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NEVADA SUPREME COURT: ACLU says law unfair to juveniles

Youths accused of crimes with guns considered eligible for adult charges

CARSON CITY -- A state law that favors trying juveniles charged with crimes involving the use of guns as adults is unconstitutional and a violation of the right against self-incrimination, the ACLU of Nevada contends.

The group, with the Juvenile Law Center in Philadelphia, have filed a "friend of the court" brief at the request of the Nevada Supreme Court in two separate cases challenging the constitutionality of the law.


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  • The Las Vegas cases, involving William Molina and Marques Butler, both 17 years old at the time, have attracted the attention of several national groups, some of whom have been asked by the court to weigh in on the constitutionality of Nevada's "presumptive certification" law.

    "It's a great opportunity for us to comment on a crucial issue of criminal justice," said Lee Rowland, an attorney with the ACLU.

    The law says juveniles age 14 or older suspected of using or threatening to use a deadly weapon in a crime are presumed to be eligible for prosecution as adults.

    Molina is charged with crimes involving the armed robbery of a Las Vegas taco shop in 2006. He has said he was not involved in the crime.

    Butler is charged with several crimes arising from the armed robbery of two men in a Las Vegas park in 2006.

    Both were sent to adult court for prosecution.

    Both are represented by Las Vegas attorney Kristina Wildeveld, who has raised constitutional issues in the cases.

    A date for arguments in the two cases, which have been combined, has not yet been set by the Supreme Court.

    By pleading not guilty to the charges, Williams automatically was transferred to adult court, the brief said.

    To stay out of adult court, the law allows a juvenile to present evidence that emotional, behavioral or substance abuse problems contributed to the commission of the crimes.

    But to use the process successfully, juveniles essentially have to plead guilty to the crimes for which they are charged by undergoing psychological evaluations and other types of testing, the brief said.

    And once the determination has been made on whether to prosecute in juvenile or adult court, any of the information presented seeking to keep a case in juvenile court can be used against the youth in further court proceedings, a violation of due process rights, the brief said.

    "Highly prejudicial facts presented to maintain juvenile court jurisdiction may be used against the child at any stage in the criminal process," the brief said.

    Lourdes Rosado, an attorney with the Juvenile Law Center, said Nevada's law creates a non-choice for juveniles.

    The juvenile either admits to a crime in an effort to stay in juvenile court, requiring an unconstitutional act of self-incrimination, or is sent to adult court for prosecution, she said.

    "We don't want kids to be put in that position," Rosado said. "The consequences are huge for juveniles."

    Molina faces up to 36 years in prison if convicted as an adult. He faces a minimal sentence in juvenile court.

    Rosado said other states use an evaluation process to determine whether a youth should be tried in juvenile or adult court, but the information gathered to make such a determination is limited to that use only and cannot be used later for prosecution.

    The Clark County district attorney's office, in a response brief filed in Molina's case, argued that the law does not violate a juvenile's constitutional rights.

    All that must be shown to keep a case in juvenile court is that substance abuse or one of the other identified factors contributed to a juvenile's delinquent acts, the response said.

    Rosado praised the Supreme Court for seeking participation from the Juvenile Law Center and the other organizations.

    "The court wants to get all the best information, the best arguments, in front of it," she said.

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    VJ wrote on February 02, 2008 06:49 PM: ACLU A BUNCH OF BLEEDING HEART MORONS. THAT JUST WANT TO SHOW THEIR B.S. IDEA'S.

    THAT IS THE PROBLEM TOO MANY OUTSIDERS STICKING THEIR NOSES INTO FAMILY BUSINESS. MAYBE THE PARENTS NEED TO BUST THE KIDS BUTTS AND THE OUTSIDERS NEED TO MIND THEIR OWN BUSINESS

    IF A MINOR COMMITS A CRIME WITH A GUN HE SHOULD BE CHARGED AS AN ADULT.

    IF MY CHILD COMMITTED A CRIME WITH A GUN. NO MATTER HOW MUCH IT WOULD BREAK MY HEART. HE/SHE SHOULD BE CHARGED AS AN ADULT.

    I DIDN'T RAISE A CRIMINAL.. I RAISED A CHILD/TEEN/ADULT NOT TO NEED TO USE A GUN TO STEAL. TO WORK FOR WHAT THEY WANT AND NOT EXPECT TO GET EVERYTHING THEY ASK FOR IN LIFE.


    Report abuse

    Herb wrote on February 01, 2008 03:23 PM: My sons were not juvinille delinquints. If they would have been, yes of course I would want them to be tried as adults. I'm not a hypocrite and I don't expect any special treatment. I'm not saying they shouldn't have rights protected, but they should have the same rights as adult criminals..nothing special because they are under 18.


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    been there wrote on February 01, 2008 12:33 PM: So, Herb et. al., If your teenage son or grandson went astray and committed a crime using a weapon, are you saying you don't want him to have his rights protected?


    Report abuse

    rdp wrote on February 01, 2008 12:00 PM: A juvenile has MORE rights, during the arrest. They have the option of a parent being present regardless if they may be tried in adult court.

    Certification is what these low life criminals need!!


    Report abuse

    politik wrote on February 01, 2008 11:27 AM: Two edge sword:

    On one hand the taking of life or any major offense with the premeditated use of a gun should be considered the same for juvenile or adult within reasonable boundaries including the totality of facts and circumstances.

    On the other hand, at what point does a juvenile have constitutional rights? There are those who argue they don't have rights. The courts will use either view to an advantage to best fit their need.


    Report abuse

    Bill wrote on February 01, 2008 08:27 AM: The ACLU is good for nothing but eroding American values and trying to legislate through the courts. They disgust me.


    Report abuse

    Williard Jones wrote on February 01, 2008 08:10 AM: The ACLU needs to be called what it really is, ABSOLUTE IDIOTS:


    Report abuse

    Herb wrote on February 01, 2008 03:53 AM: The ACLU takes the wrong side once again. Let's stop calling these teenage criminals "kids". They are old enough to know what they are doing. If the crime is serious they should be tried as adults, sent to an adult prison and kept locked up for many years