Mya has been arrested for the violent murder of Robbie. Mya is 10 years old and Robbie was 8. Mya killed Robbie by forcing him to swallow rocks until he suffocated. Because of Mya’s age, what will the prosecutors need to prove? Explain how that has been done citing a case from your text. What if Mya had been 6 years old? Would the prosecutors approach the crime differently? What if Mya had been 15 years old? How would this crime be approached?
What will be an ideal response?
Mya’s liability would depend on her age. If Mya is 10 years old, there is a rebuttable assumption that children of her age lack the capacity to form criminal intent. There would need to be a discussion on the nature and seriousness of the crime. If Mya is 6 years old, it is presumed that children under 6 are incapable of developing criminal capacity. Finally, if Mya is 15 years old, she is assumed to possess the same criminal capacity as an adult and can be tried as an adult.
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a. True b. False Indicate whether the statement is true or false
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Fill in the blank(s) with the appropriate word(s).