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http://news.yahoo.com/s/ap/20070809/ap_on_re_us/schoolyard_killings

Because the perp is a juvenile, his record will not become public record, despite the fact that he is a hardened criminal already.

The Supreme Court has already outlawed the death penalty for people under 18 (The DC Sniper case)

2007-08-09 03:44:21 · 5 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

5 answers

He has the capacity to be charged as an adult. Frankly, I hope he does and is put in jail for the rest of his life.

2007-08-09 03:54:46 · answer #1 · answered by Kevy 7 · 0 0

Being tried as a juvenile or adult is NOT just about age at the time the crime was committed. Many jurisdictions have conditions that persons under the age of 18 can be tried as adults and therefore, if convicted, have an adult criminal record that will follow them throughout their lives.

BTW, the SCOTUS decision about the death penalty for juveniles was NOT based on the DC sniper case. It was Roper v. Simmons, No. 03-633, by a vote of 5-4, the U.S. Supreme Court on March 1, 2005 held that the Eighth and Fourteenth Amendments forbid the execution of offenders who were under the age of 18 when their crimes were committed.

2007-08-09 11:33:38 · answer #2 · answered by jurydoc 7 · 0 0

Actually, the Supreme Court decided that the death penalty for juveniles was unconstitutional before the DC sniper case.
The decision of the Court in this case (Roper vs. Simmons) is worth looking at. http://www.deathpenaltyinfo.org/article.php?did=205&scid=27
has a summary of the reasoning of the Supreme Court.
Here is a quote from the decision:
"When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity."

2007-08-09 12:13:33 · answer #3 · answered by Susan S 7 · 0 0

In many states juv can be charged as an adult. I am an attorney in KS and we have this rule. However, there are many juvs out there that as you said are hardened criminals by the time they are 13. Unless society is ready to confer all constitutional rights (in a criminal proceeding) to minors, then no we need the special laws.

It is true that in most states juvs criminal record is closed to the public. However in many states (like KS) those priors are used against the defendant if he or she is found guilty for the purpose of a longer sentence. So it isn't that you get a clean slate, you just are allowed to put your mistakes as a minor behind you when you are legally an adult. I know there are juvs out there that are as bad as anyone, but we should not fix the system to punish them when they are only a small minority of juv offenders.

2007-08-09 11:01:08 · answer #4 · answered by hensleyclaw 5 · 1 0

Reform and more reform................

I had trouble with my daughter. At the age of 15 was sneaking out of the house, having sex, going where she shouldn't go, and just being a little turd. It went on and I ran out of choices for her. Even though she hit me and I called the police they did nothing. I needed to show signs of a fight, needed blood I guess, anyway, she went on to through her fits of rage and broke many ideas in our house. At this point I had already sent her twice to a Behavioral center 45 miles away for five weeks. I did this twice, even made it worst. Then after talking with Youth services that could only recommend counseling, I felt totally lost and helpless. At this point I wish they had a law regarding - Parential Abuse. But, there is no such law in my state. I looked on the internet for boot camps and found one in Lufkin, Texas. Wilderness style. I knew the milatary style would not work for her. She needed to be stripped of everything and that bootcamp saved her life. If she needed to go poop, she had to dig a hole and then cover it up. Slept outside for six nights a week through rain and all. Hiked two to five miles a day. Had to cook their own food and clean up. IT was very hardcore, but not in the sense of hurting her. Yes, her feelings were hurt. But, she came home a totally new person. With all the talk about boot camps and that one child died, I was very leary about the whole thing. But, this particular boot camp, gave me names of parents that I could call that had sent their child there and with there permission I could speak with the kids. So, I knew what was going on every step of the way. The cost was 445.00 per day. Isn't a type o. In total, 23,000.00 is what it cost my family to get her straightened out. But, there has to be a better way or less expensive route. Laws need to be revised in each state and perhaps Fed., laws too. You love your child with all your might and do what you think is best for them. They can kick you and throw things at you and the minute you are about to just whip their butt, comes out ------- I'll call DHS and CPS (child protective services) they know what we can and can not do. It's sad, and scarey, because these kids are going to be running this country and lord help us all when that happens.

2007-08-09 12:51:16 · answer #5 · answered by docie555@yahoo.com 5 · 0 0

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