RE: 12 year old facing life in prison for shooting father's pregnant fiance (Full Version)

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truckinslave -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 3:05:12 PM)

quote:

Life in prison is far more inexpensive.


That could. obviously, and in my opinion should, change.




LadyPact -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 3:05:46 PM)

quote:

ORIGINAL: barelynangel
My question however is this -- who are the peers of a 12 year old boy?

angel

Should only those who are over 65 sit on a jury if the defendant is a senior citizen?  Should only female jurors be accepted if the defendant is female?  What about people of color or other nationalities?

I'm really more of the mind that I am more concerned with the two murder victims than the age of the defendant.  Twelve, twenty, or a hundred and twenty doesn't change My opinion that someone who would shoot a woman carrying an unborn child should be prosecuted to the fullest extent.

It seems to Me one of the bigger issues that both sides of this trial are going to face is going to be finding impartial jurors at all.  It's very obvious that there are folks attempting to have this case tried in public opinion, rather than the courts.  The defense is obviously trying to invoke sympathy due to the defendant's age.  If it were Me, he wouldn't get it.




BoiJen -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 3:13:06 PM)

quote:

ORIGINAL: barelynangel

boijen, you speak of our justice system, you do realize that you ironically are thumbing your nose at the very essence of what our justice systems is founded upon while trying to use the same system to support how you are viewing this --- its called -- wait for it -- innocent until PROVEN guilty.

That system is not based on speculation and random information and bits and pieces thrown to the media to determine guilt but instead is dealt with teh concept of GUILT BEING PROVEN. Do you at all understand that concept.

So you really may want to understand the justice system you proclaim to shrug and say well i am just working within the confines of our justice system because in the end what you are doing is the exact opposite of what our system is based upon -- you are deeming him guilty without any proof, only abstract information of media coverage.

angel


I'm actually not working within the confines of the law because I'm not part of the legal process here.

I'm voicing my opinion on a public form while running a virus scan on my computer. I have a right to voice a personal judgment and then the courts have a right not to accept a person like me on a jury because of that.

I'm not sure what the problem is here.




truckinslave -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 3:20:06 PM)

quote:

One, the kid had to take a junior hunter's safety course ever before he could get a hunting license at all.  Two, it means that he knew that guns kill.
[/quote

I had free access to guns at his age, roamed the hills and fields around my grandparent's home, killing various small game. My brother and cousins and I all well knew exactly what guns did. We just never decided to murder anyone. You;re exactly right.




kiwisub12 -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 3:23:27 PM)

If any kid hunts, and kills animals, then they understand that dead is dead.

There isn't any ambiguity there.

If the kid shot at his pregnant soon-to-be stepmother, he knew what would happen.




SL4V3M4YB3 -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 3:28:56 PM)

quote:

ORIGINAL: truckinslave
quote:

Life in prison is far more inexpensive.

That could. obviously, and in my opinion should, change.

If it's about cost then it isn't about justice.

Why do people even talk about the cost? Pursuing people that evade taxes costs money, it costs money to pay police to monitor traffic.

We could save a lot of money if we just kill all those that speed and evade taxes. If we did this then it'll set an example and nobody will ever speed or evade taxes again.

What is wrong with society is they are far too passionate about crimes that don't adversely affect them. The chances of your twelve year old step son shooting you in the head whilst pregnant are astronomical, therefore you don't have to portray a monster to spare you some fear of that eventuality being realised.




barelynangel -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 3:48:10 PM)

quote:

Should only those who are over 65 sit on a jury if the defendant is a senior citizen? Should only female jurors be accepted if the defendant is female? What about people of color or other nationalities?


LP, at least a person who is over 65 has a possibility that there will be senior citizens on the jury. This boy will not have any possibility that any of his peers will judge him.

LP, i am curious, so how would he NOT be prosecuted prosecuted to the fullest extent of the law if he was prosecuted as a juvenile within the concept of our laws. The fullest extent of the law for whom? An adult or a child?

angel

I have no sympathy for this boy if he is prosecuted he is prosecuted, my concern is based upon the gray areas wherein people want to assauge their guilt by making exceptions to the law to make it seem easier to prosecute him as an adult. I don't think they should. IF they choose to see this child as an adult to prosecute him, I fully believe if he is prosecuted as an adult, the death penalty should be weighed just as it would for an over 18 year old in the same situation. If under the law he is not found to be able to be tried as an adult or they are unable to put the death penalty on the table cause well he is just a kid, i believe he should be prosecuted as any juvenile offender is.







Musicmystery -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 4:36:40 PM)

quote:

China has one of the lowest rates of crime in the whole world and spends almost the least amount of money on their justice system. Something must be working over there.


Yes. No human rights.

Comrade Jen, I'll stick with the Constitution, thanks.




Level -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 4:40:49 PM)


quote:

ORIGINAL: Musicmystery

quote:

China has one of the lowest rates of crime in the whole world and spends almost the least amount of money on their justice system. Something must be working over there.


Yes. No human rights.

Comrade Jen, I'll stick with the Constitution, thanks.


Yeah, it doesn't cost much to kick some peasant's door down, drag their hapless ass to a shithole, and lock them up, feed them gruel, and basically shit upon the notion of a fair trial.




Brain -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 8:28:19 PM)

I say he is guilty and I have no sympathy whatsoever for the father. People that demand the right to have guns need to accept the consequences good or bad.  This is why it is bad policy giving people the right to have guns they don't need.  Some people learn the easy way and some people have to learn the hard way.
quote:

ORIGINAL: tazzygirl

I woke up to this story on the news... and didnt know which way to think. Guilty? possibly. The father maintains his son's innocence. However, they have the murder weapon, the son's rifle the father gave him as a present. The fiance is dead, along with the unborn baby, who was to be named after the father.

Its a chilling story, leaving just one question in mind. Is this child guilty of the crime of murder in the first degree at 12 years old? Pennsylvania believes so, according to the state law... and only the Judge can say differently and send it to juvenile court. He is facing either life in prison (the Supreme Court in 2005 made it unlawful to give children the death penalty) or juvenile detention until 21, with no criminal record.

I have mixed feelings on this. If he committed the crime, what do you think should happen to him?

The story is here




juliaoceania -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 8:34:48 PM)

quote:

ORIGINAL: BoiJen

quote:

ORIGINAL: juliaoceania

quote:

ORIGINAL: BoiJen

quote:

ORIGINAL: juliaoceania

I feel a little nauseated reading her....and I do not mean that in a metaphorical way, I mean I feel sick inside thinking that someone could advocate for the state murdering children because it costs money to incarcerate them.... just boggles



I feel the same way about adults who commit murder. Such violent crimes should not be rewarded with free food and shelter for the rest of one's own life.



We aren't talking about adults here, we are talking about a 12 year old. You claim to want to be a psychologist, tell me about the psychology of children at different ages... tell me about their ability to discern truth from lies, real verses imaged, action and consequences... etc.. since you are this psych person, tell me if you know the diff between a 12 year old brain and a 25 year old brain.... (not that the 12 year old in this case is actually even 12 mentally speaking, he could be younger developmentally for all we know)



Actually I do. Frontline highlighted the study that is often cited in brain development cases. The scientific problems, acknowledged by the study's originator exist in that the actual brain development was studied on cadavers who's medical history was unknown...only their age.


http://www.pbs.org/wgbh/pages/frontline/shows/teenbrain/work/adolescent.html

I don't believe there is significant evidence to push off the responsibility of these kinds of actions solely on brain development. There's outside factors as well as inside ones. If this is a brain development issue, there's no guarantee that the boy's brain will develop ever to understand the big problem with his actions. If it's an environmental (parenting) issue, his formative years are coming to a close and it's gonna be a bitch to untrain him (and as stated earlier, it still leaves the time bomb in the boy's head waiting to be triggered). If it's a chemical issue, then it's incredibly likely he's shown signs of violent behavior that's not been uncovered yet...dead cats or birds, aggressive behavior toward other children....hell, it's already been put out there that he was aggressive toward the victim repeatedly.

These are my feelings based upon the research readily available on brain development.



This link is about teen age brains, it is not about children...




slvemike4u -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 8:58:19 PM)

quote:

ORIGINAL: Brain

I say he is guilty and I have no sympathy whatsoever for the father. People that demand the right to have guns need to accept the consequences good or bad.  This is why it is bad policy giving people the right to have guns they don't need.  Some people learn the easy way and some people have to learn the hard way.
quote:

ORIGINAL: tazzygirl

I woke up to this story on the news... and didnt know which way to think. Guilty? possibly. The father maintains his son's innocence. However, they have the murder weapon, the son's rifle the father gave him as a present. The fiance is dead, along with the unborn baby, who was to be named after the father.

Its a chilling story, leaving just one question in mind. Is this child guilty of the crime of murder in the first degree at 12 years old? Pennsylvania believes so, according to the state law... and only the Judge can say differently and send it to juvenile court. He is facing either life in prison (the Supreme Court in 2005 made it unlawful to give children the death penalty) or juvenile detention until 21, with no criminal record.

I have mixed feelings on this. If he committed the crime, what do you think should happen to him?

The story is here

Brain...please stop trying so hard....you have long since proved your foolish,no sense trying for asshole status so quickly.




Kirata -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 8:58:54 PM)


quote:

ORIGINAL: Brain

I say he is guilty and I have no sympathy whatsoever for the father. People that demand the right to have guns need to accept the consequences good or bad. This is why it is bad policy giving people the right to have guns they don't need.

If a twelve year old kid takes the keys to his father's car and kills somebody joy-riding, should we also conclude that it is a bad policy to allow car ownership to be legal? Give me a break.

Your comment about the father, however, is dead on point. To leave a shotgun and shells laying around unsecured in a house with a twelve year old kid is the height of irresponsiblity. If there isn't a law on the books under which the father can be held to account, there should be.

K.




tazzygirl -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 9:49:04 PM)


quote:

ORIGINAL: BoiJen

quote:

ORIGINAL: Musicmystery
Two points.

First, this comes down to whether you want to live in a country with a criminal justice system or one with summary execution without trial.

Second, you'll find the economic argument doesn't hold up. We could save a fortune by substituting life in prison for the death penalty. It's far, far more inexpensive. Check it out.

And yes, we should do that for any age.

What say we have the trial first.



If the boy is innocent, for his sake, I hope he's found that way and has all the mental health treatment for having been through this issue that he needs. If he's guilty and found as such, may he rot in hell.

In such a case though, I doubt he'll find a trial and jury of his peers.

I love this justice system because it is a justice system. And I am allowed to have my opinion of the case give the information readily available. There's a reason (beyond not being in the state) that I would not be selected for the jury and would immediately make where I stand known because of that. I would not be a good candidate for any murder or rape and mutilation trial because of my own feelings. I know this.

And thank God and this country's justice system for that. Just because I feel a certain way about this case doesn't mean that I don't think the kid should get a fair trial in court.

I think far too few people understand a situation when someone feels a certain way about the information given and the over all process of understanding and judging that situation. I feel a certain way about this case...I also think the justice system, while flawed, is the best chance of catching the criminal in this case.

No matter what, I still wouldn't want anyone in that family living near me.



jen, i do hope as you get closer to concluding your degree, you find that little thing called empathy that is almost necessary to have to work in any area of the medical field... even a prison system.




tazzygirl -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 9:56:53 PM)


quote:

ORIGINAL: BoiJen

quote:

ORIGINAL: juliaoceania

I feel a little nauseated reading her....and I do not mean that in a metaphorical way, I mean I feel sick inside thinking that someone could advocate for the state murdering children because it costs money to incarcerate them.... just boggles



I feel the same way about adults who commit murder. Such violent crimes should not be rewarded with free food and shelter for the rest of one's own life.



Murder convict cleared by DNA
Man returns to court after being cleared
Updated: Sunday, 29 Mar 2009, 5:13 PM EDT
Published : Sunday, 29 Mar 2009, 11:26 AM EDT

HARTFORD, CT (AP) - A Connecticut man who served 20 years in prison after being convicted of killing of his pregnant girlfriend returns to court this week to see if a judge clears his name.

New DNA tests cleared 52-year-old Miguel Roman as a suspect in the 1988 homicide.

http://www.wwlp.com/dpp/mobile/ap_ct_murder_convict_cleared_by_dna_200903291125

This would have been a man who would be dead, and should have been, according to you. Really, jen, mistakes are made, everyday, and not by just criminals.




tsatske -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 10:02:36 PM)

There are mental hospitals in that boys area - good ones - who specialize in young boys who commit murder, rape or arson. He needs to be placed in one and given a chance to get the treatment he needs to live a normal life. 12 year olds do not commit murder without there being a whole lot more to the story - rather that 'more to the story' is environment, abuse, mental illness or outside influence.

And, while I always object to young children being tried as adults, i do not see the inconstancy in calling a victim a child, even by those unwilling to offer the same title to young perpetrators. there is a great difference in being a victim and committing a crime.




juliaoceania -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 10:26:00 PM)

quote:

ORIGINAL: Level


quote:

ORIGINAL: Musicmystery

quote:

China has one of the lowest rates of crime in the whole world and spends almost the least amount of money on their justice system. Something must be working over there.


Yes. No human rights.

Comrade Jen, I'll stick with the Constitution, thanks.


Yeah, it doesn't cost much to kick some peasant's door down, drag their hapless ass to a shithole, and lock them up, feed them gruel, and basically shit upon the notion of a fair trial.


Or arrest them so they have an excuse to send them to a labor camp to work for free making Happy Meal toys.... over there the more people they can arrest, the more profit to be made off the slave labor....

Edited to add, once they execute people they can harvest their organs too... isn't that what we always wanted? To have a government that will arrest us, deny us due process, execute us, and then harvest our organs... what a noteworthy and exemplary model of "justice"! I say we chip in and send biojen there so she does not have to deal with the psychopathic child killers that are an ever present danger in the US




Kirata -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/16/2010 10:40:57 PM)


quote:

ORIGINAL: tazzygirl

jen, i do hope as you get closer to concluding your degree, you find that little thing called empathy that is almost necessary to have to work in any area of the medical field... even a prison system.

Given what our prison system is like and the rates of recidivism for violent crime, I'd have to say that empathy, both for the guilty and for their victims-in-waiting, might arguably be on the side of execution.

K.




tazzygirl -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/17/2010 2:30:46 AM)

Master Kirata,

While that may be true, the number of cases overturned due to new evidence, DNA evidence, evidence previous deemed "non-important", not to mention evidence that was just hidden by the DA's (not saying this is the case with Jordan), is enough to make many pause and speculate if our system is foolproof enough to put someone to death.




LadyPact -> RE: 12 year old facing life in prison for shooting father's pregnant fiance (3/17/2010 3:30:58 AM)

quote:

ORIGINAL: barelynangel

quote:

Should only those who are over 65 sit on a jury if the defendant is a senior citizen? Should only female jurors be accepted if the defendant is female? What about people of color or other nationalities?


LP, at least a person who is over 65 has a possibility that there will be senior citizens on the jury. This boy will not have any possibility that any of his peers will judge him.

LP, i am curious, so how would he NOT be prosecuted prosecuted to the fullest extent of the law if he was prosecuted as a juvenile within the concept of our laws. The fullest extent of the law for whom? An adult or a child?

angel

I have no sympathy for this boy if he is prosecuted he is prosecuted, my concern is based upon the gray areas wherein people want to assauge their guilt by making exceptions to the law to make it seem easier to prosecute him as an adult. I don't think they should. IF they choose to see this child as an adult to prosecute him, I fully believe if he is prosecuted as an adult, the death penalty should be weighed just as it would for an over 18 year old in the same situation. If under the law he is not found to be able to be tried as an adult or they are unable to put the death penalty on the table cause well he is just a kid, i believe he should be prosecuted as any juvenile offender is.





We might be looking at two different things here.  One being the trial itself and the other being sentencing.  While the sentence length would be greatly reduced if he is tried as a juvenile (nine years at best until he's 21) it also eliminates any possibility of a jury deciding the case at all.

I think part of the issue here is, since one of the possibilities we have here if the kid is guilty and he's tried and convicted as a juvenile, he's really only going to serve four and a half years per victim.  If it weren't for this defendant's age, there would be an outcry that it's a mockery of justice.
  Especially if it really is a case of someone walking up to a woman sleeping in her bed, aiming a shotgun at her, and pulling the trigger.  I know I wouldn't be satisfied with that if I were the mother and would have been  grandmother of the victims.




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