Speak Up! - View Question #585
« LawForKids.org home page | « Go back to speak up question #585

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
6 thru 10 of 76 comments
On 02/11/07
katherine from ID said:
well, in my state there have been recent murders and violent crimes realy near to home commited by minors my age. i think it really depends on the crime and the age of the minor who commits a crime. if they are under 8 and accidently shoot or kills a playmate, they don't know better. but the middle school students know perfectly well whats right and what wrong. they need to be tried as adults and face the consequences for their actions.
On 04/26/06
Kelly from AL said:
Honestly, Children shouldn't be charged the same punishment as adults. Simply because, kids minds are fully developed as adults. They dont completely know whats going on. Im not saying, let them get away with it, send em to rehab or something. But honestly, I know I use to do bad stuff at a younger age I thought who cares, but when I look back at it, I regret it, and feel horrible. Again,When your younger your not fully developed and have the same remorse as an adult.
On 04/16/06
Tamaree from TX said:
Myself being a minor I know right 4rm wrong but adults dont know wat we hav 2 go thrugh we suffer being pick on pressured & sometimes people threaten us to do something we dont wanna do but u adults wouldnt kno that ya'll think oh she getto she 4rm 44 u mite wanna watch out she mite jack u or sum stuf like dat or o its da music o its da games but dats not it sometimes we do it for attenchun since we hav lilmited rights & curfues but yall dont & uprobly dont understand where im coming from if u were once a child but appearently not since WE dont kno how to act & we watch yall & do wat yall do!!
On 03/05/06
Frank from PA said:
I feel there needs to be a set law in every state, with the same result. All kids, who take the life of another, should be tried as adults, simply because he or she should be accounted for their actions. There should be no age limit; murder is a crime that should be serve by justified punishment.
On 03/01/06
jjsida from CA said:
In honest truth if you do the crime you must pay the time. Teenagers now know that there are consequences to commiting a murder so it is there choice to spend the rest of their time in prison for something they could of prevented.
6 thru 10 of 76 comments


Read more about the law and Violence
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #585