"Nine-year-olds don't know that Santa Claus doesn't exist. They don't know people die and don't come back to life," he said. "I don't know if 9-year-olds can form intent to commit murder."

"A leading Illinois advocate for children ensnared in the criminal justice system sharply criticized the decision to charge a child that young with murder."

I taught in Elementary School for 15+ and my students who were younger than 9 definitely knew what death meant and they also were fully aware of the "Santa story".

this really does jump out as a case though. They must have felt that "intent" was thoroughly established (even in a younger mind) and that is the critical element. This will clearly go through the juvenile system?

From Chronicle article:

ones, usually not homicidal, but he could be. In this case, does not seem child was playing with matches. However, very doubtful the first degree charge will stick. But he does need treatment, monitoring, family intervention quite possibly.

According to Illinois law, he is too young to detain. He will be on probation. In a good probation system, he will be followed by a team who will act as advocates for his rehabilitation, not as punishers. They will work together to see he gets therapy, to develop an educational plan, and to
adequately supervise him. He will get a great deal of help in a good system. It sounds like he needs it. Juvenile judges are sympathetic to young defendants, generally speaking.

His record will be sealed. Sure, they overcharged. But I too believe a 9 year old capable of forming intent to harm and to kill. This one? We don’t know. May be mitigating factors. All that will get introduced. He will have strong advocacy.

system is out of control...I could never convict anyone. Child needs massive help and be sent to juvie. I do not believe a 9 year old understands death.

residential care. He will be strongly advocated for.

purpose?

act. A month ago, in Illinois, a 9 year old was charged with killing his mother, but judge dismissed charges, finding child incompetent to stand trial because of his age.

Not at all likely this case will be tried. If it were to be, probably before a juvenile judge, no public trial, and no outcome possible but probation supervision which will give this child the opportunity for lots of professional help.

According to news stories, authorities will not say if the people who died were his family.

A terrible thing for all. Average 9 year olds have the capacity to understand death is final. Does not mean this child was a 9 year old who had that capacity or that he or she could form intent. I do know that 9 year olds are capable of murder, torture, heinous acts. If such a child shows signs that in an adult would suggest sociopathy, rehabilitation can be a real challenge.

I am sorry for the victims. One was a baby. In the end, the child, through being put into the juvenile system, will stand the best chance to be helped, and due to age, will not be exposed to
hardened criminals, adolescent rapists, hopefully, not a bad placement in the community down the line. Must be supervised for a minimum of five years, but not past the age of 21.

It is not at all common for a child to be charged with first degree murder. I will eat my hat if these charges stick.

... that if they stab someone in the neck or set them on fire that they will probably die (permanently?)

distinguish what they think or hope will happen from what will likely happen. They may have unrealistic ideas about what happens with a knife is thrust into the body, based on TV, cartoons, fantasy.

From WebMD:

for murder.

"Anything but a 'yes' to that question and you're a hypocrite"
As are logical fallacies inherently flawed (in your case, a great combo-platter of the illicit minor/existential fallacy).

Fix the stupid, indeed...

Trying a child for murder is stupid.

My grandfather died when I was 8, I remember it well and understood at the time.

11.

Did the kid confess or some witness saw it?

Kids these days....

I'm very curious as to the facts of this case. Any person, let alone a kid, has to be pretty ill to intend to burn up five people. I, too, would like to know how they think they can prove intent. Although I do believe that intent is possible for some kids that age, I think intent might not be the same as adult intent.

capable of understanding the repercussions of their actions. I certainly didn't.

...that seemed to peak in the 70's and 80's.

Why am I not surprised.

hang them high country and it needs to stop. This is a very sick kid...if you are not going to provide psychiatric help...then put the kid against the wall and shoot him...it would be kinder than locking up a child who can't understand fully for life...throw him away.

Did you know Ann Perry a famous British author and her teenage friend murdered the teenage friend's mother when they were 15...she was going to move and the friends did not want to be separated...Both girls were found guilty,incarcerate and released five years after the murder... Our laws are way to harsh IMHO.

So he should be committed to a mental hospital until he is 18. Then he can be reevaluated.

6 months ago. Ok, with that straw man out of the way; charging a nine-year old with murder is asinine.

I’ve known friends who accidentally started fires, folks who weren’t intending to start a home on fire