12-year-old could face life in prison for slaying

Started by jimmy olsen, August 20, 2009, 10:01:46 AM

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Admiral Yi


Zanza

I think there should not be any discretion for the judge or prosecutor whether a  twelve year old falls under juvenile jurisdiction or not. That makes special juvenile jurisdiction pointless.

jimmy olsen

Quote from: Admiral Yi on August 20, 2009, 11:08:12 AM
PDH lit Timmy up but he broke the ROE.
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It is far better for the truth to tear my flesh to pieces, then for my soul to wander through darkness in eternal damnation.

Jet: So what kind of woman is she? What's Julia like?
Faye: Ordinary. The kind of beautiful, dangerous ordinary that you just can't leave alone.
Jet: I see.
Faye: Like an angel from the underworld. Or a devil from Paradise.
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PDH

I am the Siege of posts, no ROE for me.  Tim is the corpse of the palestinian to be thrown down the well.
I have come to believe that the whole world is an enigma, a harmless enigma that is made terrible by our own mad attempt to interpret it as though it had an underlying truth.
-Umberto Eco

-------
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Barrister

Quote from: HVC on August 20, 2009, 10:08:36 AM
If at 12 he's shooting someone to death in a robbery he's past the point of no return. Keep him locked up. OR give him the french treatment and cut off his pointer fingers so he can't shoot a gun again.

To say that someone at the age of TWELVE is beyond the point of no return is absolute foolishness.  It is not based on any kind of experience or evidence.   The Brain is just barely beginning puberty at that point, and has an enormous amount of developing and maturing to do.

That being said I am also opposed to the idea of automatically excluding the possibility of parole for someone for their entire life.  What is the purpose of that?  It also helps to manage inmates to give them some kind of hope, some kind of goal to work towards (even if it is 25 years out).  If an inmate has zero hope they are going to become the absolute worst kind of prisoner, and human being, imaginable.
Posts here are my own private opinions.  I do not speak for my employer.

Barrister

Quote from: Zanza on August 20, 2009, 11:24:31 AM
I think there should not be any discretion for the judge or prosecutor whether a  twelve year old falls under juvenile jurisdiction or not. That makes special juvenile jurisdiction pointless.

Look at the section again:

QuoteHe is too young to be charged as an adult under Michigan law, but the prosecutor's office filed the case with an adult designation. That means the judge can choose to impose an adult sentence. For felony murder, that would be mandatory life in prison without possibility of parole.

So in order to receive an adult sentence the prosecutor must first ask for it, then the judge can choose to impose it.  There's nothing mandatory about it, from either the prosecution or the judge.

I think it is silly to not allow the possibility of an adult sentence depending on the circumstances of a case.
Posts here are my own private opinions.  I do not speak for my employer.

Ed Anger

Quote from: PDH on August 20, 2009, 11:47:44 AM
I am the Siege of posts, no ROE for me.  Tim is the corpse of the palestinian to be thrown down the well.

I'm the goddamn Batman.
Stay Alive...Let the Man Drive

DGuller

Quote from: Barrister on August 20, 2009, 12:06:34 PM
To say that someone at the age of TWELVE is beyond the point of no return is absolute foolishness.  It is not based on any kind of experience or evidence.   The Brain is just barely beginning puberty at that point, and has an enormous amount of developing and maturing to do.
Yeah, but it's not developing out of thin air, that brain development is based on what's already there.  What's already there was OK with robbing someone at gunpoint and shooting them.

Josquius

#23
You're old enough to do the crime you're old enough to do the time.
The only difference I'd make is there been far far more of an emphasis on rehabilitation and easier appeals.
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Zanza

Quote from: Barrister on August 20, 2009, 12:08:29 PMSo in order to receive an adult sentence the prosecutor must first ask for it, then the judge can choose to impose it.  There's nothing mandatory about it, from either the prosecution or the judge.
Yes. That's what I meant with discretion. I would make it mandatory that juvenile jurisdiction must be used.

QuoteI think it is silly to not allow the possibility of an adult sentence depending on the circumstances of a case.
I think it should not be allowed, no matter the circumstances.

Zanza

By the way, in Euroweenie-Germany, you can only be tried for a crime starting at age 14. A twelve year old killing someone here would probably just get a lot of counciling from family services and psychiatrists.

DGuller

Quote from: Zanza on August 20, 2009, 01:01:12 PM
By the way, in Euroweenie-Germany, you can only be tried for a crime starting at age 14. A twelve year old killing someone here would probably just get a lot of counciling from family services and psychiatrists.
What if you're a 12-year old who's a mass murder, and you make it clear that you'll continue murdering between the counseling sessions?  Are you given a free reign until your 14th birthday?

Valmy

Quote from: Zanza on August 20, 2009, 01:01:12 PM
By the way, in Euroweenie-Germany, you can only be tried for a crime starting at age 14. A twelve year old killing someone here would probably just get a lot of counciling from family services and psychiatrists.

So the family of the victim has to sit there and watch as the murderer gets counciling and services?

Wow that is viciously cruel.
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Zanza

Quote from: DGuller on August 20, 2009, 01:07:19 PMWhat if you're a 12-year old who's a mass murder, and you make it clear that you'll continue murdering between the counseling sessions?  Are you given a free reign until your 14th birthday?
I guess they would lock such a twelve year old mass murderer up in a psychiatric ward for minors, but they would not try him for a crime or put him in prison. And as soon as the doctors say he's an alright chap, he's out of psychiatry again.

Admiral Yi

Are there a lot of 13 year old drug salesmen in Germany?