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...BABY AND THE BATHWATER: THE PERILS OF HOLDING JUVENILES IN CONTEMPT RICHARD SEITZ UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2008 You can learn many things from children. How much patience you have, for instance. - Franklin P. Jones THE CASE OF A.S. In December of 2007, A.S., a 17 year old female, was subpoenaed to testify as a state’s witness in a case against a man accused of assaulting another woman. When she failed to respond to the subpoena and did not appear at trial[1], St. Mary’s Circuit Court Judge C. Clarke Raley issued an order for her arrest. She was picked up by patrol officers on New Year’s Eve, and appeared before a different judge, who subsequently released her on her own recognizance. On January 9, 2008, Judge Raley issued another order, this time finding her in direct criminal contempt for her previous failure to appear as a witness, and summarily sentenced her to 30 days in the St. Mary’s County Detention Facility, the county’s general population prison for adult criminal offenders. A.S. was jailed in the detention center among the adult population; public defenders appealed to the judge on her behalf, claiming that her imprisonment was in violation of the Juvenile Justice and Delinquency Prevention Act[2]. Judge Raley was not compelled by the argument, stating that she A.S. “was not best served by guidance, treatment or rehabilitation [in a juvenile facility], but by a brief exposure to the St. Mary’s County Detention...
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