. I may be posting other items of interest at a later date.
Paul Shipp, Kansas Legal Services
1 comment:
One possibility in Kansas is to reinvigorate the issue regarding whether juvenile defendants are entitled to a jury determination on adult certification. I lost that case a long time ago in State v. Jones, No. 85,228, but that case itself relied on the very cases rejected in In re L.M. If the juvenile system is just another criminal system (one with drastically different penalties in many cases), why wouldn't the fact that increases the possible penalty (from a juvenile sentence to an adult sentence) need to be found by a jury BRD? Just a thought.
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