By: LINDSEY O’NEILL, ESQ.
As recently reported in the media, an 8-year old boy has been charged with the premeditated double murder of his father and another man. The third-grader may even be charged as an adult for the crime.
Reports indicate the father taught his son how to use guns. Since the family members are avid hunters, the father specifically taught his son how to use a rifle to shoot prairie dogs. The boy apparently used a .22-caliber rifle in shooting his father and the other man. While many in the town are reacting to the news with shock and concluding a child that young could not have known what he was doing, police believe abuse may have triggered the boy to plan to kill his father and the other man.
Juvenile offenders can be tried as adults in criminal court by being “transferred” to adult court from the juvenile justice system. Upon transfer to adult court, juvenile defendants lose their legal status as minor children and become fully culpable for their behavior. If convicted as a minor, the 8-year old boy in this case could be sentenced to juvenile detention until he reaches the age of 18. If charged as an adult, he would face the same punishment as an adult would for first degree murder (i.e. life in prison, with or without parole depending on the outcome). While the death penalty is an available punishment for adults in Arizona (where this case occurred), if a juvenile defendant was under the age of 16 when the offense occurred the death penalty is not available under the case of Thompson v. Oklahoma, 487 US 815 (1988).
So, should an 8-year old be tried as an adult?
According to the CDC on child development, 8-year old children are developed enough to “… dress themselves, catch a ball more easily with only their hands, and tie their shoes…” Further, the National Network for Child Care reports that children at this age “…are beginning to see things from another child’s point of view, but they still have trouble understanding the feelings and needs of other people…” and they are just starting to “…learn [how to] to plan ahead and evaluate what they do.” Finally, the American Psychological Association reports that “…the part of the brain that is responsible for good judgment and the control of impulses—the pre-frontal cortex—is still immature; consequently, children of this age-period …. don’t have yet the capacity to fully control their impulses.”
So you tell me - can an 8-year old child really premeditate and plan the murder of two adult men? Even if you conclude that an 8-year old has this ability - should an 8-year old be charged in the same way that an adult would be charged with a similar crime?
Juvenile justice is a serious matter. For more information about juvenile law, contact an attorney in your area.
Lindsey O'Neill is the Director of Legal Content and Strategic Development at LawInfo.com. Ms. O'Neill is a California licensed attorney based in La Jolla and experienced in a wide variety of legal and business matters.
Unquestionably a child this age should not be tried as an adult. Most children — and certainly a child of eight - lack the capacity to form the intent necessary to commit murder. Additionally, the US Supreme Court struck the juvenile death penalty for all juveniles who commit crimes under the age of 18 in 2005 in Roper v Simmons. Thompson v Oklahoma, which struck the juvenile death penalty for children under the age of 16, is no longer controlling.
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I think that if the child does an adult crime then they should be tried as an adult. The child should be placed in a youth prison until the age of adulthood. my brother did an adult crime at sixteen and he was sentenced as an adult. His sentence was 7 years for the same crime that his buddies did and they recieced on six months in boot camp. so it depends on how the judge feels that day
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I am in the middle of writing a research paper on this subject. I do not think an 8 year old child has the capacity to understand the magnitude of his actions, especially the horrific act of killing someone or in this case two people.
Is there a site I can go to, to gather more information?
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Nichole Reply:
April 6th, 2009 at 9:32 am
Hey im doing a research paper 0n this and i was wondering if you could help me mind if i read your paper?
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If that boy committed the crime than he should be convicted as a adult! In TEXAS its an eye for and eye! whats wrong with you ppl.. dont you see he will do it again…and again.. if its not taken care of now!!
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Danielle Reply:
December 16th, 2008 at 10:24 am
I think that this is going to be a hard decision to make. I think that it is natural for someone who is being abused to want to stop the abuser! I dont know if he intended to kill these men or just stop them. Most eight year olds I know dont think to far into the future, and act in the moment. I have a hard time believing this is premeditated. I think that he is a child and not an adult so he should be tried as a juvenile. Being held in a detention center until he is 18 or 21 would be a good start.
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Yembu71 Reply:
February 17th, 2009 at 1:02 pm
Marie,
Hmm, interesting fact that the level of crimes commited by Juveniles is increasing, and is much higher in this country than others. I am from Cameroon, serious crimes commited by children is exceptionally rare. Could it be something ADULTS are doing wrong? Something to think about before you throw the book at a seven year old, isn’t it? If we had any sense we would take care of the epidemic BEFORE it starts , HELP these children!
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james White Reply:
March 30th, 2009 at 5:46 am
i think you are crazy because what will happen to this 8 year old in jail?!?!? he won’t be able to survive in an adult prison
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Jess Reply:
April 20th, 2009 at 7:23 am
wow are you kidding me?? did you just say an 8 year old is gonna commit murder again? i have an 8 year old brother, they have no idea what they are doing or the consequence or seriousness. if you honestly think they should be tried as an adult you are heartless.
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i think that if he killed his father then there was a reason. hes only a child he should get a second chance.
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I belive befor you though the key away on our children who have gone bad, we need to listen to what they are saying when they talk, stop making our children grow up so fast… let them be kids…Do you remeber what it was like to be a kid??? These kids need help they need guidance remeber these children are going to be our future and the things that we do …Are the things that are going to shape their future…They needs us now not so much later remember we only have a couple of years to shape them….
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i think this kid should not be charged as an adult because at a young age it is not necessary for an 8 year old to be using guns……I understand he is from a family of hunters but just think would this have happened if the father had not taught his child to use guns?
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I have to write a paper in this subject and let me say that this is a very difficult subject from both
perspectives. I’ll keep you posted.
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kailee Reply:
April 30th, 2009 at 6:26 pm
I agree..I have to write a paper about it too !
It’s not an easy subject to touch on, its hard. What’s your opinion on it ?
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If someone, weather or not him/her is a child commits a crime they should be thrown in jail. The law is the law and if you break it you must deal with the consquences. If a 6 year old accidentally slips a lolipop into his/her pocket off to jail he/she should go!
Murder? Eye for an eye, death penalty.
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i believe that the 8 year old child should be placed in a juvenile detention center untill he has reached adulthood. if he is placed in a prison, he has no chance of surviving.
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