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Wed October 20, 2010
High Court Upholds NM Juvenile Sentencing
By KRWG News
New Mexico – The state Supreme Court has ruled it's constitutional for a judge to determine whether juvenile offenders can be sentenced as adults for certain violent crimes.
The justices issued a 4-1 ruling on Tuesday overturning a 2009 decision by the state Court of Appeals, which held that a jury rather than a judge should make the sentencing decision.
Justice Edward Chavez dissented, saying juvenile offenders are entitled to the same constitutional jury protections given to adults.
At issue is a sentencing procedure for "youthful offenders" those 14 to 18 years old found guilty of violent felonies, including second-degree murder and robbery.
Judges can impose adult sentences only if they determine an offender is not amenable to treatment in the juvenile justice system.
Copyright 2010 The Associated Press.