@aperson,
aperson wrote:
In that case, what is your basis for trial as an adult, apart from being an adult?
Child and even teen brains do not have their full reasoning capacity online, nor do they have the same abilities as adult brains to inhibit behaviour. Full adult brain capacity is reached at about 25.
In most countries there is an age of criminal responsibility (in Oz it is 10) after which a juvenile may face legal consequences for criminal behaviour, but in western countries, at least, they are dealt with in the juvenile justice system, which is supposed to take into account their developmental stage, their circumstances, the possibilities for rehabilitation, as well as public safety, punishment and deterrence.
It is possible for children to know that something is wrong, but this does not mean that we are right to expect the same level of responsibility and behavioural control that we expect of an adult.
Gunga or someone is speaking with authority about "psychopaths", as though it is known that it is a physically based condition present at birth.
We know no such thing.
There IS likely to be some genetic influence....but people who point to brain scans showing certain similarities between "psychpaths" as being evidence that this is a purely physical condition ignore the fact that human brains are shaped profoundly by experience...especially experience in the first three years of life.
Seeing something on a brain scan in people with mental health problems is not conclusive evidence that psycho-social circumstances have not had a profound effect on that brain.
We know nothing about this child's circumstances nor what this child was exposed to.
Whatever the facts are, the child is still a child and does not, while knowing his acts were wrong, mean that he should be judged as though he had the mental capacity of an adult.
Clearly some very major intervention is required....but trying a child as an adult ought not to be part of such an intervention.