Saturday, December 08, 2007

Although the Nebraska Supreme Court earlier held that Neb. Rev. Stat. § 29-2281 (how to assess criminal restitution, see In re Interest of Brandon M., 273 Neb. 47, 727 N.W.2d 230 (2007) did not apply to juvenile delinquency proceedings, the Supreme Court holds that juvenile courts should use its rules for "guidance." In re Interest of Laurance S., S-06-1439, S-06-1443 , 274 Neb. 620 Nebraska Supreme Court (J. Miller-Lerman) reverses $29,000 restitution orders against two Fremont brothers who vandalized a school. Can you say "legislating from the bench?" Justice Miller-Lerman cant stand that juvenile courts don't have statutory guidelines on assessing restitution, so she helps them come up with some. $29000 was just too high a price to charge two likely career losers without considering their ability to pay. Did it occur to the supreme court that putting a little shock value into their heads might wake them up? Instead typical of her blame the victim attitude she is more concerned with the self-esteem of the delinquents. "The result of such [an order] would not be rehabilitation. Rather, it would give the [juvenile] a sense of unfairness, injustice and bitterness towards the system because the chance to reform would not be present.’”

No comments: