1. #1
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    Youngest Age you can charge a Juvenile?

    Hello,

    One of my fellow officer's has a case involving a CSC 1st of a 10 year old and a 4 year old. We were talking about a case he is working on and he was wondering if there is a statute regarding a certain age a child is cognitiviley(sp) capable of understanding the crime he committed. We both thought that there was one, but we can't seem to find it. I thought I remember something in the academy about the age of 8 years old. (My department is located in Michigan.) Anyone else know if the 10 year old child is old enough to understand what he did or is this just a rule of thumb we are both thinking of and not a statute? Thanks for the help.

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    Contact your local prosecutor's office or district attorney's office and ask them. They will be able to give you the best information.
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    In Washington State a child as young as eight can be charged with a crime, under certain circumstances. Otherwise, they're good to go on their twelfth birthday.

    The relevant statute is RCW 9A.04.050: Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.

  4. #4
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    Quote Originally Posted by policetrack View Post
    Hello,

    One of my fellow officer's has a case involving a CSC 1st of a 10 year old and a 4 year old. We were talking about a case he is working on and he was wondering if there is a statute regarding a certain age a child is cognitiviley(sp) capable of understanding the crime he committed. We both thought that there was one, but we can't seem to find it. I thought I remember something in the academy about the age of 8 years old. (My department is located in Michigan.) Anyone else know if the 10 year old child is old enough to understand what he did or is this just a rule of thumb we are both thinking of and not a statute? Thanks for the help.
    I think in MI it's going to be 14, not 8: http://www.ncjrs.gov/html/ojjdp/195420/page4.html

    As stated above, contact your local DA's office for further specifics.

    EDIT: Rereading this thread, I think I misunderstood the question as what age a juvenile could be charged as an adult for a crime, vice charging a juvenile with a crime through the juvenile justice system. If the latter is sought by the OP, disregard my info above.
    Last edited by Kimble; 06-30-2011 at 09:11 PM.

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    Depends on the state. I believe most states operate under old common law, which is what you might be thinking of. Children under seven are conclusively presumed incapable and children seven to fourteen are presumed incapable, however that presumption may be overcome based on evidence, circumstances, etc.

  6. #6
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    In Colorado it is 10 years old.

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    In Louisiana the age of culpability is 10yrs old. Once they make 10 they can be charged criminally in the juvenile system with a crime. At 9yrs and 364 days old they can massacare an entire elementary school and cannot be charged with any crime.
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    I think the Officer has to be at least 18 to get hired. Usually 21. Figure the DA is at least 24 or so after law school. So I would say that you should be at least 21 to charge a juvenile with an offense.

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    In Maryland: 7 years old to get charged, 14 to be charged as an adult for the most serious violent felonies like murder and rape, 16 for most other violent felonies.

  10. #10
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    If this can happen to a 7 year old:

    CASEVILLE (WWJ/AP) A 7-year-old Michigan boy who drove a car at high speeds for 20 miles has been charged with unlawful use of a vehicle.

    Then I'm betting a 10 year old can be charged...




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    I've charged an 8 yo with TOP 1 once.
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  12. #12
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    Canada: 12 years of age; younger than that - refer to child welfare authorities.
    1975-10-27 / 2010-12-29: RCMP RM 32936. Just callin' 'em as I sees 'em! PM full - e-mail me. House paid, best health of my life, 33+ years married to the same hot woman, triple-dipping, lots of grand-kids, long dark luxurious hair - yep, retired is EXCELLENT!

  13. #13
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    Colorado is definitely 10 years old.
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  14. #14
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    I actually dont know if SC has a minimum to charge one child. Parents sure dont have a minimum of their child to call 911 over.

    Ive done juvenile petitions on some young as 8 and 12. Petitions are basically "arrest warrants" for a juvenile. They were habitual incorrigible children who just wouldnt listen to house hold rules. I think it was more of a parenting issue and not knowing how to properly talk to or discipline the child. My talkings never worked, just about every other deputy in the region spoke with the kids im refering to. We were always getting called to the home because the child wouldnt go to church, refused to get up and get ready for school, refused to turn his music down. It was about every day... The parents never seeked counseling or other services our department has available for families like that. I ended up writing multiple incident reports and eventually started forwarding juvenile petitions to family court to at least get something done to cut back on trips to the home. Family court has to issue a pick up order that allows L/E to detain the child and transport them to a juvenile facility to await a family court hearing within 3 days. It takes an act of congress to actually get this done if its not a felony charge. Even if its a felony it has to be pretty serious to actually house them.
    Last edited by DeputySC; 07-17-2011 at 11:50 PM.

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