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Court fight likely in 10-year-old girl’s homicide case
Press Release | 2018/11/10 22:56
When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.

The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint.

The age at which children get moved to adult court varies by state and can be discretionary in some cases.

Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice.

Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said.

Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin.

For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims.

Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls.

In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.



Heated congressional, court races on Arkansas midterm ballot
Press Release | 2018/11/04 14:25
A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election.

The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state.
 
The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday.

Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law.

Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions


UN court asked to probe Venezuela; leader defiant in speech
Press Release | 2018/09/29 10:28
Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”

Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.

“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.

The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.

Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”

“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”

But at the same time, he said he was willing to talk with Trump.

Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.

Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.

Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention.


Chaos marks start of Kavanaugh confirmation hearing
Press Release | 2018/09/02 13:09
Quarreling and confusion marked the start of the Senate's confirmation hearings for Supreme Court nominee Brett Kavanaugh on Tuesday, with Democrats trying to block the proceedings because of documents being withheld by the White House. Protesters also disrupted the proceedings.

In his opening remarks released ahead of delivery, Kavanaugh sought to tamp down the controversy over his nomination, which would likely shift the closely divided court to the right. He promised to be a "team player" if confirmed, declaring that he would be a "pro-law judge" who would not decide cases based on his personal views.

But Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. They want to review 100,000 documents about Kavanaugh's record being withheld by the White House as well as some 42,000 documents released to the committee on a confidential basis on the eve of the hearing, along with others not sought by Republicans on the committee.

"We have not been given an opportunity to have a meaningful hearing on this nominee," said Sen. Kamala Harris, D-Calif. Sen. Richard Blumenthal, D-Conn., made a motion to adjourn.

Grassley denied his request, but the arguments persisted.

More than a dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. "This is a mockery and a travesty of justice," shouted one woman. "Cancel Brett Kavanaugh!"

Grassley defended the document production as the most open in history, saying there was "no reason to delay the hearing. He asked Kavanaugh, who sat before the committee with White House officials behind him, to introduce his parents, wife and children.

"I'm very honored to be here," Kavanaugh said.

With majority Republicans appearing united, it's doubtful the hearings will affect the eventual confirmation of President Donald Trump's nominee. But they will likely become a rallying cry for both parties just two months before the midterm elections.

Kavanaugh declared he would be even-handed in his approach to the law.

"A good judge must be an umpire, a neutral and impartial arbiter who favors no litigant or policy," Kavanaugh said in prepared opening remarks. "I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge."

"I would always strive to be a team player on the Team of Nine," he added.

The Supreme Court is more often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into two sides, conservative and liberal. But the justices often say they seek consensus when they can, and they like to focus on how frequently they reach unanimous decisions.


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