My interpretation of the wording in the articles about the charges is that the juvenile charges are
preliminary charges, so he could be held in detention, with the
final decision on juvenile versus adult charges to be made later. He could still be facing adult charges. And if little Jacob dies, which sadly seems likely, the charges will be upgraded again.
http://www.wyff4.com/news/teen-susp...e-elementary-expected-to-be-in-court/41894420
http://heavy.com/news/2016/09/jesse...ting-suspect-meghan-hollingsworth-jacob-hall/
BBM
I also read that he just turned 14 three weeks ago.
Am I correct that if he is charged as a juvenile, the most he can be sentenced to serve is until age 21 (or, 7 years)?
Does anyone know?
Don't know if this helps:
A family court judge has the authority to waive: (1) a child of any age
charged with murder; (2) a child 16 or older charged with any criminal
offense (not status offense), after full investigation; (3) a 14 or 15 year old
charged with an offense which, if committed by an adult, would carry a
maximum term of imprisonment of 15 years or more, after full investigation
and a hearing; and (4) a child 14 or older charged with carrying a weapon
on school property, unlawful carrying of a handgun, assault and battery of
a high and aggravated nature, or unlawful distribution of drugs within a
half-mile of a school, after full investigation and a hearing. A family court
judge is required to waive a child 14 or older charged with an offense
which, “if committed by an adult, provides for a term of imprisonment of
ten years or more, if the child has previously been adjudicated…or
convicted…of committing two prior offenses which, if committed by an
adult, provide for a term of imprisonment of ten years or more, and the
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second offense was committed after the sentence for the first offense was
imposed.” S.C. Code Ann. § 63-19-1210 (2008).
[...]
The U.S. Supreme Court has identified eight factors that may be
considered by the judge when deciding whether or not to waive the child
to adult court. The eight factors are: (1) the seriousness of the alleged
offense and whether waiver is necessary to protect the community; (2)
whether the offense was committed in an aggressive, violent,
premeditated, or willful manner; (3) whether the alleged offense was
against persons or property; (4) whether there is sufficient evidence for a
Grand Jury to return an indictment; (5) the desirability of trial and
disposition of the entire case in one court when the child’s co-defendants
in the alleged offense are adults; (6) the level of sophistication and
maturity of the child; (7) the child’s record and previous criminal or
adjudicative history; and (8) the prospects for adequate protection of the
public and the likelihood of reasonable rehabilitation of the child by the use
of services currently available to the court. Kent v. United States, 383
U.S. 541 (1966).
http://childlaw.sc.edu/frmPublications/2010 Juvenile Defense Manual.pdf
Sounds like the judge may be required to waive him to adult court unless he is found mentally incompetent to stand trial? Am I reading that correctly?