In re Juvenile 2004-822

The juvenile appeals an order of the Rochester District Court (Cappiello, J.) sentencing him to a suspended jail term. He argues that: (1) RSA 169-B:19, III-c (Supp 2005) is unconstitutional because it establishes a system of juvenile jury trials that subjects juveniles to double jeopardy; and (2) that the trial court erred in imposing a suspended jail sentence because RSA 628:1 (Supp. 2005) precludes holding a person “criminally responsible” for an act he committed when he was twelve years old. We affirm.

The limited record reflects the following facts. At the age of seventeen, the juvenile…