Another New Twist On Baby Kidnapping? Take Your Picture?
Analyzing a Pierce County, Washington kidnapping case, criminal defense attorney Spencer Freeman notes a 16-year-old is charged in juvenile court and can't be tried as an adult unless prosecutors win a 'declination hearing.' He also distinguishes two often-confused concepts: an insanity defense—not knowing right from wrong at the time—versus being incompetent to stand trial.
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Answered by Spencer Freeman · Pierce County, WA
Highlights
— the charges against the adult, and the daughter charged in juvenile court
— why the 16-year-old likely won't be charged as an adult
— the factors that could drive a plea bargain: evidence and motive
— the difference between an insanity defense and incompetency to stand trial
— why a prior pattern of behavior shapes how the case is handled
Frequently Asked Questions
Who was charged in this kidnapping case?
An adult faced serious charges, and her 16-year-old daughter was charged separately in juvenile court.
Can the 16-year-old be tried as an adult?
Not unless prosecutors win a 'declination hearing'; otherwise the case stays in juvenile court.
What could drive a plea bargain here?
Key factors include the strength of the evidence and the motive behind the alleged conduct.
What's the difference between insanity and incompetency?
An insanity defense turns on not knowing right from wrong at the time of the act, while incompetency is about being unable to understand and participate in the trial itself.
How does a prior pattern affect the case?
Evidence of ongoing behavior shapes how prosecutors and the court handle the matter.
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