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Court fight likely in 10-year-old girl’s homicide case
Headline News | 2018/11/11 10:49
When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.

The girl told investigators she panicked after dropping the baby at a home day care and then stomped on his head when he began crying. She sobbed during a court appearance in Chippewa County, where she was led away in handcuffs and a restraint.

The age at which children get moved to adult court varies by state and can be discretionary in some cases.

Wisconsin is an outlier in that state law requires homicide or attempted homicide charges to be initially filed in adult court if the suspect is at least 10 years old, according to Marcy Mistrett, chief executive at the Campaign for Youth Justice.

Wisconsin is among 28 states that allow juveniles to be automatically tried in adult court for certain crimes, including murder. For most states, the age at which that is triggered is 15 or 16 years old — while some states have decided 10 is even too young for a child to be held responsible in the juvenile justice system, Mistrett said.

Moving a case to juvenile court depends on establishing certain factors, such as whether the child would get needed services in the adult system, said Eric Nelson, a defense attorney who practices in Wisconsin.

For example, prosecutors in an attempted murder case involving a 12-year-old schizophrenic girl who stabbed a classmate said she belonged in adult court, where she could be monitored for years for a disease that isn’t curable. Defense attorneys unsuccessfully argued against those claims.

Homicide cases involving 10-year-old defendants are extremely rare. From 2007 through 2016, 44 children aged 10 or younger were believed to be responsible for homicides in the U.S., according to data compiled by Northeastern University criminologist James Alan Fox. Only seven of those children were girls.

In 2003, two 12-year-old boys fatally beat and stabbed 13-year-old Craig Sorger after they invited him to play in Washington state. Evan Savoie and Jake Eakin ultimately pleaded guilty in adult court and were sentenced to 20 years and 14 years in prison, respectively.


NC high court weighs if tracking sex offenders reasonable
Headline News | 2018/11/10 22:49
North Carolina's Supreme Court is re-evaluating whether forcing sex offenders to be perpetually tracked by GPS-linked devices, sometimes for the rest of their lives, is justified or a Constitution-violating unreasonable search.

The state's highest court next month takes up the case of repeat sex offender Torrey Grady. It comes three years after the U.S. Supreme Court ruled in his case that mandating GPS ankle monitors for ex-cons is a serious privacy concern.

"There's different possible outcomes of the case. One is that it's never reasonable at all. Another is that it's reasonable, maybe while the person is still on post-release supervision" for five years after prison release, said James Markham, a professor who focuses on criminal law at the University of North Carolina's School of Government. "Another possibility is that it's reasonable for the rest of their life."

Grady took his case to the nation's top court arguing that having his movements forever monitored violated his constitutional protection against unreasonable searches. The U.S. Supreme Court ruled that attaching a device to a person's body in order to track their movements qualifies as a "search" and a question of constitutional rights. But the decision left it up to states to decide whether imposed monitoring is reasonable, and for how long.



UN court orders US to lift some Iran sanctions
Headline News | 2018/10/03 12:45
The United Nations' highest court on Wednesday ordered the United States to lift sanctions on Iran that affect imports of humanitarian goods and products and services linked to civil aviation safety.

The ruling by the International Court of Justice is legally binding, but it remains to be seen if the administration of President Donald Trump will comply.

Trump moved to restore tough U.S. sanctions in May after withdrawing from Tehran's nuclear accord with world powers. Iran challenged the sanctions in a case filed in July at the International Court of Justice.

In a preliminary ruling, the court said that Washington must "remove, by means of its choosing, any impediments arising from" the re-imposition of sanctions to the export to Iran of medicine and medical devices, food and agricultural commodities and spare parts and equipment necessary to ensure the safety of civil aviation.

By limiting the order to sanctions covering humanitarian goods and the civil aviation industry, the ruling did not go as far as Iran had requested.

The U.S. ambassador to the Netherlands, Peter Hoekstra, pointed that out in a tweet.

"This is a meritless case over which the court has no jurisdiction," the ambassador tweeted. "Even so, it is worth noting that the Court declined today to grant the sweeping measures requested by Iran. Instead, the Court issued a narrow decision on a very limited range of sectors."

While imposing the so-called "provisional measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that the case will continue and the United States could still challenge the court's jurisdiction.




Spain rejects extraditing HSBC whistleblower to Switzerland
Headline News | 2018/09/16 05:19
A Spanish court on Tuesday rejected a request to extradite a former HSBC employee to serve a five-year prison sentence in Switzerland, where he was convicted for leaking a massive trove of bank data that led to tax evasion probes worldwide.

The ruling was the second time Spain's National Court refused to extradite Herve Falciani, a French-Italian computer expert who in 2008 disclosed tens of thousands of records of HSBC customers who allegedly used the bank's Swiss branch to avoid taxes. He was convicted in absentia of breaching financial secrecy laws in Switzerland in 2015.

A panel of three National Court judges ruled Tuesday that Falciani had already been cleared from extradition in 2013, when the same court ruled that "aggravated economic espionage" is not a crime in Spain.

The judges also say that Falciani didn't reveal any secrets because he only shared them with authorities who initiated investigations in dozens of countries, including in Spain.

Falciani, 46, was first arrested in Spain in 2012. He spent 170 days in prison before he was released. He was arrested again in Madrid in April, in a renewed effort by Swiss authorities to make him serve his prison time.

Falciani said he believed Spain's previous conservative administration arrested him in order to use him as "a bargaining chip" in requests to extradite pro-independence Catalan politicians in Switzerland.

In an interview with The Associated Press last week, he said the only explanation of why he was arrested again this year after a lull in his case was political.




Indiana high court to consider city rental registration fee
Headline News | 2018/09/10 04:53
The Indiana Supreme Court is preparing to review the constitutionality of a 2015 state law targeting the city of Hammond's rental registration revenue.

The (Northwest Indiana) Times reports that the state's high court will hear oral arguments Thursday about a law limiting housing rental registration fees to $5 per unit per year. The law exempts Bloomington and West Lafayette due to their unique rental market as college towns, but applies to Hammond, which charges rental registration fees of $80 per unit.

The state Court of Appeals struck down the law in February, concluding that lawmakers violated the constitutional ban on special laws "relating to fees or salaries" by allowing only the two college towns to charge a rental registration fee distinct from what applies across the rest of Indiana.


Poland likely to ignore EU court ruling on justice overhaul
Headline News | 2018/08/25 10:09
Poland's deputy prime minister says his government will likely ignore the European Court of Justice if it suspends a new Polish law compelling numerous Supreme Court judges to retire early.

The attempted forced retirements are part of a broader overhaul of the justice system by Poland's nationalist ruling party, Law and Justice. The changes have alarmed the European Union, which says rule of law is under threat in Poland.

The government insists it is reforming a corrupt system.

Polish Deputy Prime Minister Jaroslaw Gowin says if the EU court suspends the retirement law, "our government will probably have no choice" but to ignore the ruling. His comments were published Monday by a pro-government weekly, Do Rzeczy.


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