Assessing capacity to develop criminal intent

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Reference no: EM133620929

Assignment:

Story 1: An 18-year-old freshman student at a university in New York City walked across a park on her way back to her dorm in December 2019. She was stabbed to death in an apparent robbery attempt. The case generated national new media attention. The three individuals arrested were 13-and 14-year-old kids. Instantly, debates emerged about what punishment they might deserve if convicted of the crime.

Story 2: An 18-year-old in Ohio was accused of beating his mother so badly that she died a few days later from internal injuries. The suspect was an adult whose intentional violent actions caused a death. However, the suspect's autism gave him a limited ability to communicate. He used specific words and phrases that only his mother understood. Jail officials, lawyers, and judges made accommodations to detain him safely in his jail cell: the deputies positioned a television set just outside the bars and played recordings of The Price Is Right over and over again, because watching his favorite show kept him calm; friends and relatives were permitted to bring barbecue potato chips, McDonald's Happy Meals, and items from his bedroom at home. In the days following his arrest, officials struggled to decide how best to handle his case, given their doubts about his ability to understand criminal charges and contribute to his lawyer's preparation of a defense.

Story 3: In Arizona, an eight-year-old boy shot his father and another man at point-blank range with a hunting rifle that his father had given him for his birthday. He stopped and reloaded as he shot each victim at least four times. He was charged with premeditated murder. Some news reports indicated that the boy was tired of being spanked by his father. While this was clearly a homicide, should an eight-year-old be held criminally liable for his actions?

Story 4: In South Carolina, a 12-year-old boy named Christopher Pittman walked into his grandparents' bedroom one night and killed them with two blasts of a shotgun as they slept. He was a troubled boy who lived with his grandparents because he had been abandoned by his mother and had serious conflicts with his father. At the time, he was taking an antidepressant medication prescribed by doctors-but one that cannot be prescribed for teenagers in some countries because it is known to affect thinking and behavior. Could the medication have affected his thinking so that he did not genuinely have the requisite intent to commit the crime? Did he really know what he was doing that night?

Questions:

  1. What guidelines or principles could we establish to assist in assessing capacity to develop criminal intent, and subsequently, eligibility for punishment?
  2. Would a case-by-case approach effectively analyze each defendant's capability to develop criminal intent? Explain your rationale.
  3. What sentence would YOU impose for each of the defendants profiled here, and why? List each defendant separately and provide a specific rationale for the sentence you imposed.

Reference no: EM133620929

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