Skip to comments.Conviction in adult court leads to change (Indiana)
Posted on 06/16/2013 6:46:15 PM PDT by digger48
INDIANAPOLIS Three years ago, when 12-year-old Paul Henry Gingerich became the youngest person in Indiana ever sent to prison as an adult, his story gained international attention and sparked questions about whether children belong behind bars with grown-up offenders.
Gingerich, convicted of conspiring to murder a friends stepfather, remains in prison, awaiting a critical court hearing. But his case has already had a profound impact on how juveniles tried as adults may be punished.
In late April, Indiana Gov. Mike Pence signed into law a provision that gives judges new sentencing options for children under 18 in the states criminal courts. It goes into effect July 1.
The new law creates another option called dual sentencing, that essentially allows a young criminal to be sentenced as both a juvenile and an adult.
It allows a judge to send a juvenile convicted as an adult into a state-run juvenile detention center for intensive supervision and treatment until the offender turns 18. Then, at 18, that offenders adult prison sentence is re-assessed by a judge who has several options: Send the offender on to prison to serve the criminal sentence, send the offender into a community-based corrections program to transition back into society, or send the offender back home free.
(Excerpt) Read more at kokomotribune.com ...
They didn’t put the kid in general population did they? The article didn’t say..
He was sent to the “youth wing” of an adult prison, so not genpop. Also, his conviction as an adult was overturned: http://www.usatoday.com/story/news/2012/12/11/boys-murder-conviction/1762713/
I doubt they did. Even if he was a big strong kid, he still wouldn’t be a match for a similarly sized full grown adult.
I think typically, if he was sentenced to life, he would spend his juvi-years in a youth detention centre and then get transferred to an adult jail when he’s 18.
Dang, my youngest son is 12..
i am not against sentencing under-18s as aduilts when it is murder or permanent serious injury to others.
Dang, my youngest son is 12...”
My youngest grandson is also 12. I cannot even imagine what would possess a 12 year old to commit such a horrible crime.
But we all know that.
I read some on Free Republic saying that he should never be free.
hadn’t heard of that one.
interesting tie to Sam Donaldson
But we all know that.
reminders are good....
Thanks for the extra background.
Have been by the Pendleton Facility. From the outside, the Juvenile Center looks pretty similar to the Big House right across the highway
So the 13 year old is just forgotten. What possible excuse could there be for slaughtering her?
There was a case a few years ago, where a boy was 10 or 11 and he beat to death a 6 year old girl his mother was baby sitting. It made news because he was blaming pro wrestling for it. There was all kinds of drama involving the trial, and he was sentenced to life in prison. It was overturned and this kid was just put in some type of juvenile facility, with intensive therapy and counseling. He was released when he turned 18 and he promptly went out and committed armed robbery and assault.
Some people just can’t be helped.
The new law sounds like a good one. Juvee until 18, then resentenced by a judge, with an option for adult prison.
This gives maximum flexibility. If the minor has served most of his sentence in Juvee, and is not a particular threat to others, he can be cut loose. If he is still questionable, he can be given structured release. And if he is still obviously a threat to others, or his original crime was particularly heinous, off to adult prison with him.
As I said a kid who does something like that at 10 or 12 just might be a psychopath in the making and if that's the case then the kid very probably can't be helped.But IMO you can't be sure at that age.It's worth a try to attempt to salvage the kid so that he might become a decent adult.Yes,there's a risk to such a policy but,IMO,it's usually a risk worth taking.