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Slowing the Train:

Slowing the Train: . Combatting the consequences of criminal court treatment for children. Treating Children like Adults: The Bad, The Good, and The Hopeful. Aalim – mandatory transfer has returned

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Slowing the Train:

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  1. Slowing the Train: Combatting the consequences of criminal court treatment for children

  2. Treating Children like Adults:The Bad, The Good, and The Hopeful • Aalim – mandatory transfer has returned • “The mandatory bindover of certain juvenile offenders under R.C. 2152.10(A)(2)(b) and 2152.12(A)(1)(b) do not violate substantive or procedural due process.” • The statutes did not violate equal protection either… • Moore – Graham applies to term of year sentences!! • Because Graham’s categorical prohibition of (JLWOP) sentences applied to a youth who was sentenced to a term of year sentence which exceeded his life expectancy…the 112 year sentence imposed here violated the Eighth Amendment.

  3. Treating Children like adults • The Hopeful • State v. Anderson – pending review • Asks the Supreme Court to consider whether any of Ohio’s mandatory sentencing provisions can apply to juvenile offenders. • Firearm specifications • Mandatory minimums • Anything mandatory!

  4. Our current landscape • Aalim: our kids are going to criminal court • Moore: they must be given a meaningful opportunity to avoid de facto life sentences • Anderson: they might have the chance to avoid mandatory time and instead receive individualized determinations before sentencing

  5. Our clients are… Cyntoia’s Story: Me Facing Life http://www.pbs.org/independentlens/films/me-facing-life/ https://www.youtube.com/watch?v=JM-qX2JUYjU&app=desktop

  6. Developing Your Record • “Big Picture” considerations • How to use experts effectively • Getting the expert information in juvenile court proceedings • Reaching across the jurisdictional line • Mitigate, mitigate, mitigate!

  7. Case Study • “Matt” • 15 years old • Charged with murder (victim = mother) • State moves to transfer (discretionary)

  8. Discovery • Taped statements from stepdad (Bill) • Bill woke up at 4:00 am and found wife bludgeoned to death • Found stepson Matt asleep in his room with bloody hammer • Bill told Sheriff that Matt had been threatening mom for months • Bill said Matt had a bad temper • Bill said Matt took some of mom’s medication the night before

  9. Police report Details • Blood in mom’s room splattered everywhere, up to ceiling • No blood on Matt’s body, (except where hammer contacted him) despite bloody hammer next to him • Blood on hammer matches mom • No blood stains on Bill or Bill’s clothing

  10. Children’s service records • Matt has long history of physical and sexual abuse, and neglect • All younger siblings in foster care • Matt was in foster care before • Unsubstantiated allegations that Matt sexually offended against siblings and other youth • Bill married Matt’s mom two months before her death • Bill took out an insurance policy on mom close in time to the murder

  11. Delinquency history • One prior adjudication for M4 menacing (held hatchet to younger brother while babysitting him) • Placed on probation and ordered to undergo counseling • On probation when mom died

  12. Amenability report • Finds that, if Matt was removed from toxic family environment and placed in a secure juvenile facility, he would be amenable to treatment and rehabilitation in the juvenile system.

  13. What to do? • Probable Cause • What to raise? • Do you stipulate? • Is there any other information that you want to know? • Amenability Hearing • Theory of the Case • Guardian Ad Litem? • Negotiations • Counseling Matt on Options and Legal Process

  14. What to do? • What if he’s bound over? • How do you involve juvenile court counsel? • How do you incorporate research on adolescent development? • What about expert retention for mitigation? • Arguments against mandatory sentencing? • Don’t forget Reverse Waiver!

  15. Cyntoia’s Conclusion: • https://www.youtube.com/watch?v=7d6qS0VHYoY&app=desktop

  16. Dr. Dan Davis Phd.D. ABPP www.danieldavisphd.com Katherine Sato Katherine.sato@opd.ohio.gov Brooke Burns Brooke.Burns@opd.ohio.gov www.opd.ohio.gov

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