Fifth Graders Charged With Murder Conspiracy Are 'Danger to Others'

Share
Copy

Why Fifth Graders Were Charged With Murder Conspiracy

In the state of Washington, a child under the age of 8 is not capable of being charged with a crime because they don't have the capacity to comprehend things and have criminal intent. From ages 8 to 11, that presumption of no capacity exists but can be overcome if the state can provide evidence that proves otherwise.

In this case, the court looked at whether the boys understood the consequences of the act and determined they understood the consequences of what they planned and tried to keep it secret.

If convicted, the boys face a maximum guideline sentence time of about two-and-a-half years, Rasmussen said. However, if the judge finds that the guideline sentence is unjust he can potentially decrease or increase it. Confinement until the age of 21 is the maximum.

Page
  • 1
  • |
  • 2
Join the Discussion
You are using an outdated version of Internet Explorer. Please click here to upgrade your browser in order to comment.
blog comments powered by Disqus
 
You Might Also Like...
See It, Share It
PHOTO: The fake baby a man was carrying as he and another woman tried to sneak into the mother and baby unit at Mercy Medical Center in Merced, Calif., hospital officials said.
Dignity Health Security/Mercy Medical Center Merced
Leopard Cub Chills in a Basket
Odd Anderson/AFP/Getty Images
PHOTO: U.S. Customs and Border Protection officers at the George Bush Intercontinental Airport in Houston stopped a would be smuggler from bringing nearly 7 ounces of cocaine into the country in tamales, Aug. 22, 2014.
U.S. Customs and Border Protection