United States v. Juvenile Male #2
United States District Court for the Eastern District of New York
761 F. Supp. 2d 27 (2011)
- Written by Eric Miller, JD
Facts
A 16-year-old male (the minor) (defendant) was alleged to have participated in the gang-related, execution-style killing of a 19-year-old woman and her two-year-old son. The minor had spent much of his boyhood in an impoverished home in El Salvador, where his mother abandoned him and his uncle gave him drugs and alcohol, before being smuggled to the United States at age seven and joining a gang at 13. The minor’s criminal record included prior convictions for which leniency had been shown and in response to which efforts at rehabilitation had been made. Two neuropsychologists testified at trial in federal district court. The first stated that the minor’s intellectual development was below the level that a 16-year-old should possess. The second stated that the minor showed enough signs of normal intelligence and responsiveness to influence that his cognitive development could be corrected by placement in a different environment. The United States government (plaintiff) moved to have the minor transferred to adult criminal court.
Rule of Law
Issue
Holding and Reasoning (Bianco, J.)
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