Monday, January 15, 2007

Kiddie Killers, Pt. II

Seems like even the Mormons aren't immune. And here I thought they were such nice people. I guess what the Ghanaians say is true. There really is a menace in every village.

Actually, I have no idea if any of the people involved are part of the Church of Latter-Day Saints, but that's neither here nor there. Once again, it's a case involving a 14 year old killing a 15 year old, this time by strangling her and leaving her body in a public park.

Seems like the prosecutors can't decide how to charge him, as a juvenile or as an adult. Good thing the prosecutors have until Jan. 26th to formally file charges. Good luck with that choice! In the meantime, the unnamed kid is being held in a juvenile facility. Well, at least that lessens the chance he'll be raped while he awaits trial. (Yes, I know abuse in juvenile detention facilities is not uncommon, but it's rarer than when a young kid is held in an adult facility with way crazier inmates all around.)

Which brings me to my next question. If Justice is treating equals equally, and unequals unequally, as Aristotle teaches us, then is it just to treat a 14 year old murderer as a juvenile if he kills in one state but not if he kills in another? I know States have different justice systems, to say nothing of driving ages, for a reason (yay, Federalism!) but is it right to offer treatment and education, in addition to incarceration to 14 year olds in one state but not in all of them?

Is there an issue of Federally protected rights? I don't know since I haven't gone to law school, so maybe one of the lawyers I'm friends with can take a break from charging $450 an hour and answer that for me. There probably isn't, but maybe there should be?

What if one of the accused is the son of a cop? Should that make any difference? In my limited experience, it certainly does. And it seems like it does in Gary, IN where a 17 year old charged with reckless homicide isn't automatically waived into adult court, while a 15 year old, charged with murder gets the free ride to the grown-up court room. I know they're not charged the same, but honestly, if the first kid didn't have a Dad on the local police force, would he be in adult criminal proceedings already? My hunch is that he would. Is that Justice?

Things that make you go, "Hmmmmmmm."

3 comments:

small-d said...

"Justice is treating equals equally, and unequals unequally, as Aristotle teaches us..."

True, but Aristotle also considered Greeks superior, and therefore not equal, to non-Greeks and citizens superior to non-citizens (not to mention the slaves).

Joe Grossberg said...

Or the women.

D. Stephen Goldman said...

And Aristotle was way of in his classification of species, but I think his definition of Justice still serves us well, although we can all disagree on whether we're comparing pears to oranges.