Boston Criminal Lawyer Blog

Mychal Bell, the 17-year-old accused of hitting a white classmate in the famous “Jena Six” case pled guilty yesterday to assaulting Justin Barker. Bell and five other black teenagers were charged with attempted murder for beating Barker last December.

Bell had initially been convicted as an adult by an all-white jury and sentenced to 21 years in prison. At the time the assault occurred, he was 16-years-old. In Louisiana, the legal adult age is 17.

Bell’s conviction caused some 20,000 people to protest in Jenna, Louisiana and was overturned by an appeals court. Although released in September, he violated his probation in October and was sent to a juvenile facility.

As part of the plea agreement, conspiracy charges were dropped against Bell. The charges were reduced from aggravated battery to second-degree battery.

Bell has already spent one year in jail. If his case had gone to trial on Thursday, he would have had to stay at a juvenile facility until he turned 21. Instead, Bell will be sent to a group home and could return to public school as early as next week. He also must pay for Barker’s medical bills and $935 in court expenses.

The Jenna 6 Case and conviction sparked a huge racial debate as to whether black suspects are treated more harshly under the law. Prior to the assault on Barker, three white teenagers hung nooses on a tree after black teenagers got permission to sit under the tree. No federal charges were pressed against the white teens, although the incident was not unlike a hate crime.

Three months later, six teenagers–Mychal Bell, Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw and Jesse Ray Bear were arrested for allegedly beating Barker. They were charged with second-degree murder.

Recent studies show that prosecuting juveniles as adults tends to harm them more than help them and that these juveniles were more likely to commit crimes again. In the United States, about 200,000 defendants younger than 18 are dealt with through the adult criminal court system because of their offense or their age.

“Jena 6” Teen Admits Fault in Plea Deal, USA Today, December 3, 2007
Prosecuting kids as adults: Some states ponder changes, USA Today, December 1, 2007
Related Web Resources:

The Case of the Jena Six: Black High School Students Charged with Attempted Murder for Schoolyard Fight After Nooses Are Hung from Tree, Democracy Now!, July 10, 2007
Juvenile Court Dept., Mass.gov Continue reading

Police in Boston want parents to allow detectives to enter their children’s bedrooms without a warrant to look for guns. The new program, targeting high-crime areas and set to begin in a couple of weeks, is already raising questions in Massachusetts about civil liberties.

Police officers assigned to Boston area schools will go to the homes of teenagers they believe might be in possession of a firearm and ask the parents or legal guardian for consent to search the premise. If the parent or guardian refuses to grant permission, the police will leave the property.

Boston police claim that if a gun is discovered in the home, the teenager will not be charged with unlawful gun possession unless the weapon connected to a homicide or shooting.

The success of the program depends on the willingness of parents to participate. Police are hoping that parents, worried that their kids will get swept up in gun violence, will allow them to conduct the searches.

Critics of the program cited concerns that some parents and guardians will be too intimidated by the presence of police officers to refuse to agree to a search. Other critics commented on how the program conflicts with the US Constitution’s 4th Amendment, which forbids searches and seizures without a warrant. Still other expressed concerns that parents could unintentionally implicate: children if drugs or other illegal items were found in their bedrooms.

The 4th Amendment of the U.S. Constitution:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Unless police are in hot pursuit of a suspect, they must have probable cause and a search warrant to conduct a search leading to an arrest.

Police, however, say that they won’t go to the homes of juveniles they suspect of being involved in homicides or shootings. In these instances, they promise to obtain search warrants.

Boston police will rely on an anonymous hotline, tips from neighbors, and their own experience to decide which homes to approach.

The program targets juveniles under 18 years of age. Homes being targeted are located in Roxbury and Dorchester neighborhoods, including Egleston Square, Franklin Hill, Grove Hall, Geneva Avenue, Bowdoin Street, and Franklin Field. Police will use their own judgment on whether to make a drug arrest if drugs are founded.

Police to search for guns in homes, Boston.com, November 17, 2007
4th Amendment, Constitution of the United States of America

Related Web Resources:

Juveniles and Guns

Fighting Juvenile Gun Violence (PDF)
Continue reading