Following his insistence on his innocence, the lawyers of the lower courts decided to bar the application to move the case to the juvenile court. A panel of three judges at the Pennsylvania Superior Court questioned the lower court decision.

They stated that demanding remorse from the accused,Jordan, amounted to pleading guilty hence a violation of his Fifth Amendment rights on self incrimination. However thePennsylvania’s chief deputy attorney general, Christopher Carusone, said no one had tried to force a guilty plea on the boy as the case had not yet gone to trial.

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