Steubenville Ohio Rape Case Discussion

[Petty]

Re: Steubenville Ohio Rape Case (can't believe this hasn't been on here)

Should it really matter? A minor should still realize that rape is wrong. I mean its not like they were four years old or anything, they were all in high school.

Well in reality it's up to the Judge and Prosecutor and Ohio State law said:

Q: At what age can a child be tried as an adult in Ohio and what is the process?

A: A child, defined as a person under age 18, can be tried as an adult only if the child was age 14 or older at the time of the offense. Nearly all such cases begin in juvenile court with a felony charge. The court must conduct hearings and make certain determinations before the child can be transferred to another court for trial. The process is sometimes referred to as bindover, transfer, waiver, or relinquishment proceedings. In some cases, the child must be tried as an adult. In others, the child can be tried as an adult only if the court orders it.




Q: When is trial as an adult required?

A: Trial as an adult is mandatory in certain very serious cases: (1) when the charge is aggravated murder or murder, and the child is 16 or 17, or the child is 14 or 15 and has been committed to an Ohio Department of Youth Services (DYS) facility; and (2) when the charge is a certain serious felony offense, and the child is age 16 or 17 and either has previously been committed to a DYS facility or used a firearm while committing the offense. If the court finds that these conditions exist and that there is probable cause to believe that the child committed the offense, the child must stand trial as an adult. There are also other limited circumstances in which the child must stand trial as an adult.





Q: When can a court decide whether or not to try a child as an adult?



A: When the law does not require transfer, the court has a choice whether to try a child as an adult, but may do so only if the child was 14 years or older at the time of a felony offense. First, the court conducts a hearing to determine if there is probable cause that the child committed the offense. Next, the court orders an investigation, including a mental examination, and conducts another hearing, often called an “amenability” hearing, to decide whether or not the child is likely to be rehabilitated within the juvenile system, and whether or not the community’s safety requires that the child be subject to adult penalties. Some of the factors the court considers are age, physical and mental maturity, past attempts and future potential for rehabilitation, harm suffered by the victim, use of a firearm, and public safety.

While Rape is wrong, very wrong you can have your personal opinion but law says otherwise. Their is nothing saying these kids are repeat offenders or seriously violent people. Then there is history of women sometimes lying about being raped so a bunch of factors go into being charged. I believe that they did the right thing. Being charged as an adult always doesn't mean it's the right thing to do.

 

[TactMrBlack]

They were 16 they were originally booked as adults and to be tried as adults. The charges were for rape and kidnapping because they were carrying her from party to party unconscious.

 

[Petty]

They were 16 they were originally booked as adults and to be tried as adults. The charges were for rape and kidnapping because they were carrying her from party to party unconscious.

Well seems the courts determined otherwise. Some damning evidence must of surfaced to change the minds of the courts.

 

[Fuji Vice]

Re: Steubenville Ohio Rape Case (can't believe this hasn't been on here)

While Rape is wrong, very wrong you can have your personal opinion but law says otherwise. Their is nothing saying these kids are repeat offenders or seriously violent people. Then there is history of women sometimes lying about being raped so a bunch of factors go into being charged. I believe that they did the right thing. Being charged as an adult always doesn't mean it's the right thing to do.

Well if they were 14, then they can be tried as adults, which they should be if that's the case. Also, I find it very hard to believe that the girl in this case is lying, given the overwhelming evidence that's come to light to support her accusations. As to the repeat offenders issue, I don't see how that has any bearing on this. Rape is a capital offense and doing it once is reprehensible enough to warrant as stiff a sentence possible.

 

[Petty]

But maybe you didn't read everything. They still gotta decide through a process based on "law" to try them as adults. Minors aren't subjected to the same laws as Adults. I wanna tell you should research you're law like I have just to reply to this. No offense, Rape is wrong I agree. But rape is not an capital offense in Ohio.

Aggravated murder with at least one of the following special circumstances:

• The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense.
• The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value.
• The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment.
• The offender in the commission of the offense, purposefully caused the death of another who was under thirteen years of age at the time of the commission of the offense and the defendant committed the offense with prior calculation and design.
• The offense was the assassination of the president of the United States or person in line of succession to the presidency, or of the governor or lieutenant governor of this state, or of the president-elect or vice president-elect of the United States, or of the governor-elect of this state, or of a candidate for any of the foregoing offices.
• The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing, or for revenge.
• The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit terrorism.

Capital offenses are normally punishable by execution. Serial rapist, yes. These kids, no. Not the same thing and by law it is NOT considered capital.

 

[Fuji Vice]

But rape is not an capital offense in Ohio.

Wow, then there's something inherently wrong with the law in Ohio that needs to be changed. Obviously this case could help set a precedent for that, but for now I'll give you the benefit of the doubt and say that, regardless of personal opinion, it appears this may have been handled within the realm of the law.

Still seems bizarre to me that a crime as serious as rape isn't considered a capital offense.

 

[TactMrBlack]

I'm not sure why you don't think they shouldn't be tried as adults

 

[Petty]

Wow, then there's something inherently wrong with the law in Ohio that needs to be changed. Obviously this case could help set a precedent for that, but for now I'll give you the benefit of the doubt and say that, regardless of personal opinion, it appears this may have been handled within the realm of the law.

Still seems bizarre to me that a crime as serious as rape isn't considered a capital offense.

Bizarre as it may seem, in Ohio even murder

in Ohio must meet one of 10 aggravating circumstances to be handed such a sentence of capital punishment.

Every state has their own laws and ways they handle things. It's crazy I know but what can you do about it you know?

Tact, I didn't say they shouldn't be. I just said something occurred very serious for them to say they are gonna change them, and then for them to up and change their mind is something I'm curious about.

 

[TactMrBlack]

#1 I don't think rape is a capital crime any where

#2 that has nothing to do with them being tried as adults.

 

[Petty]

#1 I don't think rape is a capital crime any where

#2 that has nothing to do with them being tried as adults.

Uh, 1. Actually your wrong. Rape is a capital crime in Texas, Montana, and New Hampshire. In Colorado, Georgia, Idaho, Kentucky, New Hampshire and Wyoming Kidnapping is considered an capital offense.


And 2, Capital offenses are punishable by the death penalty or life sentences. So, yes he said capital offense so there you have it.

 

[TactMrBlack]

http://en.m.wikipedia.org/wiki/Coker_v._Georgia

 

[TactMrBlack]

http://www.deathpenaltyinfo.org/death-penalty-offenses-other-murder

 

[Petty]

http://en.m.wikipedia.org/wiki/Coker_v._Georgia

Uhh, you just proved me right. And you wrong. Regardless in GA an escaped convict still can receive capital punishment. And this doesn't matter he got capital punishment because he is doing multiple life sentences he just was able to prevent himself from being executed. :

 

[TactMrBlack]

How did I prove myself wrong?

 

[TactMrBlack]

If the person who is raped is a child it's a capital crime