Conviction in adult court leads to change (Indiana)

Kokomo Tribune ^ | June 16, 2013 | Maureen Hayden

[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 friend’s 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 state’s criminal courts. It goes into effect July 1.

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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 offender’s 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.

[digger48]

for your consideration.....

[cardinal4]

They didn’t put the kid in general population did they? The article didn’t say..

[piytar]

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/

[Jonty30]

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.

[cardinal4]

Dang, my youngest son is 12..

[Secret Agent Man]

i am not against sentencing under-18s as aduilts when it is murder or permanent serious injury to others.

[Grams A]

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.

[Gay State Conservative]

A 12 year old that commits a serious crime (unprovoked murder,for example) may well be a psychopath in the making.But not necessarily.Such a kid should be subject to some sort of serious sanction but not adult prison for life...or even 20 to life.Such a kid just might be salvageable.

[E. Pluribus Unum]

The purpose of incarcerating a little psycho like this is not punishment... it is to protect the innocent people he would come into contact with on the outside.

But we all know that.

[Bronzy]

I remember this young man Cody Posey who has been free since 2010: http://www.cnn.com/2010/CRIME/10/08/new.mexico.posey.release/index.html

I read some on Free Republic saying that he should never be free.

[digger48]

hadn’t heard of that one.

interesting tie to Sam Donaldson

[digger48]

The purpose of incarcerating a little psycho like this is not punishment... it is to protect the innocent people he would come into contact with on the outside.

But we all know that.

reminders are good....

[digger48]

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

[Bronzy]

It was big news on Court TV at the time. I happened to be home then and was riveted to the trial. I have no problem with Cody out of prison. Every now and then I try to find updates since I was sympathetic to him. His pain broke my heart.

[Politicalmom]

So the 13 year old is just forgotten. What possible excuse could there be for slaughtering her?

[chae]

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.

[yefragetuwrabrumuy]

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.

[Gay State Conservative]

...he promptly went out and committed armed robbery and assault.Some people just can’t be helped.

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.