You better do your killin' when you're still young!
"Tried as an adult?" why not tried as a human?
I have heard a certain level of uproar at different times about a minor being "tried as an adult". It is my belief that the legal system should make no differentiations in laws regarding a criminal's age. We send the message that if you are going to commit a crime it is best to do so before you reach the age of majority. Now, before the hate mail rolls in, allow me to explain. While you are reading below be sure to recognize the jury's ability to weigh the facts of the crime, the facts about the victim and the facts regarding the criminal. This is key to understanding.
When does one go from being a child to being an adult? 18? That is the legal definition of what constitutes the "age of majority". If we are to draw that line in the sand then tell me how different is a murder committed by a kid who turns 18 tomorrow and one committed by a kid who turned 18 yesterday? The fact is, regardless of age, wrong is wrong. Currently, being tried as an adult and being tried as a child are almost no different. It is the punishment phase that is different. There should not be a standard set forth for one to be tried and punished as an adult. There should only be a trial and a punishment, age indiscriminant. That is why we have jury trials and not punishment without due process. These situations are handled on a case by case basis and not on a cookie cutter approach. It is up to the jury to determine what the punishment should be. It is not for us to determine that a child’s punishment should be less severe after a trial because of his/her age, when the jury knows the details of the case. If the minimum is 1 year and the maximum is 100 years, the jury has the option to decide if the "child" deserves the minimum, the maximum, or somewhere in-between. It is the jury’s option because they have the facts.
I do concede that children should not always be jailed with "adults". A child with a gun in the streets makes a decision but that same child behind bars in general population is a sitting duck. Then again so might have been their victim.
I have heard a certain level of uproar at different times about a minor being "tried as an adult". It is my belief that the legal system should make no differentiations in laws regarding a criminal's age. We send the message that if you are going to commit a crime it is best to do so before you reach the age of majority. Now, before the hate mail rolls in, allow me to explain. While you are reading below be sure to recognize the jury's ability to weigh the facts of the crime, the facts about the victim and the facts regarding the criminal. This is key to understanding.
When does one go from being a child to being an adult? 18? That is the legal definition of what constitutes the "age of majority". If we are to draw that line in the sand then tell me how different is a murder committed by a kid who turns 18 tomorrow and one committed by a kid who turned 18 yesterday? The fact is, regardless of age, wrong is wrong. Currently, being tried as an adult and being tried as a child are almost no different. It is the punishment phase that is different. There should not be a standard set forth for one to be tried and punished as an adult. There should only be a trial and a punishment, age indiscriminant. That is why we have jury trials and not punishment without due process. These situations are handled on a case by case basis and not on a cookie cutter approach. It is up to the jury to determine what the punishment should be. It is not for us to determine that a child’s punishment should be less severe after a trial because of his/her age, when the jury knows the details of the case. If the minimum is 1 year and the maximum is 100 years, the jury has the option to decide if the "child" deserves the minimum, the maximum, or somewhere in-between. It is the jury’s option because they have the facts.
I do concede that children should not always be jailed with "adults". A child with a gun in the streets makes a decision but that same child behind bars in general population is a sitting duck. Then again so might have been their victim.
posted by Christopher at 11:53 PM
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