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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
36 thru 40 of 76 comments
On 03/05/03
Trae from WI said:
its all different if you think about it. You ccan put the kids to death if they meant it,but when do you know of when kids kill and dont mean to?You must also put yourself in place of the parents whose kids were murdered. im 16 and i know right from wrong and i feal that i do have the mind of an adult. What you dont think he was adult enuf to know he was firin a gun when hes not supposed to come on.
On 03/04/03
cassie from WA said:
Why shouldnt they be tried as adults if they are guilty and it was perposeful then you or any minor is accountable for their actions their free agency gives them the option if they abuse that right then the must suffer the consequences
On 03/04/03
Cassie from WA said:
when you turn 8 years old you have received the knowlege between right and wrong if he didnt relize it was wrong i pitty him.
On 02/26/03
my name is... from WI said:
i think that minors should be tried as adults if it can be proven that they purposefully murdered someone. I think they definitely deserve it then. If it was an accident then they should be put in juvy or something like that. And if they're tried as a minor when they purposefully did it, they should be retried when they're 18.
On 02/24/03
jennifer a. from CA said:
my brother was charged as an adult for shooting a gun when he was 16 he was tryed as an adult and he is in prison for 15 to life which means in 15 he might let him out if he does good but no time before that. who are they to say that my brother has a mind of an adult!
36 thru 40 of 76 comments



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