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Phelps guilty on attempted murder

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Justme13
Monday, July 11, 2011: 9:47 am
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"East Middle School"
Fine Reporting Reporter, Our own hometown can't even get it right.

West2011
Monday, July 11, 2011: 9:51 am
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Yeah no kidding.. He is from West Middle School!! I am just glad it is over... :)

nobodyimportant
Tuesday, July 12, 2011: 12:10 am
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Yes, I hope all the hometown pundits just leave it alone now.

Liberty
Tuesday, July 12, 2011: 12:31 am
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It's good to see that he can now appeal being waived over to adult court

Peace :)

nobodyimportant
Tuesday, July 12, 2011: 8:47 am
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I'm not an attorney, but I don't think the ruling to waive young Phelps to adult court would even be appealed, let alone overturned. Indiana statutory provisions call for the state to convince the ruling judge on four points in order to be granted a waiver to adult court:

1.) the child was fourteen (14) years of age or older when the act charged was allegedly committed; 2.) there is probable cause to believe that the child committed the act; 3.) the child is beyond rehabilitation under the juvenile justice system; and 4.) it is in the best interests of the safety and welfare of the community that the child stand trial as an adult. The burden is not very weighty. The Indiana statutes have these waiver provisions for crimes, that if committed by an adult, would be serious felony crimes.

We might all draw the line at a different places if we were called to decide when or if a juvenile should be tried as an adult. I understand those who would say that juveniles should never be tried as adults. But the fact is, those laws are on the books. You don't appeal these decisions based upon the position that it is simply a bad idea (unless it violates the state or federal constitution). Appeals contest legal decisions. Not much to base an appeal on here.

5 comments found