Child's Arrest Angers Minn. Tribe

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sherri79

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http://www.foxnews.com/wires/2007May09/0,4670,ChildArrest,00.html

The 11-year-old boy was led from his school in handcuffs, held overnight in a juvenile detention center, and hauled into court in shackles and an orange prison jumpsuit.
His crime? Missing a court date to testify as the victim of an assault....."He told me he didn't understand what was going on. I could hear the tears, the fear in his voice," Davis-Deyhle said.....
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ok the tribe and the local goverment fight. will putting a 11 in jail really help?
 
Well, now they are arresting child victims. Looks like the 13 year old is free and they just wanted to protect the child. I saw a little boy at the dentists office the other day and he was chained from hands, waist, down to feet. It was very upsetting and disturbing to see a child in those circumstances and I wondered if he had actually done a heinous crime or just looked at someone the wrong way.
 
What a way for the DA to show an 11 year old how much trust to put in the justice system - esp. when he's the VICTIM!!!!

This is just shocking... I would lose my mind as a parent, and I would make darn sure that that DA is out next election if not sooner.
 
As a parent, I would be outraged. There does seem to be a problem with getting this family to cooperate, but I would think that other methods could be employed.:doh:
 
as i read the details it seems the boy is caught in the middle of a fight between the city and the tribe. no child should ever be a pawn in a political argument.
 
Waitaminute here! The CHILD was arrested? How stupid! The parents are the ones who must be responsible and make certain he gets to appointments like that! H* some states even jail the parents for the child's truancy. Mind bogglingly idiotic of them!
 
Hell, why didn't the DA drive out to the victim's house to talk with them? Obviously if they sent SEVERAL subpenas to them, they could have made ONE trip out there to talk to them. Or was the DA too busy playing golf or getting her nails done?
 
Is it even legal to try and force a victim, especially a child, to testify if they don't want to ?
 
txsvicki said:
Is it even legal to try and force a victim, especially a child, to testify if they don't want to ?
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You have to comply with a subpoena - meaning you have to show up. That's the power of court, LE, etc.

But, you do not have to talk (you NEVER have to talk - under any circumstances) if you don't want to. You can always plead the 5th amendment. ALWAYS ask for an attorney. If you make it to the witness stand, the judge might be able to make you answer... threaten w/ contempt of court, etc. (Remember one of Clinton's friends - jailed for not testifying?? Susan something) With a child - I can't imagine it would ever be in the best interests of justice to make them testify.

I have rarely heard of arresting a witness for not complying w/ a subpoena. And never a child... he's definitely a pawn. How does the DA expect an 11 year old to comply w/ a subpoena on his own? Walk to the courthouse?
 
I'm not totally clear on all the laws, but Indian tribes are a soverign nation. They have their own laws, government, etc. That doesn't mean that the U.S. government can't touch them, but just that there are likely extra steps and so forth.

I'm guessing that the Tribal government wasn't approving these subpoenas (similar to when the U.S. wants France to extradite people who've committed sex offenses here - Roman Polanski??) So the D.A. figured on making an example of the child.
 
Ang50 said:
I'm not totally clear on all the laws, but Indian tribes are a soverign nation. They have their own laws, government, etc. That doesn't mean that the U.S. government can't touch them, but just that there are likely extra steps and so forth.

I'm guessing that the Tribal government wasn't approving these subpoenas (similar to when the U.S. wants France to extradite people who've committed sex offenses here - Roman Polanski??) So the D.A. figured on making an example of the child.
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from what i gathered in the story the tribe had a reservation there long ago.
The official policy of the county is that the Mille Lacs Band's reservation no longer exists because of legal decisions dating to the early 20th century. Federal courts have rejected a lawsuit to that effect, but Kolb and the Mille Lacs County Commission maintain their position.
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federal courts say it still exist but local government say it does not. the tribe often ignores subpoenas.

so how i see it... the tribe ignores local government and the local government ignores the federal government and a kid gets screwed over for politics. as for if they can touch the child if the child goes to school in town they can grab him. off the reservation he has no protection from our LE.
 
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