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:
- Serious felonies when the minor fired a weapon
- Some sex crimes using force
- 1st degree murder Attempted, premeditated murder Aggravated kidnapping if the is life in prison
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