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has been in substance abuse treatment at least seven or eight times since she was fourteen years old. Thereafter, Carrie Thibert petitioned the Tribal Court to commit C. On 11/07/2007, Chelsey Amyotte was interviewed again by FBI SA O'Neil and BIA SA Thomas.
It is undisputed that Carrie Thibert has been committed for drug and alcohol treatment on more than twenty occasions. Beston slapped Baker with an open hand approximately eight times. The Court views the defendant as having below average intelligence.
has had little contact with her father who lives in the Belcourt area. They followed her into her bedroom after she and Baker had gotten into an argument in the hallway. has an eighth grade education and has been in ninth grade the past four years due in part to her legal problems.
"The purpose of a transfer hearing is to ascertain whether a juvenile should be tried as an adult for the alleged crime." United States v. The government bears the burden to prove by a preponderance of the evidence that a transfer is warranted. "A transfer hearing is not a criminal proceeding which results in an adjudication of guilt or innocence, but a civil proceeding which results only in an adjudication of status." Id. In determining whether a transfer would be in the "interests of justice," the Eighth Circuit has held that a district court must consider six statutory factors: (1) the age and social background of the juvenile; (2) the nature of the alleged offense; (3) the extent and nature of the juvenile's prior delinquency record; (4) the juvenile's present intellectual development and psychological maturity; (5) the nature of past treatment efforts and the juvenile's response to such efforts; and (6) the availability of programs designed to treat the juvenile's behavioral problems.
The government bears the burden of rebutting the statutory presumption of juvenile treatment. Nelson, 68 F.3d 583, 588 (2d Cir.1995); United States v.
and her three siblings have been removed from Thibert's care and custody by tribal court officials on numerous occasions. Amyotte eventually admitted that she and Beston assaulted Baker in her bedroom.
She has a well-documented and extensive drug/alcohol history. Amyotte's mother was present during the interview as well.
was more than 17½ years old at the time the criminal offense occurred, and that she is currently eighteen years old, favors her transfer to adult status. Smith, 178 F.3d 22, 27 (1st Cir.1999); United States v. 1, 118 F.3d 298, 308 (5th Cir.1997); United States v. They discussed making money in order to get out of town. The Court must next consider the defendant's intellectual development and psychological maturity. Sara Kenney at the Lake Region Law Enforcement Center in Devils Lake, North Dakota, in December 2007. The evaluation includes results from current intelligence tests or psychological examinations which included a clinical interview, the Wechsler Adult Intelligence Scale—3rd Ed (WAI3), the Minnesota Multiphasic Personality Inventory—2 (MMPI-2), and a Sixteen Personality Factor Questionnaire—Fifth Edition.
A short time later Vallie arrived, and Amyotte and Beston left with Vallie. The Court finds that defendant's limited juvenile record does not weigh in favor of a transfer.
§ 5032, in accordance with the Federal Juvenile Justice and Delinquency Prevention Act, 18 U.
Assistant Federal Public Defender Orell Schmitz represented C.
On May 16, 2008, the parties each filed post-hearing memorandums.Tags: Adult Dating, affair dating, sex dating