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Old 03-29-2013, 03:24 PM   #1
WDWJDS
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How can a 15 year old be charged as an adult for murder......

but a 15 year old is considered still a child when it comes to having a sexual relationship with someone over 18.

Ok, I know that was random, but the thread about the kid that shot the baby started me thinking.

I'm not advocating that teens have sex, but why is it that when one does have sex, especially with someone over 18, statutory rape comes into play because that teen is just a "child".

At 15, you're an adult if you kill someone, but a child if you have sex with someone?
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Old 03-29-2013, 03:29 PM   #2
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Originally Posted by WDWJDS View Post
but a 15 year old is considered still a child when it comes to having a sexual relationship with someone over 18.

Ok, I know that was random, but the thread about the kid that shot the baby started me thinking.

I'm not advocating that teens have sex, but why is it that when one does have sex, especially with someone over 18, statutory rape comes into play because that teen is just a "child".

At 15, you're an adult if you kill someone, but a child if you have sex with someone?
That is an interesting thought that I have never considered! I do not agree with the 18 year old having consensual sex with a 15 year being considered rape. Seriously 15 year old girls know what they are doing I know I did when I was that age almost 20 years ago and I have no doubt 15 year old girls today are naive to their actions.
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Old 03-29-2013, 03:30 PM   #3
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Originally Posted by donaldlovesdaisy

That is an interesting thought that I have never considered! I do not agree with the 18 year old having consensual sex with a 15 year being considered rape. Seriously 15 year old girls know what they are doing I know I did when I was that age almost 20 years ago and I have no doubt 15 year old girls today are naive to their actions.
Totally agree with this and the OP.
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Old 03-29-2013, 03:51 PM   #4
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All but five states allow children of any age charged with murder to be tried as adults. The death penalty generally isn't an option — at least not for defendants under the age of 16; The U. S. Supreme Court has ruled capital punishment unconstitutional for anyone who hasn't celebrated their 16th birthday. Some states, however, will consider 16- and 17-year-olds for the death penalty.

Read more: http://www.time.com/time/nation/arti...#ixzz2OxaWwdQX

Working in a Juvenile Court alot of these children who do commit murder have been through the system. Sad but true. I agree with all of you about the statutory rape issue.
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Old 03-29-2013, 03:58 PM   #5
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Because people are illogical and want blood after a horrific crime. They base how to charge a child on the severity of the crime rather than the age of the child (makes absolutely no sense to me.)
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Old 03-29-2013, 04:07 PM   #6
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Originally Posted by WDWJDS View Post
but a 15 year old is considered still a child when it comes to having a sexual relationship with someone over 18.
Age of consent in Hawaii and Idaho is 14, so for purposes of sexual relationships, they are considered an adult.
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Old 03-29-2013, 04:11 PM   #7
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I always thought it was BECAUSE a person of the ages of 15-17 were aware of laws and crimes. And of course, an 18 year-old knows they are not to have sex with someone under age.


Both are illegal, but the severity of murder is much more of that than having sex with your 18 year-old boyfriend. When you are 16, you know it is illegal to murder someone and the punishment should fit the crime, ergo, charge them as an adult.

I suppose if we wanted to, we could arrange for laws that would lower the age of consent to 15.
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Old 03-29-2013, 04:38 PM   #8
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Because people are illogical and want blood after a horrific crime. They base how to charge a child on the severity of the crime rather than the age of the child (makes absolutely no sense to me.)
Anyone over the age of 12 should have a very good understanding of murder being wrong and what the consequences are for those who participate in the act unless there is some sort of mental issue causing them to not understand the difference between right and wrong. I have no problem with a mentally sound individual over the age of 12 being dealt with as an adult especially since the death penalty would not be an option as punishment.
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Old 03-29-2013, 04:49 PM   #9
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Originally Posted by donaldlovesdaisy View Post
Anyone over the age of 12 should have a very good understanding of murder being wrong and what the consequences are for those who participate in the act unless there is some sort of mental issue causing them to not understand the difference between right and wrong. I have no problem with a mentally sound individual over the age of 12 being dealt with as an adult especially since the death penalty would not be an option as punishment.
I agree. Also when a child is charged with Murder they dont autimatically get tried as an adult. A prosecutor can file for it as they do with most felonies of the first degree but dont always get it. A judge makes that determination. I have seen cases where the child has committed murder and was not bound over to the adult court for various reasons.
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Old 03-29-2013, 09:19 PM   #10
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Originally Posted by donaldlovesdaisy View Post
Anyone over the age of 12 should have a very good understanding of murder being wrong and what the consequences are for those who participate in the act unless there is some sort of mental issue causing them to not understand the difference between right and wrong. I have no problem with a mentally sound individual over the age of 12 being dealt with as an adult especially since the death penalty would not be an option as punishment.
Most teens may know right from wrong, but executive functions and skills like impulse control are not fully formed until the early 20's. The reason teens often have stupid, risky behavior compared to adults is that their frontal lobes aren't fully developed.
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Old 03-29-2013, 09:33 PM   #11
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Quote:
Anyone over the age of 12 should have a very good understanding of murder being wrong and what the consequences are for those who participate in the act unless there is some sort of mental issue causing them to not understand the difference between right and wrong. I have no problem with a mentally sound individual over the age of 12 being dealt with as an adult especially since the death penalty would not be an option as punishment.
The law declares that a 12 year old cannot completely think things through and understand the gravity and implications of consenting to sex, entering into contracts, drinking, smoking, voting, emancipating himself from his parents or in my state even being left alone at home. The list can go on and on but I'll stop there. And yet at the same time, the kid supposedly can work all that through for murder? That's a completely untenable position logically. The determination of adulthood doesn't change because one person commits crime x and another commits crime Y.
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Old 03-30-2013, 08:42 AM   #12
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Most teens may know right from wrong, but executive functions and skills like impulse control are not fully formed until the early 20's. The reason teens often have stupid, risky behavior compared to adults is that their frontal lobes aren't fully developed.
Ah yes, the frontal lobe argument. Sure, it may not be fully developed - but can anyone say a 18 year old does not know murder is wrong??

What do you suggest - charging 21 year olds as minors?
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Old 03-30-2013, 08:49 AM   #13
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Most teens may know right from wrong, but executive functions and skills like impulse control are not fully formed until the early 20's. The reason teens often have stupid, risky behavior compared to adults is that their frontal lobes aren't fully developed.
Thug teen- "I'm sorry I murdered someone, I know it was wrong and totally against the law, but my frontal lobe isn't fully developed and I cant control my impulses. I swear killing that innocent baby had nothing to do with the fact that I'm a low life monster, its all because of my under developed frontal lobe. Don't worry, when I turn 20, it will be fully developed and I'll be able to control myself better"

BS, if a 15 year old is capable of understanding that murder is wrong, and knows that it is against the law and one will be punished for it, then their treatment shouldn't be any different than anyone with a fully developed frontal lobe that knows the same thing.
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Old 03-30-2013, 08:53 AM   #14
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Thug teen- "I'm sorry I murdered someone, I know it was wrong and totally against the law, but my frontal lobe isn't fully developed and I cant control my impulses. I swear killing that innocent baby had nothing to do with the fact that I'm a low life monster, its all because of my under developed frontal lobe. Don't worry, when I turn 20, it will be fully developed and I'll be able to control myself better"

BS, if a 15 year old is capable of understanding that murder is wrong, and knows that it is against the law and one will be punished for it, then their treatment shouldn't be any different than anyone with a fully developed frontal lobe that knows the same thing.
Abso-freakin-lutely.
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Old 03-30-2013, 12:08 PM   #15
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I think it has to do with protecting the innocent.

If someone can kill at 15, they are a menace to society. I don't want them walking around free in 3 years. I want them locked away forever. If they did it before, they could do it again.

Someone who has sex at 15 isn't a threat to me.

I think consent laws may be different in different states. I think it's either 14 or 16 here for consent. The idea is to prevent molestation - to protect a child from creepy uncle or whoever. I don't think it should apply to a girl and her boyfriend, especially if he's just over the age and she's just under it. However, if she's 14 and he's 35, yeah, that's a crime!
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