The defense argues that because he has not had any contact with the Department of Juvenile Justice before, the court cannot rule out the possibility of the rehabilitation and treatment of the Department of Juvenile Justice to be ineffective or not potentially work. In short, he is arguing for the court to try this approach first to see if it would work. Contrarily, the prosecution stated that “because the offense is so horrific and because what this young man has done was just so awful, and so criminal there is nothing in the system for him” (M-8). They argue that due to the nature and severity of the crime, homicide, that there is no point in trying to rehabilitate …show more content…
He brings up the report of his emotion stability. Accordingly, “he was oriented with person, place, and time, and also what his situation was today….In the interview with the doctor his speech was spontaneous, logical , and relevant to his problems. It also indicated that despite the problems cited by Mr. Pyle, there’s not a retardation factor” (Waiver Hearing, P. 1). This type of testimony - that of the doctor’s report - can be very convincing. It shows that he was not only cognizant of his surroundings, but also he was able to rationally understand and speak to the issue he faced that day of the interview. Since the defense brought up his educational difficulties, the doctor must have taken that into account as well. However, ultimately finding that some level of retardation was not an issue. Lastly, the prosecution argues that the amenability to treatment would be low in the juvenile system. As the defense argues that he has not had any interaction with the criminal system in the past, therefore making it rather difficult to predict the likelihood of the effectiveness of treatment, the prosecution says that even though he hasn’t had interaction with the criminal system before, he has with the Department of Social Services - and that is close enough. Bouncing between foster homes and psychiatric hospitals because of behavioral problems, this history should be equivalent. Meaning,