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Trying children as adults, how is this not unconstitutional?

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
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Doesn't trying a child as an adult presume he/she is guilty? If they are innocent until proven guilty then a child should be tried as a child and an adult as and adult.

If I had money and power I think I would make it my life's mission to stop children be tried as adults, we need to rehabilitate not incarcerate.
 

Juddog

Diamond Member
Dec 11, 2006
7,851
6
81
There are some people that just can't be rehabilitated, and mental development can differ widely from one individual to another.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
Doesn't trying a child as an adult presume he/she is guilty?

No. It presumes that teenagers should be capable of understanding that what they did was wrong.

EDIT: Depending on the circumstances of the crime


If I had money and power I think I would make it my life's mission to stop children be tried as adults, we need to rehabilitate not incarcerate.

The problem is that child is an overly broad term that can include everything from a 5 year old to a 17.9 year old.

It seems far sillier to consider 18 some magic line where now you are expected to understand that murdering people is wrong.
 

Jeeebus

Diamond Member
Aug 29, 2006
9,181
901
126
Doesn't trying a child as an adult presume he/she is guilty?

So you think adults tried as adults are presumed guilty? Maybe put some thought into it before your fingers start mashing the keyboard?
 

JTsyo

Lifer
Nov 18, 2007
12,035
1,133
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It's usually not kids under 13 that tried as adults. Teenagers that commit horrendous crime should be tried as adults since chances are they have something wrong with them and shouldn't be part of society.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
Well then children should be able to vote if they show they are responsible enough, or drive before they are sixteen, or drink before they are 21. I mean if they can suffer the consequences of an adult crime why not the privileges of an adult?
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
It's usually not kids under 13 that tried as adults. Teenagers that commit horrendous crime should be tried as adults since chances are they have something wrong with them and shouldn't be part of society.

23 states allow kids as young as 7 to be tried as adults.
 

boomhower

Diamond Member
Sep 13, 2007
7,228
19
81
I don't think it should be based on an arbitrary number. If they understood what they are doing and the consequences they should be held accountable as an adult. Just because they were 17 and made the decision to commit cold blooded murder doesn't mean they should be released when they are 21. If they had been 18 they would get life, that just doesn't make any sense.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
No. It presumes that teenagers should be capable of understanding that what they did was wrong.

EDIT: Depending on the circumstances of the crime




The problem is that child is an overly broad term that can include everything from a 5 year old to a 17.9 year old.

It seems far sillier to consider 18 some magic line where now you are expected to understand that murdering people is wrong.


I agree, but again I think if we can and do punish minors as adults then we should give them the privileges of an adult, also, its unfair that it goes on their "adult" record and can never be expunged.
 

imagoon

Diamond Member
Feb 19, 2003
5,199
0
0
The trial is supposed to determine guilt per the constitution. Moving the trial to adult trial court isn't mentioned in the constitution. Juvenile court isn't mentioned at all in the constitution, it was established in 1899. Prior to that all cases went to the same trial courts.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
I don't think it should be based on an arbitrary number. If they understood what they are doing and the consequences they should be held accountable as an adult. Just because they were 17 and made the decision to commit cold blooded murder doesn't mean they should be released when they are 21. If they had been 18 they would get life, that just doesn't make any sense.

Then why have an arbitrary number to vote? To serve in the armed forces? To drink? To smoke? To rent a car? To rent a hotel room? To gamble?
 

Jeeebus

Diamond Member
Aug 29, 2006
9,181
901
126
Well then children should be able to vote if they show they are responsible enough, or drive before they are sixteen, or drink before they are 21. I mean if they can suffer the consequences of an adult crime why not the privileges of an adult?

Life isn't fair sometimes - please tell me you figured this out prior to today. 18 year old kids can be blown to bits in the Middle East, but can't legally purchase alcohol. The world is full of shit that isn't necessarily fair.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
Life isn't fair sometimes - please tell me you figured this out prior to today. 18 year old kids can be blown to bits in the Middle East, but can't legally purchase alcohol. The world is full of shit that isn't necessarily fair.

Just because things aren't fair doesn't mean I should stop caring, please tell me you have figured this out prior to today.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
Not to mention if you are black you are 9 times as likely and latinos are 4 times as likely to receive an adult sentence compared to their white counterpart.
 

Jeeebus

Diamond Member
Aug 29, 2006
9,181
901
126
Just because things aren't fair doesn't mean I should stop caring, please tell me you have figured this out prior to today.

So dedicate yourself to making things right. You don't need money and power. Start harassing your politicians. Write editorials for your local newspapers. Use your free time to stand on the street with a sign. Show up at trials of minors and voice your opinion.

Unless, of course, your caring is limited to bitching anonymously on an online forum and then getting back to your life?
 

lxskllr

No Lifer
Nov 30, 2004
60,091
10,562
126
I don't think it should be based on an arbitrary number. If they understood what they are doing and the consequences they should be held accountable as an adult. Just because they were 17 and made the decision to commit cold blooded murder doesn't mean they should be released when they are 21. If they had been 18 they would get life, that just doesn't make any sense.

Then the drinking/voting/military age should be lowered accordingly. Either you're generally recognized as mature enough, or you aren't. I'm ok with lowering the mentioned ages to 13. That's when Jews think you're an adult, and is pretty accurate historically. It's only in recent times we treat adults as children, and the age keeps getting extended. Soon we'll never grow up, and daddy government will care for us for life.
 

surfsatwerk

Lifer
Mar 6, 2008
10,110
5
81
So dedicate yourself to making things right. You don't need money and power. Start harassing your politicians. Write editorials for your local newspapers. Use your free time to stand on the street with a sign. Show up at trials of minors and voice your opinion.

Unless, of course, your caring is limited to bitching anonymously on an online forum and then getting back to your life?


OMG! This is so the most unfair and racist thing I have ever seen pos.... brb donuts in the breakroom.
 

Naeeldar

Senior member
Aug 20, 2001
854
1
81
Not to mention if you are black you are 9 times as likely and latinos are 4 times as likely to receive an adult sentence compared to their white counterpart.

I need to do a search but I'm pretty sure that is relatively in line with the crime rate for those ethnic groups % wise. So statistically that would tend to follow true as well for the adult piece. not sure how to break the numbers out by that type of sentencing though - which is the one piece that would need to be accounted for.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
I need to do a search but I'm pretty sure that is relatively in line with the crime rate for those ethnic groups % wise. So statistically that would tend to follow true as well for the adult piece. not sure how to break the numbers out by that type of sentencing though - which is the one piece that would need to be accounted for.

I am not talking about about numbers, this is a ratio to crimes committed, a percentage.
 

Greenman

Lifer
Oct 15, 1999
22,270
6,448
136
Well then children should be able to vote if they show they are responsible enough, or drive before they are sixteen, or drink before they are 21. I mean if they can suffer the consequences of an adult crime why not the privileges of an adult?

You're putting effect before cause. If kids don't want to be charged as adults, they shouldn't commit adult crimes.
 

Nintendesert

Diamond Member
Mar 28, 2010
7,761
5
0
Then the drinking/voting/military age should be lowered accordingly. Either you're generally recognized as mature enough, or you aren't. I'm ok with lowering the mentioned ages to 13. That's when Jews think you're an adult, and is pretty accurate historically. It's only in recent times we treat adults as children, and the age keeps getting extended. Soon we'll never grow up, and daddy government will care for us for life.



So we should base our laws and rules on stone-age thinking instead of modern science and knowledge as to when the human brain stops developing. DEEEERRRRPPPPP.
 

lxskllr

No Lifer
Nov 30, 2004
60,091
10,562
126
So we should base our laws and rules on stone-age thinking instead of modern science and knowledge as to when the human brain stops developing. DEEEERRRRPPPPP.

So which is it fucker? When are people an adult? Or are you just talking out of your ass again? Where do you stand on manipulating common law to influence outcome?
 

ichy

Diamond Member
Oct 5, 2006
6,940
8
81
If I had money and power I think I would make it my life's mission to stop children be tried as adults, we need to rehabilitate not incarcerate.

Bullshit. A 16 or 17 year old who commits a savage murder needs to be locked up like the animal he is.
 

ichy

Diamond Member
Oct 5, 2006
6,940
8
81
Not to mention if you are black you are 9 times as likely and latinos are 4 times as likely to receive an adult sentence compared to their white counterpart.

THat's because black kids commit crimes at vastly higher rates.
 
Nov 29, 2006
15,886
4,436
136
If I had money and power I think I would make it my life's mission to stop children be tried as adults, we need to rehabilitate not incarcerate.

Id rather remove from the gene pool rather than rehabiliate or incarcerate. Assuming were talking about murder here.