Treating teens as adults

[Faithless]

Heard this interesting argument on a newstalk show about --
* Teens who commit murder, vs.
* Teens who engage in consentual sex with an "adult" (older than a teen).

I guess, it's an extension of this YW one:
http://forums.yellowworld.org/showthread.php?t=6705

The argument went this way:

If a teen can be held accountable for committing murder to the extent that they can get the maximum sentence, shouldn't they be allowed to be more accountable for having consentual sex? (Or something like that.)

Do you buy that?

It sounds convincing. But I think there's a falacy that I can't necessarily articulate. They're still basically young minds. And it's not like they're all doing it.

[LaiSteve66]

Selling the first one is a lot easier than selling the second. Most people don't have a problem with trying a teen murderer as an adult (I think). However society doesn't like underage people having sex for a multitude or reasons, especially with 'adults'.

The logic? I'm not sure. I think we'de be better off if teens didn't have sex, but it is an idealistic expectation.

It's like 18 year olds can join the army and use dangerous weapons but they're not old enough to drink.

[Yeahman]

I have a problem with trying a teen murderer as an adult. Set an age of accountability and stick with it. You're going to deny the underage all the benefits of being an adult but still treat them as one when they do something wrong?

[FuriousFob]

With regard to law, not only is its logic inconsistent, but it moves slower than a dinosaur. And dinosaurs are dead. Law, evolve already.

[Faithless]

I have a problem with trying a teen murderer as an adult. Set an age of accountability and stick with it. You're going to deny the underage all the benefits of being an adult but still treat them as one when they do something wrong?
A premeditated act is a premeditated act, isn't it?

Like that kid in Cali who killed some famous TV lawyers wife in their house. He knew what he was doing. Isn't it the type of crime more than his circumstance?

[kasia]

A premeditated act is a premeditated act, isn't it?

Like that kid in Cali who killed some famous TV lawyers wife in their house. He knew what he was doing. Isn't it the type of crime more than his circumstance?

that's my hometown. and i don't believe it was premeditated. he didn't expect her to be home and reacted out of shock when she appeared out of nowhere.

but in response to the thread:

i don't think i necessarily disagree with the analogy. with prostitution, they don't punish just the prostitutes but the johns as well. the idea is that they are both contributing to this social vice. but prostitution is a specific intent crime. the prosecution has to prove that the johns had the specific intent to engage in prostitution.

some questions:

is having sex with a minor necessily and social vice?
so are you saying that we should create a consent element to statutory rape? if there is consent, then both parties should be held liable? and should there be some guideline to show whether or not he or she is old enough to give real consent? how would we determine that?

[Faithless]

...
is having sex with a minor necessily and social vice?
so are you saying that we should create a consent element to statutory rape? if there is consent, then both parties should be held liable? and should there be some guideline to show whether or not he or she is old enough to give real consent? how would we determine that?
I don't think I could honestly make any case to justify a dude's sex with a teen.

As the Cheech and Chong skit goes, "Bailiff, whack his...".

But if I understand the guy's argument, maybe it shouldn't be considered a crime, if the teen had supposedly consented.

And as far as that kid who kills that lady in her home: He could have just run off. He ends up getting busted anyway. But rather than being busted for breaking-and-entry, he's busted for murder. But not just a manslaughter like act, a particularly violent act.

[kpih]

Ultimately, underage sex is classified as a status offense. Whereas premeditated murder is not. The implications are vastly different.

And, in my backyard (not literally)...

http://www.msnbc.msn.com/id/10834294/

For those who are interested...

http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/

Insightful film. Slightly outdated but still good. I use the film as a teaching tool all the time.

[Azn Retribution]

so lemme guess you want something along the lines of.

Judge: This gangrape committed by these teens is hereby dismissed on the grounds that "boys will be boys"

I'm sorry

hormones and lack of experience/wisdom don't give you permission to break the most obvious rules of society.