Sunday, February 22, 2009

A sad reflection on our justice system

An 11-year-old Pennsylvania boy has been accused of killing his father's pregnant girlfriend.

That sentence alone should be horror enough.

But what makes it worse is that this child is going to be charged as an adult. Pennsylvania law stipulates that anyone over 10 who is accused of murder is charged as an adult.

This boy is not deemed mature enough to buy a pack of cigarettes, or a beer. He cannot buy a lottery ticket, apply for a driver's license, enter into any legal contract, or likely stay out past 10 PM. He cannot hold a job, or join the military, or choose to quit compulsory education.

But he can go to jail for the rest of his life if convicted.

Laws like this are intolerable. I understand the desire to feel safe in your community. I understand the desire for retribution. But for a society which deems a child too immature to be trusted with the decision to quit school, it is shameful that our fear and rage would forever imprison that same child on the basis of an admittedly horrific decision.

Children like this need help - something has very obviously gone badly wrong in their childhood. If they cannot be held accountable for the contract terms of joining Colombia house, they should not be held accountable in the same way an adult would when they commit crimes. One of the reasons our society holds that children do not have the same rights as adults is that we acknowledge that ignorance, naivete, and lack of emotional control are normal for children. Wisdom and emotional/impulse control are things that children gain as they grow into adults, presumably because they are taught to model those behaviors/characteristics from the adults around them.

As an aside, where the hell does an 11-year old get a gun and ammunition? Apparently the boy "owned" the gun - and it was designed for youth. The adult responsible for allowing him unlimited access to the gun and ammunition is the person who needs to be criminally charged.

You want to take your kid hunting? Fine. When Bambi is dead, the gun should be returned to the custody of the adult. The adult should unload the gun and lock it, and its ammunition, in a place where impulsive and immature children cannot gain access to it.