Case 3 COMMENTS: ON MARCH 16, 2007 AT APPROXIMATELY 01:45 A.M. OFFICER STEPHENS OBSERVED female defendant, AGE 15, WALKING IN THE 500 BLOCK OF OAK ST. IN DANVILLE.  OFFICERS WERE PATROLLING THE AREA FOR A KNOWN CRIME.  OFFICERS ASKED defendant HER AGE. Defendant WAS CHARGED WITH A VIOLATION OF CURFEW AND TAKEN HOME TO HER MOTHER.

Defense: Remind defendant of statement of allocution.  Ask parent/guardian to say positive things about the defendant.  

Prosecution: What are the dangers of being out past curfew?  Are kidnappings, shootings, gang fights, and/or rape more likely to occur in the hours after curfew?

Does defendant have a curfew applied at home (8:00 by Mother)?  When police stopped them how many blocks/miles were they from their home or destination?  Did Parents/Guardians know where defendant was at the time of offense? 

Case 2 comments :  Battery Case for fighting in evening at community Center in Georgetown.

Female Defendant threw rocks at Female victim after victim had said something to her.  Rock throwing provoked a fight.

Defense: Remind Defendant of statement of allocution. Remind parent of guardian to say something positive about the defendant. 

Prosecution:

What could the defendant have done differently?  Can throwing rocks have hurt someone? Can fights lead to serious injuries or even death?  Does one have to fight if another person says something offensive?  Does defendant have a history of fighting at school? 

Case 1 Comments : Battery.  Female Defendant fought at Fair Oaks when a group of people encouraged her to fight another girl.  Defendant had a knife in her pocket.  Victim accused defendant of using knife against her.  Police DID NOT determine that the knife was used.  Defendant says she did not use knife it was just in her pocket from several days earlier and she did not remember it was there! 

Defense: Remind Defendant of statement of allocution. Remind parent of guardian to say something positive about the defendant. 

Prosecution:

What could the defendant have done differently?  What did defendant intend to do with the knife?  Can fights lead to serious injuries or even death?  Does one have to fight if another person says something offensive?  Does defendant have a history of fighting at school?  Even if a large group is encouraging you to fight does one have to?