5-year-old stabs 3 people over a juice box

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Asp-Z
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28 Feb 2012, 4:21 pm

Feralucce wrote:
Asp-Z wrote:
Oh yeah, punishing people for breaking the law is real oppressive... :roll:


I notice you are not addressing my scenario. May I ask why?


Because you're exaggerating things in a way which is clearly not sensible. However, my response would be that, if charges were filed for such a small thing, then the court probably wouldn't bother doing anything about it, regardless of the age of those involved, because they're family and the item in question is small, plus in the scenario you've created, the owner of the item would most likely get it back due to intervention from the parents anyway.

Clearly this is in no way comparable to a 5 year old stabbing people.



Feralucce
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28 Feb 2012, 4:36 pm

Asp-Z wrote:
Because you're exaggerating things in a way which is clearly not sensible. However, my response would be that, if charges were filed for such a small thing, then the court probably wouldn't bother doing anything about it, regardless of the age of those involved, because they're family and the item in question is small, plus in the scenario you've created, the owner of the item would most likely get it back due to intervention from the parents anyway.

Clearly this is in no way comparable to a 5 year old stabbing people.


ACTUALLY... it is in EVERY way comparable. A child, under the age of cognitive responsibility committing a crime. By your arguments, all crimes should be punished no matter the age. Below that line, age is pretty meaningless, until cognitive abilities develop, criminal charges are inappropriate.

Let's adjust it then... The twins are in a sand box and one hits the other with a shovel, this makes it assault with a weapon - a directly comparable offence. Should twin A be tried under criminal code?

If you are drawing a line because the children are 2 years old... how is this any different than a 5 year old.

Where do we draw the line age wise? What if it's friends... CHild A attacks CHild B with the shovel and child b goes to the hospital... it's assault...

You stated that ALL crimes need to be punished by criminal code...

by that logic, almost everyone here, while venting frustration about NT treatment of AS people, are guilty of hate speech, and in most states should have a record.

Where do we draw the line? Oh... wait... most states have... it's called juvenile offenses, mitigating circumstances and the age of accountability. Since the 5 year old falls far short of the age of accountability and barely qualifies for juvenile offender status, the child should not be punished, but see a mental health professional.

If that child has an Autistic Spectrum disorder, this even could well have been a warning sign.



Last edited by Feralucce on 28 Feb 2012, 5:59 pm, edited 1 time in total.

Sweetleaf
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28 Feb 2012, 5:23 pm

Asp-Z wrote:
Sweetleaf wrote:
What your aiming for sounds like a police state so, no thanks.


Oh yeah, punishing people for breaking the law is real oppressive... :roll:


Throwing 5 year olds in jail, and ensuring they have a criminal record for life, is kinda over-kill. That said where in the hell did I argue that people should not be punished for wrongs?

As for the law some laws are wrong, and if the law was throw 5 year olds in prison before they even have a concept of what a legal system even is it would be wrong.


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Asp-Z
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28 Feb 2012, 5:52 pm

Feralucce wrote:
Let's adjust it then... The twins are in a sand box and one hits the other with a shovel, this makes it assault with a weapon - a directly comparable offence. Should twin A be tried under criminal code?


Yes.

Sweetleaf wrote:
Throwing 5 year olds in jail, and ensuring they have a criminal record for life, is kinda over-kill. That said where in the hell did I argue that people should not be punished for wrongs?

As for the law some laws are wrong, and if the law was throw 5 year olds in prison before they even have a concept of what a legal system even is it would be wrong.


I never said they should be thrown in jail.

You're using emotions instead of logic by claiming it's "wrong". As I stated before, even if this person does not know what they did was wrong, they'll never learn otherwise if they can do it without any consequence.



Sweetleaf
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28 Feb 2012, 5:55 pm

Asp-Z wrote:
Feralucce wrote:
Let's adjust it then... The twins are in a sand box and one hits the other with a shovel, this makes it assault with a weapon - a directly comparable offence. Should twin A be tried under criminal code?


Yes.

Sweetleaf wrote:
Throwing 5 year olds in jail, and ensuring they have a criminal record for life, is kinda over-kill. That said where in the hell did I argue that people should not be punished for wrongs?

As for the law some laws are wrong, and if the law was throw 5 year olds in prison before they even have a concept of what a legal system even is it would be wrong.


I never said they should be thrown in jail.

You're using emotions instead of logic by claiming it's "wrong". As I stated before, even if this person does not know what they did was wrong, they'll never learn otherwise if they can do it without any consequence.


Well humans do have emotions, and its my opinion that would be wrong...I already used plenty of logical reasoning. And I'll give you that you did not say jail.....but you did say if a 5 year old commits a crime like this they should be arrested, put on trial and charged with a crime. I provided plenty of logical reasons why that would be detrimental as have others here.

But let me simplify again.

A 5 year old has no concept of the 'law' nor do they have the impulse control to follow laws or rules the way adults can...they do not have the mental capacity yet nor the reasoning skills. Also, it is unreasonable to give them a criminal record for life over something they did when they were 5. Do you remember every wrong you committed when you were 5? and your motivations? Do you think having a criminal record for all the crimes you committed as a 5 year old would serve any rational or logical purpose?


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Last edited by Sweetleaf on 28 Feb 2012, 6:01 pm, edited 1 time in total.

Asp-Z
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28 Feb 2012, 5:58 pm

What's your logical reasoning for letting people get away with criminal offenses without any legal consequences based purely on their age, taking into account what I said about them needing to learn the action is wrong?



Sweetleaf
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28 Feb 2012, 6:03 pm

Asp-Z wrote:
What's your logical reasoning for letting people get away with criminal offenses without any legal consequences based purely on their age, taking into account what I said about them needing to learn the action is wrong?


I am talking about 5 year olds, not people in general...the reasons have been repeated why arresting and charging 5 year olds with crimes would not help anything. It would be stupid not to take age into account in this particular case, because that is a factor.

I never once implied people should not be punished if they do something that hurts someone...now I personally do not agree with all of the current laws...however I am not suggesting people just get away with whatever they want no matter what it does to anyone else. so quit trying to put words in my mouth alright.


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Last edited by Sweetleaf on 28 Feb 2012, 6:05 pm, edited 1 time in total.

Feralucce
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28 Feb 2012, 6:04 pm

Aspie-z: the logic is clear. COGNITIVE REASONING DOES NOT DEVELOP THAT EARLY. If someone is not cognizant of what they are doing, then criminal charges are not applicable.

I am sure that every female driver in Louisiana is thankful that you do not run the criminal justice system.

I believe I am done speaking with you. I do not mean any slight by it, but no good can come of it. If I have been rude in my communications, I formally apologize as it was not my intent.



Asp-Z
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28 Feb 2012, 6:05 pm

Sweetleaf wrote:
Asp-Z wrote:
What's your logical reasoning for letting people get away with criminal offenses without any legal consequences based purely on their age, taking into account what I said about them needing to learn the action is wrong?


I am talking about 5 year olds, not people in general...the reasons have been repeated why arresting and charging 5 year olds with crimes would not help anything. It would be stupid not to take age into account in this particular case, because that is a factor.


As I said, I agree jail time would be silly but I still believe some sort of legal consequence should come into play because a 5 year old will never learn that this sort of action is bad if they're allowed to simply get away with it.



Asp-Z
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28 Feb 2012, 6:07 pm

Feralucce wrote:
Aspie-z: the logic is clear. COGNITIVE REASONING DOES NOT DEVELOP THAT EARLY. If someone is not cognizant of what they are doing, then criminal charges are not applicable.

I am sure that every female driver in Louisiana is thankful that you do not run the criminal justice system.

I believe I am done speaking with you. I do not mean any slight by it, but no good can come of it. If I have been rude in my communications, I formally apologize as it was not my intent.


Again, how will they learn the action is bad if they're not taught the action is bad?

Why specifically are female drivers in Louisiana happy I don't run the criminal justice system? I think, by the sounds of it, the entire membership of this forum is happy I don't run the criminal justice system :wink:



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28 Feb 2012, 6:11 pm

Asp-Z wrote:
Sweetleaf wrote:
Asp-Z wrote:
What's your logical reasoning for letting people get away with criminal offenses without any legal consequences based purely on their age, taking into account what I said about them needing to learn the action is wrong?


I am talking about 5 year olds, not people in general...the reasons have been repeated why arresting and charging 5 year olds with crimes would not help anything. It would be stupid not to take age into account in this particular case, because that is a factor.


As I said, I agree jail time would be silly but I still believe some sort of legal consequence should come into play because a 5 year old will never learn that this sort of action is bad if they're allowed to simply get away with it.


I think there are other more effective ways to teach 5 year olds that stabbing people is wrong other than bringing the legal system into it. If we brought the legal system into it every time a kid breaks a rule, it wont help.

How do you honestly expect a 5 year old to comprehend the process of being arrested, put on trial and charged with a crime? Also as has already been stated 5 year olds do not have very good impulse control....nor do they have developed good reasoning skills therefore charging a young child with a crime that will stay on their record for life every time these factors come into play and they do something they shouldn't would not teach them anything useful.


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Asp-Z
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28 Feb 2012, 6:13 pm

Don't you think people who associate with this kid as he grows up should know that he stabbed people when he was younger?

The process would sufficiently scare him into not doing it again.



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28 Feb 2012, 6:19 pm

Asp-Z wrote:
Don't you think people who associate with this kid as he grows up should know that he stabbed people when he was younger?

The process would sufficiently scare him into not doing it again.


Using fear to control people only builds contempt.

That said, you're wrong........due to the lack of impulse control and reasoning skills a 5 year old has, they cannot control their behavior as well as an adult so there is no garante at all they would not commit more crimes as you say. So All that would do is brand small children as criminals, in turn causing them to be treated like criminals for the rest of their childhood and what do you figure they might end up becoming when they grow up?


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Asp-Z
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28 Feb 2012, 6:24 pm

You could make the same argument for people of any age.



Sweetleaf
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28 Feb 2012, 6:27 pm

Asp-Z wrote:
You could make the same argument for people of any age.


According to everything I've learned in psychology that is false...It is a fact that a 5 year old child has not developed impulse control, reasoning abilities, ability to comprehend all their feelings, surroundings, what is going on, and are still learning right from wrong, and that other people have feelings to. These things take a while to develop.

Take a psychology class if you ever go to college when you're done with high-school, you might learn something.


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28 Feb 2012, 6:44 pm

Again, a sense of right and wrong is learnt from society - you should listen more in those GCSE psychology classes of yours :wink: