Delinquent : A psychologist said Desianiah could reform within the juvenile system, but a judge disagreed, sent her to adult courtDuring an “amenability hearing” to determine whether a youth can be rehabilitated by the juvenile system, judges consider the child’s social history, education and family situation, as well as a mental health examination by the court’s diagnostic clinic.
She was raised in Wisconsin, where she felt like a second mother to her two younger brothers while their mom recovered from medical issues, forcing her to grow up fast. Then, in 2018, she says her mother met a man on a gamer website and uprooted the family to Cleveland. They settled in the Glenville neighborhood.
Desianiah was on the run for two months, but on occasion during that time, she snuck into the family’s home, climbing onto a trashcan and boosting herself through a window to collect items inside, police reported. One day she absconded with her brother’s cellphone. Her mom told officers she believed Desianiah was hanging out with East side youths who liked to shoot rifles.
Her charge qualified for transfer to adult court – a process known as bindover – but because she was not yet 16, she fell short of the threshold that would have made her bindover mandatory. Instead, the Cuyahoga County Prosecutor’s Office petitioned a juvenile judge for discretionary transfer to the adult system.
A Plain Dealer/cleveland.com analysis of 407 amenability decisions from 2019 to 2022 showed that judges most often denied bindover when they felt there was enough time to rehabilitate a youth in the juvenile system. Sometimes judges elaborated in their rulings, saying juveniles weren’t yet mature enough for adult prison or they hadn’t been given enough opportunities for reform.
“The psychological evaluation is a very big, important piece of the pie, but it’s not the whole pie,” he says. “Judges have to look at the totality of the database, which can include reports from probation officers, and consideration of the seriousness of the offense.”
Source: Law Daily Report (lawdailyreport.net)
@Exmeter Delinquent Bindover Cuyahoga County Juvenile Justice
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