March 20, 2008

WA: no jury of your peers, kid

From the P-I:

Juveniles charged with violent crime have no right to jury trial

A juvenile charged with a violent crime has no state constitutional right to a jury trial, the state Supreme Court ruled Thursday. (Azel) Chavez was convicted in juvenile court of several counts, including attempted first-degree murder, first-degree robbery while armed with a firearm, and second-degree assault while armed with a firearm... Chavez... was 14 at the time... He was sentenced by a Clallam County judge in 2005 to up to 7 years in juvenile detention, plus a 12-month firearm enhancement.

The majority rejected Chavez's assertion that juveniles who commit violent crimes are essentially treated like adult offenders, and should be allowed to have a jury trial... The high court said that because of well-defined differences between Washington's juvenile justice and adult criminal systems, there is no violation of constitutional provisions. The majority... noted that Chavez opposed the state's motion to have him tried as an adult, where he would have had a jury trial, and that by remaining in the juvenile system, "Chavez received a substantially lesser penalty upon finding of guilt..."


Here's the opinion.

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