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State v. Hartke

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eBook details

  • Title: State v. Hartke
  • Author : Supreme Court of Wyoming
  • Release Date : January 18, 1997
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The question here is whether extending juvenile jurisdiction retroactively to collect restitution violates the ex post facto prohibition of the federal and state constitutions. U.S. Const. art. I, sec. 9; Const. art. I, sec. 23. Juvenile restitution is imposed for the primary purposes of compensating victims, juvenile accountability, and juvenile rehabilitation. State v. Sanchez, 73 Wn. App. 486, 489, 869 P.2d 1133 (1994). Because restitution is not punishment, we conclude there has been no violation of the ex post facto clause. We also conclude that the failure of the court to extend juvenile jurisdiction over Daniel L. Hartkes brother, and cohort in this criminal enterprise, does not result in the denial of equal protection of law. U.S. Const. amend. XIV; Const. art. I, sec. 12. We therefore affirm the trial courts order extending jurisdiction.


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