Are high profile murders with juvenile suspects part of a trend?
Steven Mayer, The Bakersfield Californian
Dec. 6–The headlines earlier this year were enough to leave an entire community shaken:
Five boys, some as young as 13, accused in beating death of 81-year-old man. Then it happened again:
Two teens charged in stabbing death of elderly couple in southwest Bakersfield. When underage boys — and sometimes girls — commit violent and serious felonies, communities struggle to respond. Some say it’s a symptom of a sick society where violent video games, single-parent families and glorification of gang culture have become commonplace. Others say shocking crimes committed by children are nothing new and still relatively rare, and that the advent of a new juvenile crime wave is not in evidence.
PROSECUTING KIDS One thing is certain. The Kern County District Attorney’s office is prosecuting more juvenile offenders as adults than before.
In the past year, the number of kids charged as adults increased exponentially. In 2006 there were nine. Last year the number of juveniles charged as adults was 52, according to statistics from the Kern County Probation Department’s juvenile division. Overall the numbers are growing as well.
Two years ago, about 17,000 minors faced possible criminal charges in Kern County. Two years later, that number had jumped by 11.8 percent. That’s not just population growth. During the same years, Kern’s juvenile population increased by just 2.3 percent, according to the U.S. Census.
BEHIND THE NUMBERS Much of the increase in kids being charged as adults can be attributed to a policy decision inside the DA’s office to take a harder line against juvenile offenders viewed as violent, serious or habitual, said Michael Vendrasco, the deputy district attorney who supervises the prosecution of juveniles in Kern County.
But Vendrasco sees other reasons for the increase as well. “Some crimes just stand out,” Vendrasco said.
“The public is concerned,” he added. “There are neighborhoods out there where the streets are not safe.” Defense attorneys say high-profile juvenile crimes that garner a lot of attention in the news media do not justify the conclusion that there’s a statistical increase in violent juvenile crime. In fact, juvenile crime has been dropping statewide.
In a 10-year period ending in 2005, the number of juvenile felony arrests fell by one-third, even as the population of juveniles in California increased by some 24 percent, according to a state analysis. “Statistically, you can demonstrate a decrease in juvenile crime,” said Kern County Public Defender Mark Arnold.
The increase in the number of juveniles prosecuted as adults is strictly a result of decisions made in the DA’s office, Arnold said. “It’s not a direct reflection of an increase in the number of juvenile offenses,” he said.
Criminal Law Blog
UNLAWFUL DETAINERS AND STALKERS/DOMESTIC VIOLENCE
Residential tenancies and domestic violence: AB 2052 effective 9-27-08 adds CC section 1946.7 which 1) authorizes tenant to notify landlord that tenant or household member was victim of domestic violence, sexual assault, or stalking, and that the tenant intends to terminate the tenancy, 2) requires notice in writing (to be given within 60 days of date of order or officer’s report, or within time period set forth in CC Section 1946
[renewable hiring of real property: notice of termination]), along with attached copy of TRO or protective iorder, or written report of investigation police officer; 3) provides that tenant will be responsible for payment of rent for 30 days following notice (or as stated in CC section 1946; prorated if premises rented to another party), but willbe release from further liability and 4) specifies that only the victim is relieved from obligation.
also CCP 1161 is amended to add a list of acts constituting unlawful detainer by creating a rebuttable presumption affecting the burden of proof that person who commits act of domestic violence, sexual assault, or stalking has committed a nuisance upon the premises.
Nov.20, 2008
YOUNT V. CITY OF SACRAMENTO
A recent California Supreme Court decision has allowed an arrested person who was shot in the buttocks while resisting arrest to file a civil complaint despite his conviction. Sacramento Police officers arrested Yount on suspicion of drunk driving. An officer mistakenly pulled out his pistol instead of his taser and shot Yount once in the buttocks. Yount entered a plea of no contest to resisting arrest under PC 148.
The essence of the majority decision rested upon the notion that because Yount’s resistance did not justify the use of deadly force, Yount’s claim was not barred.
-source Metropolitan News-Enterprise
SEX-OFFENDER LAW UNFAIR
The Fourth District Court of Appeal in Santa Ana ruled Wednsday that Prop.83, which prevented sex offenders from living 2.000 feet from a school or park is punitive in nature and therefore retroactively would punish sex offenders who would be forced out of their homes.
HIT AND RUN
California Penal Code 20001:
The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident. Any person who violates this law shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that imprisonment and fine. If the accident results in death or permanent, serious injury, any person who violates this law shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

From: Steven Mayer, The Bakersfield Californian
Dec. 6–The headlines earlier this year were enough to leave an entire community shaken:

Five boys, some as young as 13, accused in beating death of 81-year-old man. Then it happened again:

Two teens charged in stabbing death of elderly couple in southwest Bakersfield. When underage boys — and sometimes girls — commit violent and serious felonies, communities struggle to respond. Some say it’s a symptom of a sick society where violent video games, single-parent families and glorification of gang culture have become commonplace. Others say shocking crimes committed by children are nothing new and still relatively rare, and that the advent of a new juvenile crime wave is not in evidence.

PROSECUTING KIDS One thing is certain. The Kern County District Attorney’s office is prosecuting more juvenile offenders as adults than before.

In the past year, the number of kids charged as adults increased exponentially. In 2006 there were nine. Last year the number of juveniles charged as adults was 52, according to statistics from the Kern County Probation Department’s juvenile division. Overall the numbers are growing as well.

Two years ago, about 17,000 minors faced possible criminal charges in Kern County. Two years later, that number had jumped by 11.8 percent. That’s not just population growth. During the same years, Kern’s juvenile population increased by just 2.3 percent, according to the U.S. Census.

BEHIND THE NUMBERS Much of the increase in kids being charged as adults can be attributed to a policy decision inside the DA’s office to take a harder line against juvenile offenders viewed as violent, serious or habitual, said Michael Vendrasco, the deputy district attorney who supervises the prosecution of juveniles in Kern County.

But Vendrasco sees other reasons for the increase as well. “Some crimes just stand out,” Vendrasco said.

“The public is concerned,” he added. “There are neighborhoods out there where the streets are not safe.” Defense attorneys say high-profile juvenile crimes that garner a lot of attention in the news media do not justify the conclusion that there’s a statistical increase in violent juvenile crime. In fact, juvenile crime has been dropping statewide.

In a 10-year period ending in 2005, the number of juvenile felony arrests fell by one-third, even as the population of juveniles in California increased by some 24 percent, according to a state analysis. “Statistically, you can demonstrate a decrease in juvenile crime,” said Kern County Public Defender Mark Arnold.

The increase in the number of juveniles prosecuted as adults is strictly a result of decisions made in the DA’s office, Arnold said. “It’s not a direct reflection of an increase in the number of juvenile offenses,” he said.