General Discussion
In reply to the discussion: Should a 13-year old murderer be tried as an adult? [View all]aint_no_life_nowhere
(21,925 posts)Like I said, juveniles don't have the emotional or intellectual maturity of adults. They're malleable and far more susceptible to influence and peer pressure as well as the effect of passions and immediate emotions. A juvenile can't form a premeditated intent with the cold maturity of an adult. They're still developing their character and personality. They're not in control of their emotions and passions the way adults are. There's a good reason why juveniles are not allowed to participate in government or in the jury system; they don't have an established sense of good judgement over their own actions.
Infancy is a long-established defense to criminal charges under English common law and in western civilization. Under 7 years of age, there was a conclusive presumption that a child is incapable of committing a crime because they lack the capacity to appreciate the nature and wrongfulness of their acts. Under the age of 14, children were presumed incapable. Children over 14 could establish they didn't understand their actions were wrong.
Do I think juveniles who hatchet adults should be put away? Yes, but not in the adult criminal penal system.