Legal Commentary

AZ Police Want 8 Year Old Charged as Adult for Murder

By Jeralyn

An 8 year old boy in Arizona allegedly shot and killed his father and another man yesterday. Police want him charged as an adult.

As if an 8 year old has the mental capacity to understand the act of murder? It hasn't stopped Arizona prosecutors before:

Earlier this year in Arizona, prosecutors in Cochise County filed first-degree murder charges against a 12-year-old boy accused of killing his mother.

In the 8 year old's case, there are indications he may have been abused. Others say no reports are on records. Then, there's the interrogation of the boy. [More...]

Melnick said police obtained a confession but the boy’s defense attorney, Benjamin Brewer, said police overreached in questioning the boy without representation from a parent or attorney and did not advise him of his rights.

“They became very accusing early on in the interview,” Brewer said. “Two officers with guns at their side, it’s very scary for anybody, for sure an 8-year-old kid.”

The child has no prior history of violent behavior:

He had no record of any kind, not even a disciplinary record at school,” he said. “He has never been in trouble before.”

Can Arizona please get smart and leave this to the juvenile courts where it belongs?

Other thoughts on Arizona and prisons from this op-ed in May, 2008:

Arizona ranks with Mississippi, Louisiana and Texas as having one of the highest incarceration rates in the United States, including particularly high rates of incarceration for women and minorities.

The same op-ed says the recidivism rate in AZ in 70%, largely because of lack of rehabilitative services.

Gov. Janet Napolitano's 2008-2009 proposed budget includes almost $1 billion for the annual expense of maintaining our adult and juvenile prison system. The state is also receiving bids for the construction of facilities to create 3,000 additional prison beds to ease prison overcrowding. The standard construction cost is $110,000 and up per bed.

Arizona, in 2003, had one of the highest rates of teen suicide (pdf) in the country.

Gov. Janet Napolitano, in my view, is another terrible potential choice for Attorney General. But I hope she has the sense and decency to weigh in for this 8 year old and stop the farce of trying to charge him as a adult.

Full post as published by TalkLeft on November 08, 2008 (boomark / email).