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Reload this Page Ten Years And Life Ya Got It...

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View Poll Results: Can a 10 year old understand the charges against her?
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Old 04-11-2008, 01:27 PM
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Default Ten Years And Life Ya Got It...
Ten Years And Life Ya Got It...
by RS Davis
The Freedom Files


Hello Freedomphiles! So, The Belleville News Democrat reports about an interesting defense in an assault case:

  • A 10-year-old girl accused of brutally attacking another girl on a playground is too emotionally immature to understand the criminal charges against her and they should be dismissed, a public defender said.

    The 10-year-old and another girl, 11, face charges including aggravated assault for the attack on another 10-year-old girl in an elementary school playground the evening of April 3. The girls are accused of stomping on the victim and breaking her hip, police said.

    Erie County Public Defender Tony Logue says he will ask a Juvenile Court judge to dismiss criminal charges against the 10-year-old girl.

    "How can my attorney effectively communicate with his clients given the client's chronological age versus emotional age?" Logue said...

    ...A delinquency case, which is what the girls currently face, is the juvenile court equivalent of a criminal case. If the girls are found delinquent, the equivalent of a guilty verdict, they could be confined in a juvenile detention facility or otherwise be under the supervision of the court until they turn 21.


This is a horrible incident, to be sure, but I tend to side with the public defender on this. I mean, this is a ten year old girl - only alive since Will Smith was Gettin' Jiggy Wit It - could she really comprehend the consequences of her actions, much less the criminal charges she now faces?

I've been troubled for some time with the idea that the severity of the crime somehow determines the culpability and emotional maturity of the young perpetrator. Look, either you are old enough to appreciate the nature and consequences of your crime, or you aren't. The actual crime committed shouldn't even be a factor.

And as one of my Freedomphiles once said, if you're old enough to be able to make an adult decision to commit a crime, aren't you old enough to consent to sex? And how many of us think a ten year old girl is old enough to consent to sex?

Thanks to Uncle Mike for the tip.
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Old 04-11-2008, 01:36 PM
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I think the girl should be getting therapy not jail time.

This country is way to jail happy.
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Old 04-11-2008, 01:46 PM
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Quote:
Originally Posted by mwillman View Post
I think the girl should be getting therapy not jail time.

This country is way to jail happy.
You're the second person to respond to my blog that way. I agree. I also think her parents should pay restitution.

- R
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Old 04-11-2008, 02:01 PM
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I agree with the restitution as well.

Parent's are responsible for a their children's acts.
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Old 04-11-2008, 02:08 PM
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Agreed.
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Old 04-11-2008, 02:12 PM
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I just don't know what to think. My hunch is that the girl doesn't understand that what she did was not only wrong, but extremely wrong. IOW, I suspect that she doesn't appreciate the gravity of her actions.
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Old 04-11-2008, 06:01 PM
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The entire family should probably be sterilized.
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Old 04-11-2008, 06:20 PM
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The country is "jail happy" because the idiot sheep like unpleasant things to be placed out of sight, out of mind, rather than FIX any of our problems.

Jail won't do much for this kid, and there are other punishments which are less severe but more effective. And I DON'T refer to the post above this.
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Old 04-11-2008, 06:47 PM
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When I was ten I couldn't understand how to put on my underwear right half of the time much less the ultimate consequences of breaking the law.
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Old 04-11-2008, 09:12 PM
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Give her a spanking, then let her grow up normally, but when she's old enough (16-18) explain what she did as a child. Then make her do a great deal of community service. Also, the parents should pay the victim's parents restitution.

The end.
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