Comments on The General Blog of Crime: Arizona Poised to Try 8 Year-Old as an Adult

This case is complicated and has so many layers to...

2009-01-08T18:25:00.000-05:00

This case is complicated and has so many layers to it that the court system is going to be struggling on how to handle, pursue, and solve this case.

MFD,

This case seems anything but clear-cut...

2008-11-26T11:08:00.000-05:00

MFD,

This case seems anything but clear-cut. The men were shot execution-style, and this child has no record of criminal or asocial behavior. He also says he shoots his dad again, so he didn't have to suffer. That doesn't sound like something an 8-year-old to say.

On the other hand, he seems relatively detached when talking about what happened. I'm no expert on interrogation, so I really couldn't say.

Given all those things, it's certainly possible that he shot the two men; however, charging him an adult is outrageous and does no good for anyone.

Okay . . . a mere dilettante primary care doc (no ...

2008-11-24T15:45:00.000-05:00

Okay . . . a mere dilettante primary care doc (no "CSI" in my life, thanks . . . . )

Is anyone even certain that this child actually pulled the trigger?? I'm no expert on forensic interviews, but watching the video and comparing my understanding of child development and intellectual capacity, I wouldn't believe a thing he admitted to in that interview. Looks like a pretty hasty conclusion on my part.

Comments from anyone who actually understands crime?

I suppose the Arizona criminal defense attorney in...

2008-11-21T17:03:00.000-05:00

I suppose the Arizona criminal defense attorney in this happy little group should make some sort of comment.

Yes...many of us here were shocked as well, by both the crime and the handling of it.

I'm not fully familiar with the facts of the case and my commentary will therefore be highly speculative. Having been said, it seems fairly difficult for me to believe that a court would find that he voluntarily and intelligently waived his right to counsel during questioning even if informed of such a right. Were I this youngster's attorney, one of my first concerns would be a violation of Miranda and a suppression of any statements made to police as a result.

Understandably, the police, faced with what appears to be an incredibly high-profile and gruesome crime, were anxious to get answers and find out details during their investigation. However, it would seem to me that, even at the expense of the investigation, the more prudent route would have been to not question the child until counsel was assigned or volunteered pro bono.

Just some thoughts...

Well, that makes about as much sense as charging t...

2008-11-21T08:46:00.000-05:00

Well, that makes about as much sense as charging this kid with murder, doesn't it?

Your hypotheticals would never get to that point. ...

2008-11-20T21:56:00.000-05:00

Your hypotheticals would never get to that point. A guardian ad litem would be appointed in the scenarios you raise to act on the child's behalf.

So, I suggest that a guardian ad litem be appointed for this 8 year old and that person be charged with murder.

Thanks for posting about this. It was on my list ...

2008-11-20T08:57:00.000-05:00

Thanks for posting about this. It was on my list of items for the upcoming Lightning Round, but I think it's an important enough story that it deserves its own post, so I'm happy to see one.

Given my opposition to the practice of trying youth as adults -- especially youth as young as 8 -- I have been watching this case with interest. Of the many objections I have to the prospect of this boy being tried as an adult, here is perhaps the simplest: can we as reasonable people conceive of any other possible scenario in which an 8-year-old child would be deemed to have adult reasoning/decision-making powers? Here are two quick examples.

First, imagine that an 8-year-old child lived with a single parent who was seriously injured and on life support in the hospital. Would the physicians allow that child to make the final determination of whether or when to end life support? I can't imagine they would. Wouldn't they find another adult relative -- even if that person was more distantly related to the patient -- to make that call?

Second, consider an 8-year-old child whose parents are killed in an automobile accident. Would an estate attorney allow that child to make decisions about what to do with the parents' estate funds?

The answer in both cases, I think, is a resounding "NO". In those examples, I would think the physicians and attorneys could face malpractice charges for allowing a child to make extremely consequential legal/medical decisions. (AZ JD and Trailing Spouse: am I correct?) But when it comes to trying kids as adults, we have no problems assigning adult reasoning capacity to kids. I just don't understand it...