Today's Date: Add To Favorites
Mass. court: Juveniles can't be held extra 3 years
Court Watch | 2009/02/11 08:54
Massachusetts cannot hold juvenile offenders for three years past their 18th birthday because the law is vague on how a youth's potential danger to the public is decided, the state's highest court ruled Tuesday.


Most juvenile offenders are released when they turn 18, but the extended commitment law allowed the Department of Youth Services to retain custody up to age 21 if a youth posed physical danger.

In unanimously striking down the law, the Supreme Judicial Court said it was unconstitutional because the law "contains no indication of the nature and degree of dangerousness that would justify continued commitment."

The court noted that the Legislature in 1990 had removed language that the danger a youth posed be due to a mental condition.

"The court said we don't lock people up based on an allegation of dangerousness when we don't know what that means," said attorney Barbara Kaban, deputy director of the Children's Law Center of Massachusetts.

She represented the three youths who challenged the law. Kaban said the three had been charged with crimes that included larceny and assault and battery with a dangerous weapon.

All were turned over to the department's custody when they were 16. Each was initially placed on probation, then sent back to a juvenile detention facility after violating the terms of probation at least once. The department filed applications for extended commitment orders for all three shortly before they turned 18.

Jennifer Kritz, a spokeswoman for the Department of Youth Services, said the department is reviewing the court's ruling and expects to be ordered to release about 12 youths being held under the law.



[PREV] [1] ..[4266][4267][4268][4269][4270][4271][4272][4273][4274].. [8300] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Amazon workers strike at mul..
TikTok asks Supreme Court to..
Supreme Court rejects Wiscon..
US inflation ticked up last ..
Court seems reluctant to blo..
Court will hear arguments ov..
Romanian court orders a reco..
Court backs Texas over razor..
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
North Carolina Attorney Gene..
Republicans take Senate majo..
What to know about the unpre..
A man who threatened to kill..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design