Fits Him to a T

Posted by Mike from Dallas on June 13, 2010:

It's a popular misconception that convicted juveniles must be released at 21. Nearly all states (IF not all) set the age of adulthood at 18, coinciding with the passage of the 26th Amendment setting the national voting age at 18 in 1971.

For criminal prosecution of minors, there is little need to try juveniles as adults in misdemeanors, since the maximum possible penalty is only 1 year in jail and more often it's probation plus fines. The maximum is usually reserved for repetitive offenders.

For felonies, the range of penalties depend on the degree of the felony, and can also vary widely just for adults. For simplicity, let's just take murder in which the death penalty would apply. 34 states have the death penalty (whether or not it's actually applied).

In March 2005, the US Supreme Court struck down execution of JUVENILES as a violation of the 8th Amendment.

However, in states which permit it, juveniles can STILL be sentenced to life in prison.

Prior to 2005, juveniles could be sentenced to death in 3 states as young as 14. 7 states had no minimum age at all. (Source)

In most states, much more leeway is given to sentencing juveniles than for adults, so there is the risk that a juvenile who commits an especially heinous crime may still receive only a very slight sentence.

In some states, sentencing is imposed by the judge while in other states, it's the jury which determines the sentence. However, lately there has been a trend toward laws establishing minimum sentences for various crimes, regardless of mitigating circumstances. Zero Tolerance in the legal system, really. Such minimums do not exist in juvenile law, so by trying them as adults, a minimum sentence is guaranteed upon conviction.

Rarely does a juvenile get the basic "slap on the wrist" for murder, but as expressed in this forum, there is a widespread belief that they do. While juveniles do not normally get life sentences for murder, they do get up to 25 years, with eligibility for parole, just as most adults do. For other felonies, juveniles do receive lighter sentences, just as so many adults do. Juveniles do, in fact, receive much lighter sentences than adults would in identical cases, but again, I repeat that they don't get off with a slap, or automatically released at 21, or even 18. And trying them as adults will not guarantee heavier sentences except where mandatory minimums are established.

I repeat, also, that Mandatory Minimums institutionalize the concept that our legal system is a major failure. If you believe that the system is a failure, I ask why you continue to support so many billions of tax dollars in legislators, police, prosecution, and prisons for such a massive failure. And if, further, you believe you have no choice but to suffer under such a monumental failure, why would you continue to live in a land where such misery is forced upon you?

Lastly, while juvenile criminal records are, indeed, sealed when an individual turns 18, that is not the same thing as being expunged. Such records are still available for life to law enforcement officials and prosecutors, as well as for government security clearances. They simply are not available for perusal by the general public for curiosity sake.

As long as I'm doing an essay here, let me add that for someone to portray a minor on the internet, they do NOT want to suggest that an adult meet them. That's entrapment. But there are plenty of adults to make that suggestion without prodding, and acceptance by the "minor" is not entrapment. Those transcripts are very necessary for prosecution as evidence to the jury, and any invitation to meet by the "minor" wipes out all the work.

Rarely does a predator just out and out ask a minor to meet for sex, although sometimes that's all it takes. But usually it's masked in other, more innocent lures designed to pique the minor's interest. In a sting, all the "minor" has to do is simply remain interested. The adult will do all the necessary work to hang himself.

Posted by Terry, NJ on June 14, 2010:

@Mary, Nebraska: (I'm ticked off again, I apologize for the rant in advance)
As a 23 year old woman that has taken college-courses in Psychology and Sociology, and had friends that would go into chat rooms as a young teen (13), I think I know pretty well what this "young girls thing" is about. Attention is a major factor, yes, but exploring sexuality is a huge part of being a teen. Personally, I think that a 13 year old that /doesn't/ know about sex is being abused by way of neglect. Especially w/ the internet. If parents don't warn kids about "bad adults online" with specific examples, how will they know the warning signs?

Kids start asking questions about "where babies come from" almost as soon as they can talk. There is evidence supporting *fetuses* touching themselves. Humans are sexual beings, like most other living things on Earth. "Back in the day" if you weren't married by 14, you were an old maid! I'm not recommending a regression to this, however.

I am also personally offended at your assumption that I will be taken advantage of, and your implied wish that it happens multiple times! Parents should educate children about the dangers online, and monitor their usage. Thinking of what I could have done because I didn't know any better is scary now, but I never gave out personal information because that was drilled into me. Learning by experience is certainly effective, but I'd hope that we'd do all we can as adults to educate and protect our children so they don't need to learn the hard way.

This feels really off topic because there was NO minor involved in this incident. I apologize if that's the case, and for my tone. Reading "The Dumbest Generation" fueled my fire for writing this.

Posted by Sean from Canada on July 27, 2010:

Out of curiosity, has anybody here talked to any teenage girl who had sex with an older guy she met online? Maybe you could learn the actual reasons for why she did it, instead of just speculating.

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I would imagine the reasons would be as varied as the girls themselves. -rc