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
21 thru 25 of 76 comments
On 01/16/04
Bridget from AZ said:
I think kids that do any crime should be tried like adults because they are people to and there is no difference yeah there younger, but they also no what is right and what is wrong.
On 01/15/04
man of mystery from MN said:
hello, i'm researching this topic (should minors be charged as adults) and i wanted to add that if any of u have children, could you imagine them being taken away at pre-teen age and spending the rest of their life in prison?
On 12/14/03
Stina from FL said:
Im 18 and I feel as if any "minor" as you would put it can commit such an horrible act such as murder they should be tried as adults. You say that kids with bad upbringing shouldn't be tried so then when thay grow up and do it again should they be tried, and put to death. It doesn't matter what age, you should know right from wrong and even if you don't learn it through your parents throughout the years, you do hear it in school and from friends. All I have to say is that PEOPLE no matter what age should be held responsible for their own acts and beable to deal with them responsibly and fac
On 10/14/03
Caitlin from NC said:
I think that if the juvenile can commit a crime than he/she should be put in jail cells with adults. Whoever commited the crime should think of the consequences he/she has in store for them. They need to be punished.
On 09/22/03
Johnnie from MA said:
Brian, I agree that juveniles should not be put into the same prison cells as adults. However, what do you do when one 16yr old goes to jail for theft. But gets put into a cell with another 16yr old who is there for rape or murder? The risk is the same even though they are the same age.
21 thru 25 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