NV Supreme Court rules as unconstitutional state law prosecuting juveniles as adults

[Bluebear]

The Nevada Supreme Court today threw out a state law used to prosecute juveniles charged with serious crimes in adult court, saying the statute violated their constitutional right against self-incrimination.

Under the presumptive certification law, juveniles charged with gun crimes and certain sex crimes were automatically sent to adult court unless they could show a connection between the crime and mental illness or substance abuse. But in making that connection, the juveniles would have to admit to the crime, which could be used against them in future court hearings.

The law’s “requirement that a juvenile admit the charged criminal conduct, and thereby incriminate himself, in order to overcome the presumption of adult supervision is unconstitutional,” the court wrote in its unanimous ruling.

Defense lawyers and the American Civil Liberties Union of Nevada hailed the decision, while the head of the district attorney’s office juvenile division expressed disappointment. Juveniles charged with serious crimes can still be sent to adult court using discretionary certification, which requires approval from a judge after prosecutors make their case for the transfer.

http://www.lvrj.com/news/breaking_news/35162274.html