Yes. The judges need to consider if the defendant would physically be in danger in state custody. With gang dynamics, family vendettas, and the institutional setting, in general, every youth in detention is in physical danger more often than they’re not.

Size/stature is a factor that the judicial system has to consider because if they knowingly endanger a “child” by putting them in an environment where they couldn’t effectively defend themself, then some attorney would make a case about the state being liable if any harm did come to that “child” while he was in state custody.

The kid who attacked my husband was 16, and no, he was not too bright. His backpack, ID, and phone were left in my spouse’s car when he fled. He was smart enough to listen to his attorney and didn’t gain too much weight while locked up (common advice from attorneys in advance of a waiver hearing…”appear helpless/childlike”). His mother also attended with many of his siblings, which may have been compelling. I don’t think he had any physical/intellectual disability. Just a stupid kid who fell prey to environmental factors, and made a series of poor choices.

I was PISSED, and didn’t understand the juvenile justice system at that point. I’m not even sure if I do now, having experienced it through multiple lenses over multiple years. All I know is that no one is winning in the current model. Families, youth, and the community are all set up to continually be fucked and underserved.