In re KAP
Minnesota Court of Appeals
550 N.W.2d 9 (1996)
- Written by Angela Patrick, JD
Facts
KAP (defendant) was charged with second-degree murder for stabbing a man who had acted aggressively and followed KAP into his apartment building. At the time, KAP was 17 years old. KAP had two assault charges pending against him and a history of other fights and confrontations. A psychologist evaluated KAP and determined that he had anger and impulse-control issues. However, the psychologist also found that KAP had many positive traits, was unlikely to commit another murder in the future, was motivated to get rehabilitated, and might be successfully rehabilitated if he attended a treatment program for the next 3.5 years, until he turned 21. Further, if KAP were charged as a juvenile and did not successfully rehabilitate before turning 21, he would not necessarily be released at the end of his juvenile sentence. Rather, if KAP violated the terms of his rehabilitation program, the law allowed his juvenile sentence to be extended to an adult sentence, which was approximately 25.5 years. The juvenile court weighed all the factors and ruled that KAP should be charged as an adult. KAP appealed.
Rule of Law
Issue
Holding and Reasoning (Schultz, J.)
What to do next…
Here's why 820,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
