In response to several inquiries regarding an article that appeared in the Dec. 18, 2008, edition of The Monroe Times, the Green County District Attorney's office is issuing the following clarification on a recent Green County juvenile proceeding:
On Dec. 17, 2008, the Green County Juvenile Court, with the Hon. William D. Johnston, circuit court judge, presiding, accepted a plea of "no contest" to the felony charge of arson in a confidential juvenile proceeding involving a 16-year-old Green County juvenile charged with arson of a building, pursuant to sec. 943.02(1)(a) Wis. Stats., and with felony murder, pursuant to sec. 940.03 Wis. Statutes. The charge of felony murder was dismissed at the time that the court accepted 16-year-old juvenile's plea of "no contest" to the underlying charge of arson.
The Criminal Code of the State of Wisconsin provides that the crime of felony murder, contrary to Section 940.03 Wis. Stats. may be charged when a defendant causes the death of another person while committing or attempting to commit any one of several criminal offenses in the State of Wisconsin, including various crimes of battery, sexual assault, false imprisonment, kidnapping, arson, armed burglary and armed robbery, and carjacking. Where the offense of felony murder is charged against an adult in the State of Wisconsin, the penalty is not more than 15 years in excess of the maximum term of imprisonment provided for the underlying crime that the defendant committed or attempted to commit.
At the same proceeding on Dec. 17, 2008, the Green County Juvenile Court also conducted a hearing to determine whether the 16-year-old juvenile, who had entered a plea of "no contest" to the charge of arson, was "not responsible by reason of mental disease or defect," commonly referred to as the insanity defense.
Unlike in adult criminal cases, where the issues of guilt or innocence, and mental responsibility are determined by a jury of 12 citizens, juvenile court judges make such determinations in delinquency cases. As a result of the evidence presented at the Dec. 17, 2008, hearing, the Green County Juvenile Court made a finding that the 16-year-old juvenile, who had entered a plea of "no contest" to the charge of arson, was not responsible by reason of mental disease or defect. Under the provisions of the Wisconsin Juvenile Justice Code, the juvenile court judge then dismissed the arson charge in the delinquency proceedings under Chapter 938 and referred the 16-year-old juvenile for further proceedings consistent with Chapter 48 (Wisconsin Children's Code). Any additional proceedings involving this 16-year-old will be confidential pursuant to the Wisconsin Children's Code.
On Dec. 17, 2008, the Green County Juvenile Court, with the Hon. William D. Johnston, circuit court judge, presiding, accepted a plea of "no contest" to the felony charge of arson in a confidential juvenile proceeding involving a 16-year-old Green County juvenile charged with arson of a building, pursuant to sec. 943.02(1)(a) Wis. Stats., and with felony murder, pursuant to sec. 940.03 Wis. Statutes. The charge of felony murder was dismissed at the time that the court accepted 16-year-old juvenile's plea of "no contest" to the underlying charge of arson.
The Criminal Code of the State of Wisconsin provides that the crime of felony murder, contrary to Section 940.03 Wis. Stats. may be charged when a defendant causes the death of another person while committing or attempting to commit any one of several criminal offenses in the State of Wisconsin, including various crimes of battery, sexual assault, false imprisonment, kidnapping, arson, armed burglary and armed robbery, and carjacking. Where the offense of felony murder is charged against an adult in the State of Wisconsin, the penalty is not more than 15 years in excess of the maximum term of imprisonment provided for the underlying crime that the defendant committed or attempted to commit.
At the same proceeding on Dec. 17, 2008, the Green County Juvenile Court also conducted a hearing to determine whether the 16-year-old juvenile, who had entered a plea of "no contest" to the charge of arson, was "not responsible by reason of mental disease or defect," commonly referred to as the insanity defense.
Unlike in adult criminal cases, where the issues of guilt or innocence, and mental responsibility are determined by a jury of 12 citizens, juvenile court judges make such determinations in delinquency cases. As a result of the evidence presented at the Dec. 17, 2008, hearing, the Green County Juvenile Court made a finding that the 16-year-old juvenile, who had entered a plea of "no contest" to the charge of arson, was not responsible by reason of mental disease or defect. Under the provisions of the Wisconsin Juvenile Justice Code, the juvenile court judge then dismissed the arson charge in the delinquency proceedings under Chapter 938 and referred the 16-year-old juvenile for further proceedings consistent with Chapter 48 (Wisconsin Children's Code). Any additional proceedings involving this 16-year-old will be confidential pursuant to the Wisconsin Children's Code.
