At what age does a child understand and distinguish right and wrong?

The legal status of children in the United States varies depending on where you live; each state makes its own policy decisions on the crucial question of age and competency. Homicide !urder is defined as accidentally" or intentionally causing the death of another human #eing. Homicide !urder committed #y a $uvenile in Utah is almost always filed directly in adult %istrict &ourt if the Utah $uvenile is over '( years of age. )f the $uvenile is under '(" #ut over '* years of age the case will #egin in the $uvenile court and then move to the adult %istrict &ourt. +)n !assachusetts" '*,year,old -hilip &hism sits in $ail" charged with murdering %anvers High School teacher &olleen .it/er and awaiting a grand $ury decision a#out whether he should #e tried as an adult. )n 0evada" a '1,year,old #oy is dead #y a self,inflicted gunshot wound after killing a teacher and wounding fellow students at Sparks !iddle School. )n &alifornia" a #oy who was '2 when he shot and killed his a#usive neo,0a/i father awaits sentencing as a $uvenile.3 45hadaroo6 These are a few e7amples of tragic headlines from last 8cto#er 12'9. :ach case is different" #ut collectively they prompt people to wonder if younger Americans are turning into murderers. ;hat drives youngsters to commit such violent crimes? Are children #orn evil? 8r is to something in their up#ringing that has warped their moral sense and ro##ed them of the skills to resolve conflicts peacea#ly? -eople often struggle to understand the motive #ehind violent crimes" especially #y children. -hil &halmers was so interested in these questions that he spent 1< years interviewing more than 122 young murderers and writing the #ook" +)nside the !ind of a Teen 5iller.3 8n the #asis of those interviews he now speaks with groups all over the United States a#out '2 causes he identified. +Usually three or more of these factors are present in teen killer=s #ackground. The most common> an unsta#le home or #eing #ullied at school" o#session with

violent entertainment" #eing suicidal" or involvement with drugs and alcohol. Among other common factors were gang or cult involvement" and mental illness.3 45hadaroo6 &halmers says many teens e7perience several of those factors and few #ecome killers. He teaches people to look for warning signs that someone may #e headed toward violence. He added that #ecause adolescents tend to #e more impulsive" their reasons for killing are often trivial and that although most of the teen killers he interviewed will never get out of prison" the ma$ority are remorseful. Another factor that has shown to increase the risk of $uvenile violence is damage to a developing #rain. )n a study" completed #y the University of Southern &alifornia" the medical records of ?"222 women who gave #irth several years ago were reviewed. The study found that #irth complications" such as a #reech #irth" significantly raised the likelihood that the child would have a violent criminal record #y age '@. Although it notes that up#ringing is also key in molding these children. The study speculates the infants may have e7perienced damage to the #rain that helps cur# aggressive impulses. 8r there could have #een general impairment of the #rain=s information processing a#ilities" which made it harder for a child to comprehend common social rules or to function well in school. Another important factor is a mother=s use of recreational drugs" alcohol or to#acco during pregnancy. )t has also #een linked to her child=s risk of future criminality" again #ecause these su#stances may harm a fetal #rain. This #rain research has contri#uted in recent years to the understanding that $uveniles should #e seen as redeema#le" #ecause they are still developing. +They don=t have a lot of life e7perience to put their current situation in conte7tAThey feel things very intensely. They have a #reakup and it=s the end of their life #ecause they=ve never gone through that #eforeA)t doesn=t change the fact that they may have done something really terri#le" #ut it changes the conte7t of how we understand what happened. Acknowledging the science on adolescent development" the US

Supreme &ourt ruled that mandatory life sentences without parole were unconstitutional for anyone under '@ at the time of the crime. Several years earlier" the court also outlawed the death penalty for offenders under '@.3 45hadaroo6 !any researchers #elieve that #y the age of fourteen" an adolescent has the same a#ility as an adult to make a competent decision. 0evertheless" according to some a $uvenile=s a#ility to theoretically understand the deference #etween right and wrong does not mean that she or he should #e held to the same standards of competency as an adult. The num#er of violent crimes committed #y youths under the age of eighteen has provided a strong incentive for law enforcement departments to set up special services for children. Sometimes this will #e a $uvenile officer who operates either alone of as part of a $uvenile unit. The initial contact #etween the $uvenile and the criminal $ustice system is however usually handled #y a police officer on patrol. +-olice arrest a#out '.9 million youths under the age of eighteen each year. )n most states" police officers must have pro#a#le cause to #elieve that the minor has committed an offense" $ust as they would if the suspect was an adult. -olice power with regard to $uveniles is greater than with adults" #ecause police can take youths into custody for status offenses" such as possession of alcohol or truancy. )n these cases" the officer is acting in loco parentis" or in the place of the parent. The officer=s role is not necessarily to punish the youths" #ut to protect them from harmful #ehavior.3 4Baines !iller6 -olice officers have a great deal of discretion in deciding what to do with $uveniles. )f the police officer feels the offender warrants the attention of the $uvenile $ustice process" the officer will refer the youth to $uvenile court. 8nce this step has #een taken" a complaint is filed with a special division of the $uvenile court" and the intake process #egins. )ntake is the process #y which an official of the court must decide whether to file a petition" release the $uvenile" or place the $uvenile under some other form of supervision.

The intake officer has several options during intake. Some forms of punishment include residential treatment programs" #oot camps" training schools and transfer to adult corrections. The United States is the only country in the world that routinely sentences $uveniles to life without parole. Cife in adult prison is particularly cruel for young offenders" who are su#$ected to a great deal of physical" mental and even se7ual a#use. However" life without parole is a rational and moral response to the worst of criminal acts such as homicide murder. )n Utah" the Duvenile &ourt has e7clusive original $urisdiction over youths less than '@ years of age who violate and federal" state" or municipal law. )n addition" the &ourt has e7clusive $urisdiction in traffic offenses involving minors related to automo#ile homicide" driving under the influence of alcohol or drugs" reckless driving" $oy riding and fleeing a police officer. Utah Duvenile Dustice Services treats $uvenile offenders as people who need reha#ilitation instead of criminal punishments. Therefore" $uveniles are not +convicted3 of a crime" #ut are found to have engaged in delinquent conduct. However" while $uvenile law was initially aimed toward reha#ilitating young offenders" it has changed into a system in which $uvenile records and ad$udications can follow your children into adulthood. Here is one Utah e7ample of $uvenile homicide murder> +A Utah teen recently pleaded guilty to manslaughter in $uvenile court after initially #eing charged with murder in adult court in !oa#" Utah. Setting the Scene The teen shot and killed his mother=s #oyfriend while the man slept. Authorities #elieve that the #oyfriend had given the young man drugs and was prepping him to #ecome a drug dealer" too. The teen wasn=t alone in his actions" however. Another young man has pleaded guilty to a second degree felony count of o#structing $ustice" also in $uvenile court. They Werent On their Own

Cest you think two '(,year,olds carried out the entire scheme on their own" they did have help when it came to attempting to conceal the crime and hiding the #ody. A few adults are still under investigation for their alleged roles in o#structing $ustice" particularly for suggesting how and where to dump the #ody. The teen=s mother has also pleaded guilty to o#structing $ustice and earlier this month was sentenced to spend ?2 days in $ail. The prosecutor in this case e7plained that some of the reasons for the reduced charge of manslaughter in $uvenile court include the teen=s age" previous head in$uries that affect his cognitive a#ilities and the influence of and pressure from adults encouraging him to take action against the #oyfriend. Detention May be for the Best Since the teen will #e spending the ne7t four years in a $uvenile detention facility" hopefully he will receive the help and treatment he needs as well as develop the desire to make positive changes in his future life. -erhaps #eing away from negative adult influences will also add to the chances of his reha#ilitation.3 4Simms6 The Duvenile crime rate in Utah has dropped from more than (E to less than 'E over the last twenty years and e7perts attri#ut the decline to the state=s approach to corrections and prevention. )n conclusion" ) #elieve prevention is critical. ;e can target issues such as mental illness and #rain damage" handgun control" media violence" child a#use and also address pregnant women=s a#use of drugs and alcohol. ;e need to continue to have schools implement intervention programs to teach children how they can use nonviolent tactics in pro#lem solving situations. !ost of all at the individual level it=s crucial that parents or other adults in a child=s life intervene quickly if they spot trou#ling #ehavior patterns.