1.  It’s common for accused people to plead Not Guilty early in the case.  The person (and everyone else) may know they’re guilty, but will use the Not Guilty plea to stall the case.  It’s a formality to buy time for the defense.

2.  Adrian Peterson may really think he’s not guilty.  Although the case is in Texas, the law is similar to that in Minnesota.  It says:

“Assault in the 2nd Degree.  (a)  Whoever assault another with a dangerous weapon may be sent to prison for not more than seven years.  (b) Whoever assaults another with a dangerous weapon and inflicts substantially bodily harm may be imprisoned for not more than ten years.”

The government must prove beyond a reasonable doubt two things in Adrian Peterson’s case:

a.  That he injured the child and caused harm

b.  That he intended to cause the harm (In other words, it wasn’t an accident)

During the brief interviews Adrian Peterson has given, he’s mentioned that he’s not guilty because he didn’t intend to harm the child.  Instead, he intended to discipline the child.  Personally, I think this will be a tough defense for Adrian Peterson.  How can a person strike a four year old with a stick and cause cuts and bruises to the child’s lower legs, buttocks, lower back, and on his hand (a wound caused by the child trying to defend himself)—and not intend or know that physical harm will be the result???

3.  The penalty for Adrian Peterson if he’s found guilty of the charge is commitment to prison.  Maybe Adrian Peterson and his lawyer are negotiating a future guilty plea in return for probation instead of prison.  In order to buy time for this process, Adrian Peterson has to plead Not Guilty.

4.  In Minnesota, Adrian Peterson is working through a case plan in a child protection case involving the same victim.  It probably includes anger management, counseling, and parenting education with recommendations for further treatment.  If Adrian Peterson can accomplish these goals, he may be able to negotiate a settlement of the criminal case in Texas.  In light of completing the case plan, the prosecution in Texas may agree to probation for Adrian Peterson instead of prison—at which time Adrian Peterson could change his plea to guilty.

The post Is Adrian Peterson Really Not Guilty? appeared first on Colin T. Nelson.

Or the boyfriend who was beating his “woman” and her son intervened to try and stop the violence.  As punishment for interrupting, the man put the boy in the oven and turned it on–the mother didn’t object.

In the past 20+ years, the efforts to protect kids has increased immensely.  Fifty to sixty years ago, suspected abuse of kids or dangerous home situations were pretty much ignored.  Since then, the attitude of legislatures and the community is radically different and the intervention of government into families is accept and even encouraged.

These kinds of cases typically began with a report to police alleging concerns about children in their homes.   After the police investigate, they can remove the kids for their safety and present the case to either criminal prosecutors or child protection investigators.

Child Protection will investigate the situation further and, if appropriate, the child protection social workers will try to work with the family to correct the problems that led to the police call.  If the situation can’t be corrected or the parents won’t cooperate a child protection attorney from the prosecutor’s office will file a petition alleging that the children are in need of protection and/or services.  (Called a CHIPS Petition)  In Minnesota, there are usually five categories alleged in these petitions that threaten the safety and welfare of kids:

1.  The mental illness of the parents threatens the kids

2.  The chemical dependency issues of the parents threatens the kids

3.  The parents have committed physical or sexual abuse of the kids

4.   The house the kids live in is a garbage house

5.  Education neglect  (The parents don’t force the kids to school)

Once the parents appear in court a judge will make a decision to either return the kids from shelter to the parents or not, depending on the safety of the home.  Parents have a right to a trial if they deny their kids need protection or services and a right to a lawyer to represent them in all proceedings.  They will also be offered a Case Plan to complete which contains a series of activities that are designed to correct the problems at home.  Typically, these may include:

–No use of chemicals and/or a chemical health assessment

–Anger Management programs

–Parenting education programs

–Psychological evaluations

–Family and/or individual therapy

–Visiting of the kids by the parents if they’ve been removed from the home.

The purpose of all these activities is to reunite the family but only if the parents can insure their children will return to a safe environment.

If the parents complete the case plan before trial, the judge will probably reunite the family.  If not, after a period of time, the prosecutor will file a permanency petition seeking to terminate their parental rights.  Once again, the parents will be offered the case plan and a trial.

The post Does Child Protection Protect Children? appeared first on Colin T. Nelson.