Courts- M02 Discusion- Juvenile and state court matters

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Ivy Tech Community College, Indianapolis *

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120

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Law

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Feb 20, 2024

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docx

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M02 Discussion- Juvenile and State Court Matters The two questions that would come to my mind is, Did the 16-year-old know the 14-year-old? Understanding their relationship and any prior interactions could shed light on whether the entry was accidental or malicious, influencing the perceived threat (Neubauer & Fradella, 2020). What happened before the shooting? Were there verbal exchanges, attempts to communicate, or any indication of struggle before the fatal shot? This information helps assess the proportionality of force used and whether there were less-lethal alternatives (American Bar Association, 2020). Defense of Habitation and Justification: Indiana’s castle doctrine allows homeowners to use deadly force against unlawful intruders if they reasonably believe it’s necessary to prevent imminent death or serious bodily harm (Indiana Code 35-41-3-2). However, applying this doctrine in this case is complex due to several factors: Unlawful entry: Entering through an open door might be seen as less threatening than breaking in, potentially weakening the justification for deadly force (Neubauer & Fradella, 2020). Proportionality of force: Using a firearm against an unarmed 14-year-old raises questions about the reasonableness of the force used. Could less-lethal options like verbal warnings or physical restraint have been used? Memory loss: The defendant claimed memory loss from the accident adds another layer of complexity. Did it affect his perception of the situation and ability to make reasonable judgements? Expert testimony on such conditions could be crucial (Neubauer & Fradella, 2020). Court system and trial as an adult: Cout system, the care would be likely tired in Indiana circuit court, as it involves a felony charge (2 nd degree murder). Circuit court handle all major criminal cases in Indiana (Indiana courts, 2023). Trial as an adult: In Indiana, Juveniles (16-17 years old) can be waived to adult court for specific serious offenses like murder. The judge needs to consider transfer factors outlined in Indiana code 31-33-10-7 before making a decision. These factors include the juveniles age, mental health, past criminal history, and potential for rehabilitation (Indiana Law Blog, 2023). Indiana Code. (2023). Title 35. Criminal Law and Procedure https://codes.findlaw.com/in/title- 35-criminal-law-and-procedure/in-code-sect-35-41-3-2/: https://codes.findlaw.com/in/title-35- criminal-law-and-procedure/in-code-sect-35-41-3-2/ Indiana Courts. (2023). Circuit Court. https://www.in.gov/courts/: https://www.in.gov/courts/ Indiana Law Blog. (2023). Waiving Juveniles to Adult Court in Indiana. https://iga.in.gov/laws/2023/ic/titles/31: https://iga.in.gov/laws/2023/ic/titles/31
Neubauer, D. W., & Fradella, J. P. (2020). America's courts and the criminal justice system (14th ed.). Cengage Learning.
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