11-09-2009, 04:53 AM
Keep in mind that this is not a case of life without parole for stealing a snickers bar or a bit of vandalism. This is for particularly heinous crimes that required adult-level rage and adult level psycopathic tendencies. The concept, IMHO, of "Tender years" applies much less to these offenders.
However.... I hear regularly of young gang members being talked into committing murder primarily because their tender age gives them legal "protection". And the evil adults that pushed these children into doing these acts get away scot free.
Not to mention that the Miranda 'rights' are a bit easier to skate around when you're dealing with a juvenile offender...
So I'm of two minds about this. Personally I think that adult acts should gain adult punishments, with the provisio that the youth has an adult understanding of this or her acts and the situation they find themselves in. I do not encourage the SCOTUS to create a blanket 'tender years' band aid to what needs to be a case by case situation.
However.... I hear regularly of young gang members being talked into committing murder primarily because their tender age gives them legal "protection". And the evil adults that pushed these children into doing these acts get away scot free.
Not to mention that the Miranda 'rights' are a bit easier to skate around when you're dealing with a juvenile offender...
So I'm of two minds about this. Personally I think that adult acts should gain adult punishments, with the provisio that the youth has an adult understanding of this or her acts and the situation they find themselves in. I do not encourage the SCOTUS to create a blanket 'tender years' band aid to what needs to be a case by case situation.