LogFAQs > #929841931

EvenSpoonier posted...

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.

I look at the situation in this way:
I have two older brothers only a few years older than me (similar to how this kid is 13 and his brother is 19). Even at age 13, if one of my older brothers said "Hey, let's invade the house belonging to these two guys with guns and let's SHOOT them / MURDER them so we can steal their drugs!!" I would know full damn well, even at age 13, that taking a gun and legit murdering two other individuals is a horrendous, evil thing to do and I should not do it... and this is coming from someone who had an older brother who did some horrible things to others.
This kid escaped even with shackles around his legs. That alone tells you he knows he fucked up and wanted to literally run away from his punishment.
This kid should get mental help, but he sure as hell should NOT be free before he turns 18 (which, according to the second article, is what will happen if he is tried and convicted as a juvenile... he will be free before he turns 18). As far as I'm concerned, he should be tried as an adult and stay in a mental health facility for the rest of his life and not be allowed out of it.