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Beecroft's Attorney Requests Court Dismiss Murder Indictment

Nicole Beecroft's attorneys are arguing that the murder indictment falls under cruel and unusual punishment.

New developments are underway in the Nicole Beecroft murder trial.

Beecroft, who was found guilty in 2007 of stabbing her infant daughter to death, has asked the district court to dismiss her indictment in light of the nation's high court ruling that "life sentences for juvenile murderers go against the constitutional prohibition of cruel and unusual punishment," the Pioneer Press is reporting

Beecroft was convicted of first-degree premeditated murder for killing her daughter in her Oakdale home. Though she was a juvenile, she was tried as an adult. 

Beecroft's attorney filed the motion in October, stating that the indictment violates the Eighth Amendment of the U.S. Constitution, according to the Pioneer Press.

The Eighth Amendments prohibits "cruel and unusual punishments." 

In response, the prosecution said that the Eighth Amendment does not apply since it is regarding punishment instead of criminal charges, the Pioneer Press reports.

A new hearing regarding the motion has been scheduled for Jan. 11. 

Related: 

  • Oakdale Woman Will Receive New Judge in Baby Murder Retrial
  • Oakdale Woman Wants Another Judge in New Baby Murder Trial

 

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Simon D November 30, 2012 at 02:34 PM
I'd go a step further and argue its cruel and unusual to try any child as an adult. Committing a heinous crime does not transform a child into an adult, rather, the crime itself often proves the perpetrator is not yet mentally developed enough to handle adulthood. If we want to establish a new age for adulthood, say 16, then fine, call them adults and try them as adults for their crimes, but also let them smoke, drink, vote, enter contracts, choose whether they go to school or not, serve their country in the military, and everything else that adulthood entails. I'd say, the age of adulthood should be 18 or 19. Let's establish one age for adulthood, and quit making case by case exceptions.
Simon D November 30, 2012 at 02:48 PM
There also needs to be a change in the juvenile justice system. Maybe committing a heinous crime when you are closer to adulthood would include punishment that strips you of your adult rights for up to 10 years, so a 17 year old who commits murder can be held in the juvenile correction system until age 27. (Or beyond?)

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