I remember the outcry over the James Bulgar murder when, eight years ago, two 10-year-old boys in Britain adbucted and killed a two-year-old boy. They were tried and convicted. They’ve spent the last eight years in custody. According to recent articles, they will be paroled and given new identities and protection. The victim’s parents have proclaimed their outrage, and the mother of one of the killers stated she fears for her son’s life.
I’ve wondered how this case might have played out if it had occured in the United States rather than the U.K. I’ve never heard of the US government taking any steps to conceal the identity of a released prisoner, such as issuing them new names. I’ve been pondering whether the US would parole them at 18, as the UK is doing, or whether the two would spend a longer time in prison.
Just to make this a true Great Debate-how would the case best be handled?
It would depend upon what state it happened in. Some states won’t even prosecute below a certain age (although social services would more than likely step in). Some states require the release of minors convicted of crimes at 18 either to the outside world or, if the case warrants, a mental facility. Other states allow a sentence to carry over past 18 where the ex-juvenile could be transferred to adult jail.
In some states, the juveniles could be prosecuted as adults. Most states, however, have a minimum age at which a juvenile can be prosecuted as an adult.
Most, if not all, states do not generaly release the names of juveniles charged with crimes.
Of course I have no cites for these. Put a big IIRC in front of this entire post.