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That's why we have judges.
How does that explain the comment that children lack the maturity to be premeditate a serious crime?
That's why we have judges.
They were still boys and not adults. That's the nub of the question. The Human brain develops and grows until the mid-twenties. Thats the anatomy and physiology of it. before that age, the person is to some degree not completely adult. There are all sorts of other factors, socialisation, physical strength, learning disability, but that's the basic norm. The law can set a cutoff, the question is where, and that can be varied by societal difference. Arbitararily moving the goalposts depending on the crime doesn't change the child's culpability, only the punishment.
Scandinavia has a very different way of dealing with child murderers, compared to how the Bulger killers were treated. Their murderers never missed any school!
BBC News - How Norway dealt with its 'Bulger' case
How does that explain the comment that children lack the maturity to be premeditate a serious crime?
I never made that claim.
How does that explain the comment that children lack the maturity to be premeditate a serious crime?
This is the question you asked me, and I am reiterating that I don't believe this. I believe criminals should be judged based on their level of premeditation, which indicates their level of competence.
I think it should depend on the level of premeditation because that requires a degree of maturity and understanding that an immature mind would lack.
Many folks have a tendency to view the divide between adult and minor in a very sharply defined manner... anyone under 18 is referred to as a "child" (actually some stats even include persons up to 25 as "children", incredibly) and 18 and over is "adult". Under 18 is assumed to be irresponsible, far less accountable, and forbidden most adult activity, while 18 and up is, in many ways, treated as fully accountable and so on.
I'm talking about the full spectrum of issues here: sex/consent, ability to legally contract, vote, buy a gun, live independently, self-determination, criminal accountability (juvie justice vs adult court/prison), driving, getting married, etc.
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This is one reason I think statutory rape charges for having "consensual" sex with a 9yo is entirely reasonable and justified... but when the subject is 14-16, perhaps not so much, at least not "rape". Especially not if the "perp" is only 2-3 years older. And what if they're both "underage"? To be fair and reasonable you'd have to either charge both or neither.
In my home state much of these issues are resolved through a gradual accumulation of legal rights/privileges. At 16 you can drive and consent to sex; at 18 you can vote, join the military, marry, buy a long gun, sign a contract. Due to Federal fund pressure you can't buy a pistol until 21, which is also when you can get a carry permit.
I've never heard of a 10yo being tried as an adult in my state tmk, but plenty of 15-16yo's are if they commit adult crimes.
Discussion? Let's try not to get overly hung up on a single issue please (like consent) because I'm talking about ALL the adult rights/privileges/responsibilities and not just one.
Yes, i asked that question in response to your saying
You also said an immature mind lacks the capability to premeditate a crime. Fortunately in most cases you are correct. But then sometimes someone appears and throws that thought out the window and shows that immature minds are capable of premeditation.
I would like you to be right but unfortunately it is not. Which leaves us with the problem of what to do with a child that deliberately murders someone.
None of the links about these child murders really speak of competence at what they did. They were easily caught. It would be difficult to argue that a child of 6 or 10 could have developed maturity by that age.I'm not basing maturity level on age, but level of premeditation and competence to commit a crime, which is indicated by the context of the crime committed.