Juvenile crime sentencing 1985

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CATastrophe

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I'd like a bit of input about what would most likely be the result in this scenario:

1985 - a 17 year old boy beats the daylights out of his brother, enough that it requires hospitalization for a concussion, broken arm, and chipped teeth. Cops are called. Cops witness and must pull Big Brother off little. Big Brother taken away in cuffs despite pleas from parents. Parents won't press charges.

My questions:

- What would most likely happen to Big Brother?

- Would social services be notified?

- Would/could he be required to attend counseling?

- Because of his age, would the police arrest and charge as an adult? If so, charge battery? Some of my research seems to indicate in Virginia that beatings of relatives was not a separate offense then like it is now...

Any help would be appreciated.
Thanks!
 

MarkEsq

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Ok, whole lot of provisos and I'm replying mostly because no-one else has and I'd like to see you get SOME help (even if it's just from me!). Although I am a prosecutor, I was not one in 1985. Also, know that states vary and the crime in your book is not a federal crime and so would be dependent on that state's criminal code. It might also depend on the discretion granted prosecutors in your state (Va, right?!). So, a few thoughts rather than specific answers.

- What would most likely happen to Big Brother?
Back then, he could have been charged and prosecuted or, if the family was adamant, they might not have prosecuted (a lot more leeway was given back then to what we now label "family violence" crimes). Because the cop saw what happened, he could be a witness. Note that the hardest defense to overcome in family violence cases is "self=defense" so if all family members said the little guy started it, prosecutor's might well decline to pursue. I think you probably have some latititude to have this question come out the way you want it to, frankly. There are few outcomes that would make me say, "No way, man, that's baloney."

- Would social services be notified?
I'm guessing this would depend on the state's vie wof the parent's role. If they were viewed as negligent, then yes. If it was just a one-off fight/attack, then less likely. I'm no expert in this arena though, so hopefully someone else will chip in.

- Would/could he be required to attend counseling?
If he was found, or pled, guilty and it was not his 100th offense, he would likely be given some form of probation. Both the prosecutors and the probaltion service (here in Texas, anyway) set conditions and would certainly ensure that anger management/counseling was such a condition. Now, you're talking 1985 so once again I have to say that I'm not sure whether counseling was as common an outcome as it is nowadays.


- Because of his age, would the police arrest and charge as an adult? If so, charge battery?
Not sure. This would seem to be the most identifiable factoid of all -- if you can locate the criminal code for 1985 in your jurisdiction it will say what the age is for criminal responsibility. As you may know, it's much more common to charge teenagers as adults now than in the past, so factor that in.
 

Soccer Mom

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Ditto to what Mark said. In many states 17 is an adult for criminal purposes. If the boy beaten is the little brother (which is how I read your post) then yes, social services (or CPS) would be called because of the age of the victim, not the age of the perpetrator.
 
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