From the Wisconsin statute (BBM):
I'd say that:
(1) is arguably the case given their ages (if they were 16 or 17 that may be different)
(2) I have no idea how this could ever be proven true! The reason they're being tried as adults is the nature of the crime. So
its always going to be life versus out at max age 25. And the goals of the juvenile and adult system are not the same - its
more rehabilitation for the former versus punitive in the latter.
(3) Cases in juvenile court are not open - so how could any such trial act as a public deterrent for any crime?
The above requirements appear to be written to make it highly unlikely that any reverse waiver appeal will succeed.
Doesn't look like this case will wind up in juvenile court.
A court may only grant a reverse waiver if the juvenile proves all of the following:
(1) that the juvenile could not receive adequate treatment in the criminal justice system;
(2) that transferring the juvenile would not depreciate the seriousness of the offense; and
(3) that it is not necessary to keep the case in adult court in order to deter juveniles from committing the
violation of which the juvenile is accused.
[s. 970.032 (2), Stats.]
I'd say that:
(1) is arguably the case given their ages (if they were 16 or 17 that may be different)
(2) I have no idea how this could ever be proven true! The reason they're being tried as adults is the nature of the crime. So
its always going to be life versus out at max age 25. And the goals of the juvenile and adult system are not the same - its
more rehabilitation for the former versus punitive in the latter.
(3) Cases in juvenile court are not open - so how could any such trial act as a public deterrent for any crime?
The above requirements appear to be written to make it highly unlikely that any reverse waiver appeal will succeed.
Doesn't look like this case will wind up in juvenile court.