Friday, July 1, 2011

New KS Juvenile Case

In February 2010, a 17-year old juvenile was charged "with acts that would have constituted one count of felony burglary and two counts of misdemeanor theft if they had been committed by an adult."  The juvenile was placed in detention.
When an adult is charged in Kansas with a felony offense, he or she is entitled to a full preliminary hearing before the district court judge during which the State must establish probable cause that it is more likely than not that the defendant committed the felony crime charged.  The Court of Appeals determined that a juvenile, charged with such offense, is not entitled to a full preliminary examination of probable cause, however, the juvenile is entitled to a judicial determination, made by a district judge at a hearing, that it was more probable than not that the juvenile committed the offense for which he was charged.  Though the juvenile is not entitled to a full adversarial preliminary hearing, the juvenile accused is entitled to present evidence at the hearing before the district court judge.  Consequently, the 17-year old, though not afforded a full adversial hearing, could be detained as he was allowed to present evidence at the probable cause hearing with the district judge.

Friday, May 6, 2011