Tuesday, September 2, 2014

Issue 409 When should a child be charged as an adult? September 2, 2014

So when should a child be charged as an adult for the commitance of a crime? Should we go based on age?  We currently do, but with certain exceptions.  Even then, there exceptions for those exceptions.  So let us discuss what would be the best way to determine when a child should be charged as an adult.

Age does not cut it:  To go by age is silly in my opinion for violent crimes.  My reasoning is that some crimes are more heinous than others.  Murder for one should not be lessened merely because an individual is under the age of 18.  Rape too will be devalued as a crime in my opinion if a 16 year old gets a lesser charge than an 18 year old for the same crime.  Therefore age should not be the distinguishing factor for criminal activities when it comes to physical assault, armed robbery, rape/child molesters, and murder and attempted murder.  These violent crimes should not know age as a criteria.  But some of you might be saying why?  How can we not use age for these violent crimes?  Yes I know some people are out there who think these children who have strayed from the right path deserve a chance because you feel they are victims too.  So age 13 and under as you really are not a child at age 13, but a young adult.  And thus as a young adult you will meet the full brunt of the law for committing such a violent act.

None violent Crimes:  In this case, age can be more of a criteria.  But this is due to better ways to punish petty theft, defacing public property, and similar non-violent, but victim creating crimes.  So age nine to 14 I would say the punishment should be community service.  In this case, the number of days doing the community service will be equal to the value it costs (using the minimum wage as the standard) to replace or fix the stolen/damaged property.  For those aged 15 to 17, it will depend on the judge if the young adult does community service, goes to jail, or is forced to work a part time job (or at their current employment) with all earnings being used to replace or fix the damaged or stolen items.  Is it harsh? Well yea, but how else are you going to teach these young adults to behave like what they are "young adults".


Conclusion:  So for violent crimes, age really should not be factored in.  In fact in Mexico, the cartels use children as hitmen as they are not tried as adults, and are released back into society faster.  We cannot let our emotions prevent us from meting out an appropriate punishment for committing a wrongful and even downright evil act.  The nonviolent crimes we have wiggle room, but that is only to a certain extent and it can in fact be applied to people age 18 and over too as an alternative to jail.  So it really comes down to differentiating violent from nonviolent crimes and then providing the appropriate repercussions.  This is my opinion on this issue and if I was in charge I would implement this idea.  But would you?  Would you do it the same way?  As always feel free to tell me what you think.  Hope you enjoyed the read and maybe got you thinking.

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