Subscribe to Breaking NewsRuby-Sachs: Juvenile offenders revisited
I recently wrote about the charging of a teenage boy as an adult for the brutal murder of a gay classmate. While the law states that adulthood begins at eighteen, many, including many readers, believe that adult responsibility, at least for the bad stuff, can come earlier.
Well, this weekend there was a lot of talk about and eight year-old boy in Arizona who shot and killed his father and his father’s co-worker with a 22 caliber rifle. Although the boy’s mother lives in town, the police officers detained him and questioned him without a parental presence. Moreover, they are now calling that he be charged as an adult.
Even if the child is treated as a juvenile, he is charged with first degree murder, an offence that requires pre-meditation.
Worst case scenario? Police in Arizona believe that a third grader decided to kill his parents, waited until he could gain access to a gun and then deliberately shot, not only his father, but another man in the house. He did all of this with the same intent and understanding of the consequences of his actions as you or I.
I am hoping that many readers find this scenario as ludicrous as I do. In fact, it would be ludicrous if the child were nine, or ten, or even eleven. But what if he were twelve? Would you know for certain that he understood the consequences of his actions? That he could form the intent to kill?
This case is heartbreaking, but it is also an important illustration of the “where to draw the line” dilemma.
This country charges people over eighteen as adults not because it is the moment individuals become criminally responsible in every case. It is the most likely moment, given other laws and responsibilities in society, when an individual will begin to behave like an adult.
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If, instead of abiding by the eighteen year cutoff, the law is used to determine on a case by case basis when one is a child or an adult we risk writing off real hope for change for some teenagers and children.
Better to let one or two adult minded offenders spend a few years in a juvenile facility, than give up on one child who could be rehabilitated and take advantage of a normal and healthy future.
It was his father who gave him the gun and taught him to kill animals.
Granted, he should not be charged as an adult but this is obviuosly a bad seed that needs to be put away so that he does not repeat the offense. Let’s not keep feeling so sorry for this horrible child and let’s think of those that died at his hands.
Ludicrous? Let me explain again Ruby-Sachs, an adult crime deserves adult penalties. This child reportedly ended the lives of two others? If this is true, I see no reason that he should see freedom as an adult.
By the way, when I was 10 I was responsible for getting to my own extra curricular activities, making dinners for my mother and I and helping clean the house. (All that while my mother worked two jobs.) When I was doing social work, I saw many 7 and 8 year olds that would manipulate and plan some amazing things. Never underestimate someone simply based upon age.
The murder does appear to be premeditated, but 8 is too young to be charged as an adult.
My personal line is drawn at puberty for murder. The line blurs while they are in purberty, but once they are “post-pubecent” the gloves come off and adult charges are possible for murder.
Overall, I think that charging the 8 year old as an adult would be a mistake.
I’m sorry, but those who commit heinous crimes, regardless of their age, have to assume the responsibility of those crimes. Along with the responsibility comes consequences.
Of course he should be afforded the best defense possible . . . but, if found guilty he should suffer the same consequences as anyone else who might be found guilty of such a crime.
We’ve all seen far too often than crimes (at whatever magnitude) without real consequences simply create more hardened criminals. I could live with live in prison without the possibility of parole. But frankly, I would charge him as an adult and let him bear the responsibility and the consequence whatever that might be.
Neil
I’ve always found it ridiculous that we have separate juvenile justice systems but whenever the media finds out about a case the prosecutors always want to try kids as adults.
I’m neutral about whether we should have the juvenile justice system, but if we have it we should actually use it.
Trace: What the heck is an “adult crime”? Moreover, why does murder fall into the category of “adult crime” instead of some alternative category?
the fact that an eight year old allegedly killed his father and another person means that there was a failure somewhere, a failure on the part of the community to recognize what was going on with this kid. there must have been some signs before hand, and someone, or many someones missed them. i see it is a failure of communities and our society that violence happens, especially when committed by children, and our collective responibility to end violence. throwing individuals away into the criminal justice system does little to make our communities safer (and often makes them way less safe) and does nothing to address the root causes of violence. so the question in my mind is not whether or not he should be tried as an adult but rather who failed this boy? where was his family? school? community? and what messages did we allow him to learn about what violence is and when it is ok