How young is too young to charge a child with murder

[farmerlor]

Quote:
Well, unless you're in Texas and we send 'em to the chair there even if they are developmentally incapable of forming intent.

 

[Rare Feathers Farm]

Without reading the rest of the thread--there probably is not capacity at 5 years old. Generally, unless it's really cut/dry and the kid passes the screening by the police & prosecutor, 12 years old is the magic number for capacity. It varies state by state, I think? But I know here, it's 12 years old.

 

[TiaView]

This question wouldn't even need to be asked if there was someone watching a 5 YEAR OLD AND A TODDLER!!! I can't understand it.

 

[chickened]

I wonder if the child understands the legal system that it is being tried under? probably not I would question the actions of the D.A. there are some dandy ones out there.

 

[welsummerchicks]

farmerlor, the state of Texas is not 100% free to do as it likes in that sort of situation. Cases can be appealed to a higher court. They often are, but the media rarely reports on that. They get more mileage out of not doing so.

In general, the idea of the death penalty for the mentally impaired is poorly supported by the United States.

As an example, Andrea Yates not only did not get the death penalty, much of the judgement against her was amended on appeal. She'll still likely be confined for a very long time.

 

[ChickenAlgebra]

Got me. My kids at 5 get life and death. But they also aren't watching younger siblings. However, Steph was the only one in her class who understood what death really was. She got in trouble for saying roadkill was dead, not sleeping to a kid.

 

[LeafZoo]

I think it depends on the child. This does seem fishy to me, and might end up being a cover-up because the parent knows that a 5 year old wouldn't get the same punishment as an adult, or even the 12? year old.

But yes, like a few others in this thread, I absolutely knew what I was doing at 5 regarding death for humans and pets. Now, 37 years later, children are maturing at a faster rate. So I completely believe it's possible that the child knew exactly what drowning the toddler would do.

For those who like to research, there's a private hospital near Chicago - or was - that had two doctors performing hair testing studies on serial killers and applying it to sociopathic or out of control children. It was found that in many cases, all it took was a personalized supplement regimen of the exact minerals (and maybe vitamins, too) that the child was lacking to change the child's behavior in a positive way. Even minute amounts made a difference. They also studied various known serial killer's hair and found that each was different, but if memory serves me, they all had either a zinc or niacin deficiency. (Forgive my lack of details. This was on Maury Povich probably 15+ years ago.) I don't know if it were the same people, but there also was a study done linking hypersensitivity to mercury with causing just enough brain damage to change the behavior of the child to be more violence-prone.

Anyway, everyone is entitled to their own opinions. I hope that those who don't believe a 5 year old could do something like kill a toddler will keep an open mind. Check out CrimeLibrary.com for many case examples; although, I think the youngest case I remember was a 6 year old. It's a sad subject.

 

[MuscoviesBeta]

The kid probably wanted to shut his little brother up and did not realize that he killed him, he is only five after all, when I was five I killed my goldfish because I misinterpreted dead things "going to a better place"!

 

[CoyoteMagic]

I had a student that tossed his cousin down a well at the age of 7. He stood there and laughed as the kid of 8 drown. When the grandmother came over to find out what was going on, he laughed and told her, "I killed him". He wasn't institutionalized but put in group home after group home even after trying to kill other children. At school he had to be 1-on-1 with an assistant. He could not go to the restroom by himself out of fear her may try to harm someone else. By the time I met him he was 12. His family wanted nothing to do with him.

Sociopaths are interested only in their personal needs and desires, without concern for the effects of their behavior on others. They have no consious. They will continue on like this unless they are in a controlled environment.

World Health (WHO) it as Antisocial disorder. It is characterized by at least 3 of the following:
1.Callous unconcern for the feelings of others and lack of the capacity for empathy.
2.Gross and persistent attitude of irresponsibility and disregard for social norms, rules, and obligations.
3.Incapacity to maintain enduring relationships.
4.Very low tolerance to frustration and a low threshold for discharge of aggression, including violence.
5.Incapacity to experience guilt and to profit from experience, particularly punishment.
6.Markedly prone to blame others or to offer plausible rationalizations for the behavior bringing the subject into conflict.
7.Persistent irritability.


Think Criminally Insane.

 

[desertdarlene]

It's a tough call. I know that even little children have a capacity for cruelty to others, especially other children and pets. But, I honestly don't think they really have an idea of what they're doing and why it is truly wrong. And, even if they did, they often do things on impulse and without thinking or knowing the reason for their behavior.

But, I do think that something needs to be done about this child so that it won't grow up and continue this behavior. I'm also wondering about the parents in this case leaving their baby with their 5 year old. I know that in some people's cultures, it's very common to leave babies or young toddlers with their older children who might only be 5 or 6 years old.