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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
11 thru 15 of 76 comments
On 02/27/06
Dena Jo from WI said:
My son inavertently killed a little girl. She was 6 and he was 10. He faced 20 years to life. But charges were dropped soon. He and the girl found a gun and decided to take it to me. As my son picked it up it fired and hit her in the neck. She died instantly. I wanted him to have no charges in exchange for me to serve 12 hours of gun classes. I love my son and will do anything for him.
On 02/08/06
charlene from AL said:
i think juveniles should not be trialed as an adult no matter what the crime is. they aren't given any rights of adults, so in the legal system they shouldn't be treated like one. bottom line: JUVENILES SHOULDN'T BE TRIALED AS ADULTS UNTIL THEY BECOME ADULTS NO MATTER WHAT THE CRIME IS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
On 02/02/06
jesus from CA said:
hey im doing a projects exactly on what this question is based on. Can you guy recomend any websites that would help to go into further detail?
On 05/31/05
connie from HI said:
im doin a project at school about 'why teens 12-18 should be treated the same as adults in court wen they commit a crime' do u guys have any sites u could recommend that could help? thanks
On 04/14/05
Jocelyn from TX said:
At school I'm working on a project about this topic. I've done some research and found some heartbreaking information. I think that if children of youth arent't allowed to vote,drink,or do other things you have to be an "ADULT" to do then why should we be treated like adults for commiting a crime. In other cases we know better and if we commit the adult crime we need to pay the adult time!!!!!!!
11 thru 15 of 76 comments



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