12-Year-Old Boy - Tried as an Adult?

[CurveLight]

There are cases (court cases) which is hard to fit in any category. There was a case here where two 16 year old plotted and killed a third one. The motive was really imature, the execution of the murder was caothic and they had no (good) plan of how to get away with it. But the complete picture anyway exposed an overall adult behaviour. They were sentenced to a juvenile institution and the public reaction in many cases was that it was wrong. So in a way, I agree. Age alone might be a bad marker. But still, there is a concept of age and we use it to define a persons rights and obligations. I don't think the definition is easy, even if a 12 year old boy - no matter the crime - can be seen as an adult in my eyes.

What do you think, could another system fill the gap? Both regarding "age" and the type of crime comitted? I can imagine this court coming in to play even regarding adults comitting crimes, where there is no other suitable way to find justice?

Then there are other aspects of children comitting crimes, but that is perhaps an issue for another thread.

My idea of a system would be to remove sentencing restrictions imposed on juvenile trials. This would save a LOT of time and money because lawyers would not need to fight for trials to happen in one venue or the other. To be safe about protecting minors they should keep the parent guidelines in place. If a minor receives a sentence carried past their 18th birthday then transfer them from a juvenile to state prison.

That could work... regarding minors there should also be a strive to move from punishment towards rehabilitation. Perhaps the sentence restrictions and yes, what you describe: a trial before the trail could be avoided. Some times the "time served" feels less important than the actual trail (making a young person aware of how society works) and som times the opposite.

Are there alternative punishments in the U.S. to the classic prison? Like open facilities where you can still work as normal? Or electronic tracking devices you should wear for a certain time?

There are ankle bracelets, parole, etc but the major problem is the system is designed grow its population rather than reduce it. Last I checked the US had by far the highest rate of imprisonment of any industrialized nation in the world. Recidivism is high because there is so little optimism for recovery due to a multitude of factors from lack of a support network to being rejected for jobs based on a criminal record. The prisons are extremely crowded. A while back MA state prisons were so overcrowded it made a quiet deal with Texas to house them. Other states have done it too. Look at this 14 year old article:
Texas Caters to a Demand Around U.S. for Jail Cells - NYTimes.com

 

[ErikViking]

My idea of a system would be to remove sentencing restrictions imposed on juvenile trials. This would save a LOT of time and money because lawyers would not need to fight for trials to happen in one venue or the other. To be safe about protecting minors they should keep the parent guidelines in place. If a minor receives a sentence carried past their 18th birthday then transfer them from a juvenile to state prison.

That could work... regarding minors there should also be a strive to move from punishment towards rehabilitation. Perhaps the sentence restrictions and yes, what you describe: a trial before the trail could be avoided. Some times the "time served" feels less important than the actual trail (making a young person aware of how society works) and som times the opposite.

Are there alternative punishments in the U.S. to the classic prison? Like open facilities where you can still work as normal? Or electronic tracking devices you should wear for a certain time?

There are ankle bracelets, parole, etc but the major problem is the system is designed grow its population rather than reduce it. Last I checked the US had by far the highest rate of imprisonment of any industrialized nation in the world. Recidivism is high because there is so little optimism for recovery due to a multitude of factors from lack of a support network to being rejected for jobs based on a criminal record. The prisons are extremely crowded. A while back MA state prisons were so overcrowded it made a quiet deal with Texas to house them. Other states have done it too. Look at this 14 year old article:
Texas Caters to a Demand Around U.S. for Jail Cells - NYTimes.com

I think most western countries face this problem in one way or another. But I think crimes that do not harm any specific individual could have a punishment where the strain on the system is reduced. The governt need not to seek revenge. But then again, that might produce the effect of criminals feel encouraged to continue.