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5 year old may face murder charges ,,,,

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white_swan53 On October 07, 2020




n/a, New Mexico
#16New Post! Jun 10, 2011 @ 13:13:32
In the second link it does report the 5 year old confession ( for lack of a better word) that she wanted to shut the baby up because she hated him and his crying was bothering her, ( not a quote) . But geez, we're talking about a 5 year old kid. If she knew enough to know what she was doing and what results her actions would have, then wouldn't it be logical to assume she would also know enough not to confess ?
boobagins On August 03, 2013
SPICY HOT TAMALES





Astral Weeks, Florida
#17New Post! Jun 10, 2011 @ 13:34:17
@white_swan53 Said

Generally when a minor is involved in a crime it is a kept pretty quite and very few if any details are made available to the public . The fact that this doesn't seem to be the case here , both reports have details and information about all three minors directly involved , the 18 month old victim, the 5 year old , and the 16 year old care taker . Reporting on the little girls 'confession' , the teenagers mental health issues . While saying a bare minimum about the adults . Except for to give the baby's fathers name and mention he's asking for donations on his facebook account .
The 5 year old obviously knew that putting the baby into and holding him under the water would 'shut him up'
But a five year old doesn't have the capability mentally to understand that it would forever and permanently shut him up. I can't imagine a five year old have the capacity to 'hate' or be angry enough think in terms killing forever another human .


But names aren't released of the minors. Sure the circumstances are shared but not more. And as someone who worked with law enforcement, it's obvious they're not going into details when they can't talk about it.

Law enforcement only job is to uphold the law. Whatever opinion they have on the case shouldn't be part of how they charge someone because that would make things biased.

I'm not saying the 5 girl should go to jail. I have never said that. Nor have I said that 5 year old knew the full amount of what "death" is. You can read that in my previous posts.

What I said is that the girl had enough knowledge to do what she did and that is being taken into consideration.

And again if you read the article. Law enforcement themselves said that they are handing the case over to prosecutors to see if charges against the girl will be carried forward or not. Law enforcement has has nothing to do with that. But the circumstances around the death of the boy is implicit enough to single out the girl. It was clearly not a mistake because the girl knew that it would "shut the boy up," - she may not understand more than that, but for what she did understand, it was enough to treat the case as a homicide on part of the little girl. Again, the article only is telling you how the CASE is being handled. A homicide.

It hasn't really gone into detail of what the actual charges are or WHO it is applied to, but it does make clear that the little girl COULD have charges pressed against her.

Plus this is only one article. It's bad to condemn a whole slew of people when we don't have all the facts or know the situation intimately.

I was only was speaking about the 5 year old girl and why it seems logical that charges COULD be brought against her because that is what the ARTICLE was talking about. Just because I haven't commented on the other circumstance of of the situation doesn't mean I'm excusing it. It would irresponsible for me to comment when I don't have any more than a two line blurb telling me what that situation entailed.

I don't know why people are jumping on my case. The only thing regarding the parents and the babysitter that i have commented on is that there is nothing else is in the article because law enforcement probably can't talk about it.

I don't know how that gets turned to meaning that law enforcement are in the wrong here.

You seem to be forgetting what law enforcement's role is. They are not the prosecutors, or the jury, or the judge, or the medical examiner. Their only job is to investigate the case and press charges.
The article hasn't explicitly stated that it's charging the five year, nor does it go into detail of of who it is charging or WHAT any of the charges are, so that doesn't mean charges against the parents or baby sitter hasn't be brought up.

The only thing the article state was that they were treating the case as a homicide. And homicide has a direct definition to it, and the 5 year old girl is more directly tied to that definition than the baby-sitter, however that doesn't mean that the baby-sitter won't be charged for it.

There isn't enough information, so excuse me for ONLY talking about the information that WAS provided.
boobagins On August 03, 2013
SPICY HOT TAMALES





Astral Weeks, Florida
#18New Post! Jun 10, 2011 @ 13:51:13
And not to mention.

The article only states that girl is a suspect. It further more goes into the diversion and how charges most like won't be pressed against her because it's arguing that a child younger than 9 can't formulate intent.

It's clear enough that if charges are pressed, it won't be carried forward based on the research that is available. I was merely commenting on the fact that if that since the case is being treated as a homicide, it's clear that it's being treated as a crime and therefore charges are viable.

That doesn't meant those charges will be upheld.
white_swan53 On October 07, 2020




n/a, New Mexico
#19New Post! Jun 10, 2011 @ 13:53:50
The closet I have ever came to working around anything pertaining to law enforcement is to serve the cops that came into the restaurant where I worked for a while.
So what I know about the topic would fit into a thimble.
white_swan53 On October 07, 2020




n/a, New Mexico
#20New Post! Jun 10, 2011 @ 13:55:55
double post .
white_swan53 On October 07, 2020




n/a, New Mexico
#21New Post! Jun 10, 2011 @ 14:05:27
This clarify's it a lot for me .

Quote:
The killing of one human being by another human being.

Although the term homicide is sometimes used synonymously with murder, homicide is broader in scope than murder. Murder is a form of criminal homicide; other forms of homicide might not constitute criminal acts. These homicides are regarded as justified or excusable.

Justifiable or Excusable Homicide

Quote:
Excusable homicide is sometimes distinguished from justifiable homicide on the basis that it involves some fault on the part of the person who ultimately uses deadly force


https://legal-dictionary.thefreedictionary.com/homicide
Grasshopper On January 11, 2023
Just me.





Fort Collins, Colorado
#22New Post! Jun 10, 2011 @ 14:50:52
Maybe not murder charges... But some mental help at least.
JorieJukebox On April 24, 2024
...





Right Here, Not There,
#23New Post! Jun 10, 2011 @ 15:15:33
Bottom line... the adult in charge should have been RESONSIBLE. ANYTHING could have happened!
white_swan53 On October 07, 2020




n/a, New Mexico
#24New Post! Jun 10, 2011 @ 15:39:55
@jorie_13 Said

Bottom line... the adult in charge should have been RESONSIBLE. ANYTHING could have happened!



I agree .
The adult that went off leaving a mentally disabled teenager as caretaker of what sounds like several small children should be the one held 100% responsible .

When you say "ANYTHING could have happened" do you mean, more then one child could have died ?
I ask, because generally in a situation like this when someone says that, they are saying ' something horrible 'could have happened' like one of the children could have been badly hurt or worse. sad to say e 'or worse' did happen .
JorieJukebox On April 24, 2024
...





Right Here, Not There,
#25New Post! Jun 10, 2011 @ 15:58:44
@white_swan53 Said

I agree .
The adult that went off leaving a mentally disabled teenager as caretaker of what sounds like several small children should be the one held 100% responsible .

When you say "ANYTHING could have happened" do you mean, more then one child could have died ?
I ask, because generally in a situation like this when someone says that, they are saying ' something horrible 'could have happened' like one of the children could have been badly hurt or worse. sad to say e 'or worse' did happen .

I see what you're saying there... I'm just thinking that it wouldn't have neccesarily taken the child taking action for something this horrible to happen.
white_swan53 On October 07, 2020




n/a, New Mexico
#26New Post! Jun 10, 2011 @ 16:09:30
@jorie_13 Said

I see what you're saying there... I'm just thinking that it wouldn't have neccesarily taken the child taking action for something this horrible to happen.



You are right that baby could have found his own way into that tub and it could have had the same results . And as you said , and I completely agree. The adult that should have been there would still have been responsible .
A baby( the 5 year old) killing a baby is bad enough on it own merit, but the dead babies dad going on face book and asking for donations adds a greedy creepy aura to the whole thing . IMO
white_swan53 On October 07, 2020




n/a, New Mexico
#27New Post! Jun 10, 2011 @ 21:40:37
I have been looking around the web for more on this but so far ,just these two links.
Willi On August 21, 2018




northinmind,
#28New Post! Jun 10, 2011 @ 21:58:26
will the electric chair hold a 5 year old, or should they go with a hangin?
white_swan53 On October 07, 2020




n/a, New Mexico
#29New Post! Jun 10, 2011 @ 22:26:57
@Willi Said

will the electric chair hold a 5 year old, or should they go with a hangin?



I say drown her care takers and give her some of what every kid deserves simply by right of birth, someone to really care about her well being .
GSnap On March 02, 2019




Over the Rainbow,
#30New Post! Jun 10, 2011 @ 23:00:14
I can't figure out why the parents are not the ones being charged. When you are five, your parents are accountable for what you do.
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