LogFAQs > #929840356

Based solely on the case before him, no. That would be inconsistent with presumption of innocence. The fact that his adult brother is also being charged is another point against charging the kid as an adult: the dynamics here were obviously not those of an equal adult partnership.

However, those are only the points against. It sounds like there may also be points for. He has indeed been in constant trouble with the law: he isn't a stranger to the concept of crime, or to violence. It sounds like he may very well have needed help, but at this point that's going to have to be for a court psychologist to decide, whether they try him as a child or as an adult. He also tried to escape, when the others held with him apparently did not: another indication that he knew what he did and how serious it was. Is thie compelling enough to override my points against? I don't know. But it could be. And so, I struggle.

I do think people are over-focused on the actual crime itself. Bringing that into the decision is uncomfortably close to prejudging the case. I'm also not sure it's necessary to reach a conclusion either way.
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