I just saw a disturbing video of a german girl, 13 years old, that got brutally assaulted by a group of maybe 3-5 other girls (I think they are 12-17 years old). They punched and spit her in the face, put gum in her hair, put out a cigarette on her cheek, burnt her hair and poured coke all over her. They filmed everything.
I couldn’t find anything about them beeing sentenced to jail but since the german law is not really harsh against assaults/raping etc, I wouldn’t be surprised if they got away with it. I think you can’t even be hold accountable for murdering someone if your under 13 years old.
I know the american system is far from perfect but my first thought was: What would happen to them in the USA?
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In the United States there are over 12,000 people serving a life sentence for a crime committed under the age of 18. The youngest was a 12 year old Florida boy who killed a 6 year old kid
Yes, we have juvenile detention facilities that would be appropriate for a situation such as this
it’s hard to say exactly what would happen in the US because it varies hugely by state and county, since each state has their own rules about at what age you can be held criminally responsible for your actions, and the preferences of an individual DA in how and who they charge varies at the county level.
In general, the rules about charging minors are fairly similar in the US and Germany. The US tends to lean more towards allowing minors to be charged than Germany does, but like I said it varies widely.
Using the ages you gave, 17-year-olds would almost certainly be tried as adults. The 12 and 13-year-olds *could* also be (again, heavily depends on jurisdiction), but in most cases I would expect them to get something like community service and/or mandatory counseling *assuming* they had no other prior records with the law.
Usually, juvenile courts focus more on rehabilitation than punishment, which is something our adult justice system is exceptionally bad at.
juvie
We have thousands of different court systems out, thousands of prosecutors, tens of thousands of police, tons of social workers. All of that will vary depending on the law and context of whatever happened.
In my neck of the woods, unfortunately the swim team at the local high school has a history of hazing underclassmen. Twice the hazing has reached criminal prosecution, the crimes were sexual in nature, and the perps were affluent members of the community. And twice the minors have gotten off with slaps on the writst, no felony convictions, and no registering as a sex offender.
They would be put in juvie then transferred to a real prison when they turn 18. The US can learn a lot from Germany, this is not it.
Here in the US the age of responsibility ranges from 6-12 depending on the state, it’s 11 for federal crimes. They’d most likely be convicted and placed in juvenile detention which is a lot more focused on rehabilitation then the adult system. If you commit a crime while over 18 (age of majority) then you’re sent to the adult/regular system, there’s a bit of a grey area with 15/16/17yos sometimes being tried as an adult for more serious crimes but still usually tried in juvie. Personally I lean towards never charging them as adults but that’s how the system works.
>I think you can’t even be hold accountable for murdering someone if your under 13 years old.
The exact age varies, but most (all?) US states do have a minimum age of legal responsibility. Generally that is younger than 13. In Pennsylvania, it is 10 years. Below this age, it is not possible to be held legally responsible for any crime.
Depends on your DA. In California pretty recently, there was a premeditated attempted murder over a boy and she got no charges brought against her
They may get sent to a juvenile detention facility. In some states children can be tried in court as adults if the crime is especially bad. Someone who’s 17 would likely be tried as an adult but again it depends on the state and crime.
Like others have said, it varies a lot by state, but there’s still a general checklist:
First, about half the states have a defined minimum age of legal responsibility. This is somewhere 6-12. In these states, if you’re under that age you can’t be charged.
Second, the state’s prosecutor has a lot of leeway on whether to bring charges. They may decide not to charge a minor, especially a younger one, if they feel they don’t have a solid case.
If charges are brought, the child will either be charged as an adult or a juvenile. Most states have a minimum age to be charged as an adult, a few don’t. Even if you’re old enough to be charged as an adult, it isn’t a guarantee. You’re a lot more likely to be charged as a juvenile if it’s a spur of the moment crime (kid gets into a fight and someone dies) or egged on by adults (adult brings younger friend/relative to commit a crime and someone dies), less likely if it is something planned without adult influence.
If you’re tried as a juvenile, you’ll have a trial in front of a judge who decides your sentence. Juvenile sentences only last until you turn 18—so if a 17 year old is tried as a juvenile, they won’t ever spend more than a year in detention. You will stay in a juvenile facility in the meantime. Juvenile records are also generally sealed, so once you’re an adult no one can find out that you’d committed a crime.
If you’re tried as an adult, you will go through the justice system like any adult, will generally have a jury trial, and can receive any sentence except the death penalty. You’ll serve your sentence in a juvenile facility until you turn eighteen, and then be transferred to an adult prison.
We have Juvenile Detention Centers (Prison, for kids who are *real* assholes) although it differs state to state and case by case on who actually goes there. I don’t know if a 13 year old would be sent to Juvie (the slang term for it) but I would say in most cases no because of how young that person was and that would most likely defer them to mandatory therapy.
However, some children, usually the ones gangs recruit, commit acts so heinous that the city decides to try them as adults. The closer you are to 18, our age of legal maturity, the more likely the judge will agree to that. But those are special circumstances.
As for treatment in these places, I don’t know. I don’t watch prison shows except for Scared Straight because I like watching the kids who think they’re tough cry like the little bitches they are.
In NY, basically nothing.
Juvenile detention center. Separate from the adult prisons. Although some are tried as adults depending on circumstances. Yeah, most people know basic right from wrong as a kid. Upbringing can skew this though
I can only speak for my area, other states and regions are different.
If they were caught, they would be charged with assault and battery.
The severity of the charges depends on the damage done. Break a bone or cause somebody to need stitches that will be more severe than if you just slap somebody around a bit.
I have a few kids that were charged with attempted murder, they did 8 months in Juvenile Hall (kid jail).
I have two students charged with murder, they are facing 25 years to life in jail.
Definitely Juvenile Hall.
Coincidentally, this was posted in my states sub just below in my feed: https://www.necn.com/news/local/2-teens-arrested-after-allegedly-stealing-rifle-from-mass-state-troopers-cruiser/2953430/
They would be sent to juvenile hall at worst, someone 13 or under probably wouldn’t unless they murdered someone or something very serious
Usually the court system gives kids a slap on the wrist, unless they commit serious violent crimes
The criminal justice system is different in every state. All states allow for children to be prosecuted (and imprisoned), but the minimum age varies by state. 25 states have no minimum age, the most common other minimum is 10, the highest minimum is 13 (New Hampshire).
In some states, murder also automatically puts a person into the adult court system, no matter how young.
Children are often given a bit of latitude around assault-type charges– basic bullying is usually addressed by the child’s school and family– but the situation you describe sounds like it would likely lead to criminal charges here.
Imprisonment is another hurdle. Yes, we do have prisons for children. But most people found guilty of crimes (both children and adults) are sentenced to things like probation, counseling, community service, except for habitual offenders and the most serious crimes.
“Juvie” (juvenile detention)
In most European countries children under 14 can’t be held accountable for any crimes. There are certain institutions for children that commit such crimes, however it is not officially jail. They are mostly institutions which focus on psychological therapy and prevention.
Nevertheless, I agree with you. Even children should be able to be locked in a „prison“ after committing serious crimes. Even though that’s something the US does right in my opinion, from what I’ve seen on TV and documentaries US juvenile prisons are a lot like adult prisons in the US, leading to the offender becoming an even better criminal.
Maybe a mix of the two system would work but who knows.
The American common law system typically follows the 7/7/7 rule as far as liability goes. Those under 7 are dealt with the most leniently. Between 8 and 14 they are dealt with more harshly with the idea that within this range, children ought to know the difference between right and wrong. Then anything between 15 and 21 (legal age for drinking and smoking) is held in the strictest regard in which most people in this range can be tried as adults for many crimes and ought to know the difference between right and wrong and how to act as a responsible member of society. It is also this age range in which you are you are allowed to acquire a job and get the ability to vote. You will find the least amount of sympathy for young offenders within the 15-21 range.
Germany here: juveniles from 14 years onward get punished for crimes. That might even include emprisonment. The younger ones are usually taken out of their families to grow up in juvenile homes or juvenile psychiatric institutions.
But: in any kind of ‘punishment-setting’ there will be an aspect of resocialisation.
At the moment we have a far harder crime than what you have seen: a twelve year old got stabbed to death by a 12 and a 13 year old.
That is horribly disgusting and just brought a tear to my eye.
My parents always taught me but to never throw the first punch. Were allowed to defend ourselves here.
As for the kids who jumped the poor girl, we have juvenile detention centers. I’ve only known it to be for extreme cases but I assume it depends on the state and case. Otherwise, I’d assume the parents would go after the parents personally (legally I mean). I know at some point they can be tried as an adult.
Depends on their race.
In the US we have juvenile detention so youth prison but if it’s severe enough they can also be tried as an adult or have a transfer to an adult prison when theyre old enough.