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BaseballMedia This morning I received the following document. The email states as follow: Here is the entire document. Meyer In their newly found eagerness to expose collegiate sports malfeasance, reporters risk overreacting to, or misrepresenting the legal nuances that surround the conduct of juvenile offenders.
This is exactly what occurred in the case of Luke Heimlich, a baseball pitcher for Oregon State University. The generally pliant reporting by the sporting press facilitated such troublesome and indeed criminal behavior but these situations are not analogous to Heimlich, who was wronged by journalists who employed, and other journalists who continue to employ, legal terms applicable to adult criminal proceedings and completely inapplicable to the Washington juvenile offense context.
Heimlich was accused of committing in the state of Washington when he was 15 years old. These are terms solely applicable to adults charged with committing crimes, not juveniles.
At the tournament in Omaha, 1 seed Oregon State finished in third place. More importantly, Heimlich, who before the disclosures was heavily reported to be a first round choice in the Major League Baseball draft scheduled that same week, was not selected in any of the three dozen rounds.
This series of events did grave damage to the utility and promise of juvenile adjudication, especially within the education context.
Luke Heimlich is not now, nor has he ever been convicted of a crime, committed a felony, or possess a prior felony conviction. If the reporters from The Oregonian could have resisted their impulse to print a story when it would achieve maximum visibility, they might have had time to learn about the law in the state of Washington governing youthful offenders until age 18 as set forth in RCW This is the primary difference from the adult criminal arena where the sole purpose of the law is punishment of the offender.
Certain reporters and columnists for the Oregonian supplanted the prerogatives of the state of Washington and became unto themselves an illegitimate judge and jury by exacting vigilante vengeance against Heimlich through a rite of public humiliation.
This has led to innumerable ill-informed commentators to do the same. Rather, they are adjudicated of having committed offenses which would constitute a crime if committed by an adult. Even so, did Heimlich meet that standard? As a juvenile respondent did Heimlich pay his debt to society?
According to Washington state law, yes.
Justice had long been served in this case by the time of publication of Mr. Kerry Eggers recent article in the Portland Tribune highlights the extreme complexities a 15 year old accused of an intra-familial sex offense must face. Juveniles accused of any criminal offenses in Washington are not afforded jury trials.
The accused youth, facing substantial commitment of time to a Juvenile institution and civil registration requirements, must make very difficult decisions on how to proceed and are often influenced very heavily by family members with very different objectives.
Heimlich was successfully rehabilitated and reintegrated into society by virtue of his successful completion of a rigorous treatment and evaluation under SSODA and subsequent deportment. Since his discharge he has excelled academically, socially, and yes, athletically, without any hint of offending behavior including any sexual offense.
This is an important question considering the difficulties attendant upon carrying that obligation into adulthood when such issues impinge on prospects for employment, i.
These civil registration requirements are what Heimlich got entangled with, since there was uncertainty over whether he had to register inOregon when he turned The Heimlich case prompts another, more overarching, question: If juvenile offenses are to precipitate adult-level consequences for a lifetime, why have juvenile adjudication at all?
The full thrust of the Caldwell Study is to make youths, or adults who as youths, committed sexual offenses exempt from public notification and residency registration laws. Sex Offense Registration and Related Laws: This article cites research showing that these registration requirements imposed on youthful offenders who have successfully rehabilitated themselves and become reintegrated into society provide NO public safety benefits.
In fact, these obligations usually expose the affected youth and their communities to greater harm. This report states that notwithstanding the low recidivism rate cited by the journalists, affected youth and their families are often targets of violence; ostracized; denied education, housing and jobs; and frequently suffer from depression, isolation, and suicidal ideation, a finding consistent with the US Department of Education study mentioned above.
For Luke Heimlich to himself to remove himself from positive pro-social activity forcibly isolated himself from his teammates and the activities surrounding the College World Series was the worst possible outcome and contrary to reigning social science theory.
Heimlich properly was held accountable by the Washington Juvenile Justice Act and did everything asked of him. By every measure he had successfully reintegrated himself into society.
He has notbeen accused of committing any new offense, he has excelled academically, socially, and athletically.
He should have been drafted by a major league baseball team. Only the future will tell what needless damage vigilante journalism and administrative incompetence have done to the Heimlich family.Yolonda is the Native American Student & Community Center Program Coordinator. She has Yakama, Warm Springs, and Mexican ancestry.
She grew up on the Yakama Reservation in Toppenish, Washington before moving to Oregon to attend college at Portland State University (PSU). Find more Portland, Oregon Lawyers in the Justia Legal Services and Lawyers Directory which includes profiles of more than one million lawyers licensed to practice in the United States, in addition to profiles of legal aid, pro bono and legal service organizations.
SLAPP Cases Decided by the California Courts of Appeal Print This Page The following is a list of published SLAPP opinions decided by the California Courts of Appeal and a .
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