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Family Affair
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freethinker
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PostPosted: Tue Dec 08, 2009 12:17 pm    Post subject: Reply with quote

Now you're getting Kafkaesque....
When the two most reasonable and responsible people on this forum--- amom, who understands children, (which you don't), And SSSS, who understands the legal system, (which you don't )-- disagree with you...and they both maintain that the kid should not be charged,
the continuation of your opposition changes from Robespierre,, to ...
to Phony
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PostPosted: Tue Dec 08, 2009 12:21 pm    Post subject: Reply with quote

Its not up to amom or SSSS whether or not the kid should be charged. It has nothing to do with understanding children either. I answered the question based on the information given.

Quote:
Police allege Baker did "command, encourage or request" his son to accompany him to his wife's home on Nov. 20. He also enlisted the youth to help him remove or destroy evidence and to provide him with an alibi, and told him to to tell authorities what had happened, police said.


If those allegations are true, the kid committed a crime. He therefore must be charged. It is the job of the courts to determine whether or not the kid should be held accountable or if he should be punished, and nobody else. Thus, he must go to court.

I'm not determining that the kid should be charged, I'm agreeing with the polices' determination that the kid should be charged because they know more about it than we do.

This really is an incredibly simple issue once you separate emotion out of it and look at it logically.
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Brant
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PostPosted: Tue Dec 08, 2009 12:27 pm    Post subject: Reply with quote

But the police have NOT determined that the kid should be charged. It's still very much up in the air.
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PostPosted: Tue Dec 08, 2009 12:31 pm    Post subject: Reply with quote

And if they decide not to charge him, then it will be based on either new evidence or a new interpretation of the given evidence.

Again, I based my answer only on what information I was provided. The question was,

"Should Scott J. Baker's 12-year-old son, whom police say Baker enlisted in his plan to kill his wife, be charged in Melissa Ann Baker's death?"

Based only on the information provided, the answer is yes. If the question had been, "Using evidence you made up, should Baker's son be charged," then we would be having a different discussion. If and when the police decide not to press charges, I will be interested to read their reasoning and I will most likely agree with it because, again, they know more than I do. All I know now is what they have told us and what they have told us warrants charges.
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PostPosted: Tue Dec 08, 2009 12:33 pm    Post subject: Reply with quote

Man...did you take extra serious pills today...? Dude...relax
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PostPosted: Tue Dec 08, 2009 12:34 pm    Post subject: Reply with quote

the determination that needs to be made is this-yes what he did was wrong, but does it rise to the level of a criminal offense? Did he meet the rules of culpability in that did he act recklessly, intelligently, knowingly, or intentionally. If the answwer is not yes to those, then charges should not be filed.
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PostPosted: Tue Dec 08, 2009 12:37 pm    Post subject: Reply with quote

SSSS wrote:
the determination that needs to be made is this-yes what he did was wrong, but does it rise to the level of a criminal offense? Did he meet the rules of culpability in that did he act recklessly, intelligently, knowingly, or intentionally. If the answwer is not yes to those, then charges should not be filed.


I think that's a determination you have to make after you file the charges, in which case you drop them.

I'm speculating now, but assuming the information provided in the article is accurate and complete, the kid should be charged with accessory after the fact. The legal process begins. The prosecution examines the evidence, determines that the kid was not mentally capable of understanding his role in the crime, and the charges are dropped. The case never goes to court. The kid goes to foster care and has no idea he was ever even charged.
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PostPosted: Tue Dec 08, 2009 12:41 pm    Post subject: Reply with quote

Thank you, SSSS. I'm not looking at this completely emotionally. Trust me I have seen some really creepy 12 year olds that probably would have been fully capable of doing this deed themselves and enlisting the help of their fathers. But, based on what I've read of this case and recognizing that the entire story has not been printed, I still feel the boy seems to be a victim. If charges have not yet been charged, the mention of "maybe" charging him should never had been newsworthy.
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PostPosted: Tue Dec 08, 2009 12:43 pm    Post subject: Reply with quote

There seems to be some correlation between "charging" and "torturing" in Washington county. Maybe I'm just no familiar with local legal practice.
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PostPosted: Tue Dec 08, 2009 12:44 pm    Post subject: Reply with quote

and Cy's posts would not have jumped up 14. Wink
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PostPosted: Tue Dec 08, 2009 1:03 pm    Post subject: Reply with quote

Or maybe, Moriarty, you have much more faith in the legal system, than a con-man like me, would ever enjoy....
Whether this kid is guilty or innocent of a felony, he should be treated, not prosecuted....And yeah, I do have faith in the law enforcement officers who know more than we do...and I'm certain they will evaluate the situation, and make our concerns unnecessary
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PostPosted: Tue Dec 08, 2009 1:04 pm    Post subject: Reply with quote

No Cy that determination must be made BEFORE the charges are filed. It is in the PA Rules of Criminal Procedure-Rules of Culpability.
The father should be charged additionally with Criminal Coercion but I maintain that the charges against the boy should not be filed-he was not culpable given the information YOU provide.
Seriously Cy-just this once admit you MAY be wrong. It will not hurt for long. We do not expect you to be an expert of every subject.
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PostPosted: Tue Dec 08, 2009 1:08 pm    Post subject: Reply with quote

Unleash He11, SSSS...
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PostPosted: Tue Dec 08, 2009 1:09 pm    Post subject: Reply with quote

Cool
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PostPosted: Tue Dec 08, 2009 1:10 pm    Post subject: Reply with quote

Sometimes there's just no reasoning with Cy. Sigh.
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