Children charged with murder… should they be tried as adults?

1279 days ago by Lindsey O'Neil, Esq.

99 comments

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.

lucy

i agree. “heartless” i wouldn’t consider myself that, but i wouldnt want my kids going to school with him. you never know if he will do it again. so i believe he should be punished.
mikey

how come the law does not abuse the 8 year old for his or her actions
Broadnax

No where did it say he was abused. I was aboused around the age 8 and watched my little sister get abused. im not out killing, im putting these type of people away.
Rehabilitation

“bite me”,,,Seriously? Are you 10 years old? How do you expect anyone to take your comments seriously when you make statements like that? If you are doing a research paper, along with learning proper speech, you might want to research the stages of growth for children, Piaget’s stages of child development would be a great beginning point. A child of 8 may now how to physically pick up the gun, point the gun, pull the trigger but they are not able to understand the ramifications of their actions at this age. Also, instead of totally blaming this poor child who must have gone through some traumatic circumstances that caused him to impulsively perform this horrible act, the questions really boil down to, where is the mother? what was done to this child to make him pick up the gun and defend himself? When you stated that “if they are old enough to be tought how to use a gun then I think they should be old enough to know that murder is bad”, you could not be further from understanding if you tried. Think about it, what EXACTLY was this child taught? You have no idea! So therefore do not be so quick to make harsh statements or punishment. He may have not been taught that murder was bad. To this point he has been taught to use this gun to KILL things. His father may have told him to use a gun to shoot things that are “bad” or “going to hurt you”. Consider those words and how they would impact an 8 year old, if his father was going to “hurt him” and his father was “bad”, then he is simply doing what he was taught! Does that mean he should be punished for killing his father, when his father taught him to do this? Where does the responsibility really lay?
Valerie

Thank you, that is so true, I feel that this child needs to be evaluated emotionally and mentally, evaluated/ questioned about what happened out there, and any witnesses should come forward that knows the family, the father, the man friend, all information is pertinent to this case and will shed some bigger light to the why of it all. Assuming is not even in my vocabulary and there is so much of it going on here. lets see what happens in the future on this case.
Lizzie

Yes, the security and state of mind of the victim(s) is important, but in a case like this, the age of the child should overrule the victim.
Lizzie

I think it is a step too far to think that the mother should be blamed or charged with any crime, and you are assuming the boy even has a mother. The article also did not say what kind of “abuse” the boy suffered, or if he definitely did suffer any form of abuse. I don’t think any minor should be tried as an adult, but let’s not jump to conclusions on this case because this article implies or the “police believe” certain things.
Lizzie

That is illogical. If we are only motivated by fear, than we are at risk for committing worse crimes.
LaVaughn

What if this was your child? What would you do then?
8 yrs old is too young for a child to be put in jail. The boy needs some help
Sh Gr

I am in an abnormal psychology class right now and from everything I’ve read and learned, this boy should NOT be tried as an adult. He’s most likely lived through an abusive childhood and more than anything needs therapy – someone to help him realize what he’s done and to cope with it. You say he will kill again – do you think that’s more likely if he’s thrown in jail or if he’s put through therapy? If society tries him as an adult and throws him in jail, we are doing no better raising our children than the adults in his life up until now. The child should be held responsible for his actions to a point, but the adults in his life also share some of that responsibility – especially if he reached out for help and received none. What he really needs is for his life to change for the better, not to continue down the path he’s been on.
and by the way, don’t try to put all of TEXAS on your side… I’m a TEXAN and I do NOT agree with you… just because the state laws may be strict and allow the death penalty, doesn’t mean you can use it to support your argument – I’m so sick of hearing people do that!
Sandra H.

I believe that the child should be charged as an adult because he knew what he was doing and the parents had taught him how to use guns and then had put a gun in the possesion of the child
alyssa

if he is put in juvy until he turns 18 he might grow up thinking he is a muderer en when he gets out he might go kill somone again
http://yahoo.com Ariel

Exactly!!!His father shouldn’t even be showing him how to use a gun!! If he killed his father on accident then OK, but do you think he killed the other guy on accident too?!?!
http://yahoo.com Ariel

I’m in the middle of a paper about if kids should be executed for murder, and I think that if they do it on purpose then they should even if they are for example 8yrs old. B
http://yahoo.com Ariel

I’m doing a paper on if kids should be executed for murder, and I think they should be IF they did it on purpose. But if they did it on accident then they should just be in juvie for a few years.
http://yahoo.com Ariel

Exactly!! Why is his dad even giving him and showing him how to use a gun.OK maybe he killed his dad on accident, but why did he kill the second guy? the first person might be an accident but do you really think the second is going to be an accident?!?!
titus

he should be tried. he knows exactly wat hes doin!!!!!!!
Kayla

How rude is that?? Bite me???
U have no heart. I agree that something should be done and the parents have some blame on this but lets not mix words people are not all perfect and im sure u r not alos. So lets get one thing rite the kid made a mistake and something should be done … right and “bite me ” isnt going to solve anything.
psessions

I agree that there MAY be some family issues in this childs background however you seem to be making a huge amount of assumptions to this effect without proof. It is always interesting to me that individuals jump to defend why a child should not be tried as an adult however where is everyone for kids with issues (if they have them) before the murder happens? Here is the bottom line even if tried as an adult they do no leave the juvenile housing and enter the adult prison system until they are between 18 and 21. People tend to show their concerns when it is too late. The recidivism rate for juvenile offenders that are kept in the juvenile system is comparable to the ones tried and punished as an adult. The justyce systems first priority is to keep the community safe above and beyond all. So for those that feel the need to jump on a band wagon they need to jump on the side of the victims family not rights for the perpetrator of the crime.
Rachel

This should be an “all or nothing” case. Children should always be charged as children or they should always be charged as adults; personally, I believe they should always be charged as children.

He should be put in a good juvenille detention facility and be given the support, therapy, and education that he needs. When he turns 18 his case should be put under review.

Has he adopted the rules the new adults in his life have given him? Has he shown good behavior? Do his therapists/psychologists believe he now understands that what he did was wrong? And is he “reformed”?

If the answers are “Yes” then he should be given a “probation.” He should be given every opportunity to be a positive, contributing member of adult society, but if as an adult he commits a crime, he should be treated as a repeated offender and his punishment should be to the maximum extent of the law.
Michael

I don’t care how old the child was. Murder is wrong.
Anybody who committs an act such as this should be tried as an adult. A Killer, is a killer, is a killer. Think about this: A 10 year old boy raped a woman and killed her, then threw her over a bridge. What message are we trying to send? That it’s okay for children to kill people, but not okay for adults to kill people. I know some people will use them not knowing as an excuse but that is no excuse.
http://lawinfo cheyenne

i think tht if the 8 year old boy did it on purpose than he should just go to juvie and than til he is old enough to go to prison
Harry

When an individual does an act of double murder – regardless of age – they should be kept away from society. While I don’t necessarily think that they should kept in an adult prison, I do believe that they should have to face the graveness of their crimes, and spend their time in a proper facility that can deal with children. Unfortunately such a thing does not exist. There is no transitory place for extremely young offenders.
http://google.com faris

get a life ROFLMAO
http://Nabil.com Nabil Douche

U guys are so stupid talking about the community
jennyfer

This 8 year old kid knew that by pulling the trigger infront of his dad will kill him.. tell me how this does not form intent? He is old enough to know right and wrong. He should spend the rest of his life in prison.
Amy

Any person who thinks an 8 year old child should be sent to adult prison for the rest of his life is heartless. The adult men will beat, rape, and probably kill him. If 8 year olds have the reasoning capabilities of adults, why don’t we let them drink, drive, vote, work, and live on their own? He doesn’t know how to plan out a murder, he’s in 3rd grade!

He must have either had a good reason to do it, like he was being abused by his father and did it in self defense, or he has a mental disorder and needs psychiatric help.

He should be sent to a juvienille facility to get therapy and treatment, then when he’s 18 years old his case should be up for review to see if he’s been successfully rehibilitated. If he has, he can be put on parole. If he hasn’t, he probably has serious mental issues and needs to be put in a mental hospital.
SSDD

Yes, because he knew it was wrong but did it anyway. Who knows what he’ll become when he is in his teenage years. Don’t give him that chance. [I know, this is an outdated article. Who cares? Not me..]
Rose

An 8 yr. old should not be tried as an adult. People that have not been through situations regarding stuff like this should not have a strong opinion towards it. I hope that you never go through anything similar,but if you do remember what you said and see if you finally open your eyes and have mercy.
sgt k

I really believe that if we as a society charge children as adults when they do something terrible then we should make it appropriate in every case…whether it is made a drug charge, murder, or rape…i think that if we are going to try them as adults then they should be treated as such. I beleive that the youngest case that i know of is 12 as being tied as an adult. if the courts see them as adults there when it is convient for them but then prosecute the parents for the actions of other children…it just makes no sense.
Tammy Krueger

The day that adults control their behavior, stop abusing, rapeing, molesting, murdering, it is impossible to excpect any different from our children. Every child and every situation is different. Locking people up, especially young children is not always the best answer. It is a whole different world behind those prison walls. In my opinion this boy was being abused in someway shape or form, physically, mentally, even both. There was a reason for his actions. Im not saying that makes his actions justifiable, it does however make his actions understandable. Charging the boy as an adult is not going to do this boy any good. Getting this boy help in a juvenile facility will help. My god our justice system gives adult sex offenders chance after chance after chance until they do kill someone, by then its too late. If we can’t give children a chance what hope of making life better can we have?
APatel

I know this is an old article, but I came across it as I was searching for paper topics. This is what I think: Even adults with mental problems are let off when they commit a crime, but this child, whose brain isn’t even completely developed, therefore hindering his ability to make decisions and knowing the consequences of such decisions (…who may even have taken this decision because he MIGHT have been abused by adults), should be sent to jail? Do some of you even know what you’re playing with? This is a child’s life! Even adults are sent to mental facilities for committing a crime because of mental problems, why should this child have to go to jail?!
http://lawinfo.com Deana Rodriguez

i dont think kids should be tried as adults wen as teenagers they camnt even drive until the age of 16 and yes punishing them will help them lean but sentensing the, to life and prison is harsh.
Nate

i dont think he should be tried as an adult cause he can barley understand what hes is really doing
Bri

If he’s old enough to kill two people then he’s old enough to be tried as an adult. I certainly wouldn’t want this psycho brat in my community. If he does this when he’s 8 just imagine what he’ll being doing when he’s older. Seriously, this country is too damn soft.
jayjay

you cant even spell correctly . your opinion does not matter and even if it did you’d be wrong. if a child has enough knowledge to load a gun and pull the trigger he has the knowledge to understand exactly what hes doing therefor yes ! charge him as an adult, there is no excuse for murder regardless the age .
sash

no i dont think the child is to be tried as an adult, yes he knew how to load the gun and pull the trigger because he learned how to do it so thats not a valid refutation. And yes he knew he was killing someone but a 8 year old child lacks ability to reason and reasoning is a skill i might note. Kids act on impulse and have wild and unrealistic imaginations, they dnt understand the extent and complexity of murder, they just know that i am tired of this man hurting me so i have to kill him so he’ll stop, kids are so naive that after they kill their parents they start worrying if their dead dad or mom is gonna be mad at them.
.
sash

some kids are that naive not all
rob

i think its the dads fault because if he would of never showed him how to use the gun he would steel be there for his kid and he wouldn’t be in jail for something his dad caused
tesha

i think the should not be charged with a sentencing because they are just kids && i think they should have a age range though.
Pete

Kids who are taught to use a gun know never to point a gun at something you dont intend to kill and yes it probably was the fathers fault but that means you tell another adult you dont blow your fathers brains out regardless of what he does he is still your father
Kalli_jo8

he shouldnt be tried as an adult he was three he probably didnt understand that the gun would take his father away permittly they should help him not convict him at such a young age
Lamandabailey

I think you are a little harsh because you may not be looking at the whole picture of what may be going on with this little boy.
http://www.facebook.com/profile.php?id=746664232 Sono Lovus

A child doesn’t understand as much as you want to believe. There is no excuse for narrow judgement. We don’t allow children or young-adults to drink, drive and make conscious household decisions because they can’t reason too well. 18-yr old’s can’t even manage credit cards! In fact, we can teach a child that a stove is hot and it wouldn’t make sense to them until they get burned. We teach children to follow our guidance, but at certain ages they can’t comprehend the complexity of the situations. Not every child has been raised in the same type of environment. Not every child gets the great parenting people need to be productive and challenging in this life. Mood: Disgusted.
Dean Gibson

These people like bre have the same small minded ideas most crazy gun wielding amaricans have. You put the guns in kids hands you take responsibility.
Anna_vantiem

I’m doing a school project and im saying they should and they shouldn’t be tried as an adult. When you get older you should know better than that. Or even maybe his parents didn’t treat him well.
niggah`chu

thats terrible
WREGdrg

if i was that boy and it was an accident i would hate to be i his situation and i feel really bad for year old was tried as an adult do you know what they will do to him in prison you are sick if you think this kid should get butt raped daily even juvenile until 18 is harsh do you realize those are the last 10 years of his child hood that he can never ever get back this boy acted under fear and emotion he was hurt and sad if you will for lack of a better word i know his thoughts were why would my dad hurt me doesnt he love me hes not supposed to abuse me i know what ill do ill hurt him back key word hurt him back he wasnt under the year old was tried as an adult do you know what they will do to him in prison you are sick if you think this kid should get butt raped daily even juvenile until 18 is harsh do you realize those are the last 10 years of his child hood that he can never ever get back this boy acted under fear and emotion he was hurt and sad if you will for lack of a better word i know his thoughts were why would my dad hurt me doesnt he love me hes not supposed to abuse me i know what ill do ill hurt him back key word hurt him back he wasnt under the year old was tried as an adult do you know what they will do to him in prison you are sick if you think this kid should get butt raped daily even juvenile until 18 is harsh do you realize those are the last 10 years of his child hood that he can never ever get back this boy acted under fear and emotion he was hurt and sad if you will for lack of a better word i know his thoughts were why would my dad hurt me doesnt he love me hes not supposed to abuse me i know what ill do ill hurt him back key word hurt him back he wasnt under the year old was tried as an adult do you know what they will do to him in prison you are sick if you think this kid should get butt raped daily even juvenile until 18 is harsh do you realize those are the last 10 years of his child hood that he can never ever get back this boy acted under fear and emotion he was hurt and sad if you will for lack of a better word i know his thoughts were why would my dad hurt me doesnt he love me hes not supposed to abuse me i know what ill do ill hurt him back key word hurt him back he wasnt under the year old was tried as an adult do you know what they will do to him in prison you are sick if you think this kid should get butt raped daily even juvenile until 18 is harsh do you realize those are the last 10 years of his child hood that he can never ever get back this boy acted under fear and emotion he was hurt and sad if you will for lack of a better word i know his thoughts were why would my dad hurt me doesnt he love me hes not supposed to abuse me i know what ill do ill hurt him back key word hurt him back he wasnt under the year old was tried as an adult do you know what they will do to him in prison you are sick if you think this kid should get butt raped daily even juvenile until 18 is harsh do you realize those are the last 10 years of his child hood that he can never ever get back this boy acted under fear and emotion he was hurt and sad if you will for lack of a better word i know his thoughts were why would my dad hurt me doesnt he love me hes not supposed to abuse me i know what ill do ill hurt him back key word hurt him back he wasnt under the im
Blockale77

Quit spamming.

Children charged with murder… should they be tried as adults?

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