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.
