Nature of the Case
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Facts
Q.D. (D) was 11.5 years old and was caught on school grounds with the custodian's keys. D was charged with first-degree trespass. At a pretrial hearing, D was found to have capacity to have committed the crime. The evidence consisted of testimony of both a caseworker and a detective who had worked with D showing that D was familiar with the justice system, was streetwise, and used his age as a shield. In another case, M.S. (D2) was 12 years old and was found guilty of taking indecent liberties on a child she was babysitting. It was found that she had capacity because her parents and the victim's mother permitted her to babysit. These cases were consolidated for appeal.
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