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Question: Are minors punished the same as adults if they commit murder?

Answer: It depends. Arizona Law (ARS §13-501) states that kids over 15 that commit 1st or 2nd degree murder are automatically tried in adult court. If the minor is 14, the county attorney has discretion to charge in adult court. If the minor is younger than 14, the state can still try to charge the minor as an adult, but they must first go through a transfer hearing and it is a judge who finally decides.

There are four basic types of homicide in Arizona:

Negligent homicide (ARS §13-1102);

Manslaughter (ARS §13-1103);

Second degree murder (ARS §13-1104); and

First degree murder (ARS §13-1105).

The circumstances surrounding the homicide and state of mind of the defendant create the distinctions.The most serious offenses are first and second degree murder.

If the minor is young enough and the circumstances warrant it, (there are enough mitigating factors) a minor who remains in juvenile court would have consequences until his/her 18th birthday. Arizona Law (ARS §8-341 - §8-342 - §8-343) lists the consequences which a juvenile court judge can impose.

If the minor is tried and found guilty in adult court, the sentencing statute states the punishment shall be the same as that for an adult (life imprisonment, life without parole, or the death penalty are the usual punishments for first degree murder (ARS §13-703)). However, if the defendant was under the age of 16 when the offense occurred, the death penalty is not available. See Thompson v. Oklahoma, 487 US 815 (1988).

The punishment for second degree murder can be found at ARS §13-710. All other homicides' punishments are determined by the sentencing statutes ARS §13-604, ARS §13-701, ARS §13-702, ARS §13-702.1, ARS §13-702.2


Comments
51 thru 55 of 76 comments
On 05/09/02
Katie from WA said:
I dont' think that age is any excuse for muder. People say that they dont' know better. How could someone not know that killing is wrong? Not only is this poor judgement of the kid but also poor parenting. Parents- Teach your children that it is not O.K to kill no matter what age. Because you are not just killing a person, your ruining lives. If your loved one was killed and the killer was only getting detention then that is not justice and you will never get closer. Try them as adults because once that person they attacks dies, then they just became an adult.
On 05/08/02
J, the eskimo, i miss caribou from AK said:
I miss caribou, I don't think we should kill caribou, I think we should love caribou. They should not be killed, They should be loved. They're beautiful creatures, God's creatures. And I miss caribou..
On 04/20/02
kid from PA said:
i think 14 and 15 kids should be tryed like adult and suffer wit what ever they get because not every kid is messed up in the head they just do it for fun or pressure and if they stupid enough to fall for peer pressure they get what they get. If u commit the crimes you did it so thats it u get punished.
On 04/01/02
deewun from CA said:
imagine your love ones shot to death by a minor. what do you want to do with the kid that killed your love ones?
On 03/30/02
Adam from NV said:
Not every state has lethal injection and alot of states won't give the dealth penalty to a kid. The jusry is made up of adults that have children themselves. Texas has been known for putting people down for crimes and has the highest rate of death row victims. Maybe you should start looking around at other states and people other than your own! Thank you.
51 thru 55 of 76 comments



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