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8 year old boy - criminally negligent homicide?

post #1 of 15
Thread Starter 
An 8yo boy & his buddy sneak onto a school bus & release the E-brake. The bus rolls off & crushes a young girl to death. http://news.yahoo.com/s/ap/20060523/...s/bus_accident
Do you think this would be criminally negligent homicide? These are the New York State laws defining criminally negligent homicide:
125.10 Criminally negligent homicide.
A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.
Criminally negligent homicide is a class E felony.

§ 15.05 Culpability; definitions of culpable mental states.
The following definitions are applicable to this chapter:
4. "Criminal negligence." A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
Meanwhile, condolences to the grieving girl's family, the witnesses of such a grisly accident & ... I'm just not sure what to think about the boys' families - was this just a childish prank gone horribly wrong, or some brats out continually making mischief??? What do you think?
post #2 of 15
I am not a neurologist but 8 year old s brain development ( mainly the frontal lobes to see what may happen) arent developed enough to charge criminally IMHO.///

I do feel so much for anyone involved ...
post #3 of 15
I must agree with sharky....these kids were too developmentally immature to truly comprehend the dangerousness of what they were about to do. Should they be punished? Yes! But should they be charged with homocide? Absolutely not.
post #4 of 15
I agree with what has already been said. These young,very young, boys didn't knwo that they were going to end up killing a little girl who was probably their friend. They were just playing around. They should be indeed punished but not to that extent. I don't know how you punish and 8 year old for something like that. he is going to knwo for the rest of his life that he killed that little girl. That is a big burden.
post #5 of 15
"The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."


I agree with what has been said. I don't think that the boy's failure to perceive the risk is a "gross deviation" at his age.
post #6 of 15
I don't think an 8 year old would consider that fooling around with the brakes could lead to a little girl being killed. At 16 yes but not that young...
post #7 of 15
I think he meant to do harm but not to kill someone. He probably thought it would be fun to crash the bus.
I have worked with 8 year olds who KNEW what they were doing when they attempted to stab someone, rape someone, etc. Kids are not like they used to be.
post #8 of 15
Wow... I would recommend a relocation for that boy. Move halfway across the country, where he won't have to live with the stigma of having something that he just meant to be a mean prank turn out to kill someone...
post #9 of 15
It depends on the kid and his situation. If he was otherwise a good kid, and not always in trouble, that should be considered.
If he is just a rotten little beast, as could be proved by his "normal" behavior, he, or they, should be punished.
I had a kid probably around that age try to carjack me one time.
post #10 of 15
Reminds me of the start of that film 'Sleepers'.
post #11 of 15
He should be held responsible for what he did in someform...homicide..i dont know...but i also dont know of what an appropriate punishment would be.
post #12 of 15
This young generation is much more intelligent than what we used to be
post #13 of 15
So they are more intellegent but are they more mature? Do they have the ability to think about the consequences of their actions? They don't have the ability to think that their little prank could kill someone., if you ask me.
post #14 of 15
Quote:
Originally Posted by Phenomsmom
So they are more intellegent but are they more mature? Do they have the ability to think about the consequences of their actions? They don't have the ability to think that their little prank could kill someone., if you ask me.
ahhh no, but what 8 year old would think its funny to crash a bush with lots of people in it?

Its a weird situation, it should be punished though.
Not for Homocide
post #15 of 15
Last time I checked 8 yr olds are kids. Kids should not be charged with a felony.
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