When a child acts like adult

Morning_Dew thumbnail
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Posted: 17 years ago
#1

Some times back I was watching one show related to criminal activities among children. I don't exactly remember the case , but in one of the first degree murder , a minor was charged as an adult. There are certain conditions where a minor can be charged as an adult. following are some points I took from superior court of California website

In 2000, California changed the way it deals with some minors. After intake and screening, the probation officer investigates what happened and sends the case to be filed. Then the DA can choose to file charges in adult criminal court directly.

The DA has to think about if the minor:

    Is already a ward of the Court for a different felony crime Was 14 or older when the crime happened Has a record. Was at least 16, but under 18, when the new crime happened Is charged with:
      1st degree murder Attempted, premeditated murder Aggravated kidnapping if the is life in prison
    • Serious felonies when the minor fired a weapon
    • Some sex crimes using force

If the DA files the case in adult criminal court, the minor is treated like an adult. The minor has to deal with the same laws and procedures, and has the same rights as an adult.

This means that the minor can have the same sentence as an adult if they're
of the same crime. But, at the end of the case, the judge can decide that the minor should get a juvenile disposition.

http://www.scselfservice.org/juvdel/process.htm#adults

Here there is a law where a minor can be taken as an adult. ofcourse they have already mentioned certain conditions which indicates mental maturity rather than physical maturity. Even if taken biologically , a child become mature physically way before the legal age.
My question is if death penalty is a punishment for first degree murder , and a minor who was around 17 when he /she committed that murder . or any other situation according to the above classification .Should he be taken as an adult and be prosecuted for death penalty


Edited by Morning_Dew - 17 years ago

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sareg thumbnail
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Posted: 17 years ago
#2
I think the right should be left to the DA and the court to decide whether the child should be considered an adult, I think they determine it based upon the crime, it makes it harder for them to convict since the defense can always claim mental incompetence to perform such crime, so if the DA is ready to fight the uphill battle, I would leave it upto his/her judgement
qwertyesque thumbnail
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Posted: 17 years ago
#3
Its depends on the place. A 17 year old in NYC will be more compelling to get in crime than say one in NC or Alabama for instance. Besides there are the provoking elements... based on region etc....

So I think a small chat with these tells us if they are matured thinking adults or still kids who had a bad day... 😊

DA's are always going to paint them negative... Its upto the judiciary to do these minor reforms to view things differently...

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