Remorse for what? Something he didn't do? There is nothing to be remorseful about. This is the sort of non-logic where you're presumed guilty and/or punished for asserting your innocence. Aside from the obvious absurdness of it, it's also literally unconstitutional as it violates your 5th amendment rights, which is why another judge reversed the decision later on. And considering all of this is about an 11-year old makes it that much worse.
If the court finds you guilty, then by definition within the system you did it.
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.
No one found him guilty of anything at this point. How can they when deciding in which court he should be judged? That happens before the trail. You're talking complete bollocks utterly disconnected from anything to do with this case.
You might want to actually read my comment. He was arrested pending trial. They have to decide where to put him, pending trial.
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?
> 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.
The judge is supposed to consider severity. Obviously it went too far in this case.
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.
