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AshlynM's avatar

Is this news article a misprint?

Asked by AshlynM (10582points) January 13th, 2012,0,2799980.story

The two ten year olds will be spending up to forty years in jail if convicted? Doesn’t that seem a little harsh? Maybe there’s more to the story and maybe they had a weapon out as well, but I think that’s a little odd. Especially if they had no prior record to doing anything bad.

Maybe I’m missing something.

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10 Answers

flo's avatar

It so makes no sense. It is hard to tell if it is a misprint. We have to go by how many independent sources report the same thing.

I was just asking myself the same question about this in the dictionary:
esoteric [ˌɛsəʊˈtɛrɪk]
-1. restricted to or intended for an enlightened or initiated minority…

Jaxk's avatar

This is the inevitable conclusion when you begin charging minors as an adult. I have little sympathy for the perpetrators but realistically adult murders get less time.

rebbel's avatar

Houston is in Texas, right?
Are they not a tad harsh in Texas?
I hope it is a misprint, and if not I hope the judge will put the forty years besides her and give them some kind of therapy and the victim shouldn’t be forgotten of course, but that speaks for itself.

SavoirFaire's avatar

While 40 years is the most they can possibly be given under the charges they currently face, it is unlikely that they would be sentenced that harshly even if none of the current charges are dropped and they are convicted on all of them.

WestRiverrat's avatar

The 40 years is if they are tried as adults. I don’t think the DA has made that determination yet. I doubt they will be tried as adults, at 10 there is still time to fix the bad behavior.

If I was the parent of a kid in that school, I would be asking why it took so long to figure out something wasn’t right. I mean the investigation started in August and they just now figured out who did what?

jaytkay's avatar

“The video caught the two boys pulling their pants down and forcing the younger boy to perform sex acts on them…”

So they are being sent to prison, where that type of behavior is simply not tolerated.

CaptainHarley's avatar

It’s unlikely they will be tried as adults. It’s unlikely they will do ANY jail time. It IS likely that they will do time in a juvenile program or detention facility of some sort.

lillycoyote's avatar

I don’t think it’s a misprint. All I can find is the same basic information over and over again. Lazy reporting. I believe the ten year olds would have to go through some process to be tried as adults, as @CaptainHarley mentions, in order to face a 40 year sentence.

And BTW Google? You are dead to me! You are no longer useful.

linguaphile's avatar

How about finding out HOW those kids learned how to do the sexual acts? They had to see it somewhere… probably from an actual adult. The article says all 3 are special needs—what type of special needs?

Legally, if a child has a special need, they can not be punished if their disability is the reason for their misbehavior. For example, if a child with an EBD diagnosis throws a chair at a teacher, he can’t be disciplined for throwing a chair because his EBD diagnosis makes the behavior ‘caused by his disability.’ Another example, if a kid with autism or Tourettes punches a teacher, they aren’t disciplined because they’re acting out a trait of their disability, not an intentional misbehavior. Depending on their disability, the sex acts performed by these 2 boys could be considered imitative behavior, impulsivity, not understanding the consequences, lack of incidental learning or a number of symptoms of many other traits of a good number of disabilities.

I doubt the kids are really facing 40 years in jail because they’re special needs, but I could be wrong. I think the reporter pulled from common legal proceedings for adults and is being sensational, not realistic. I don’t think it’s a misprint, but do think it’s shoddy reporting.

flo's avatar

There is an OP here about re. an article including the link, about a 4 year old that they were going to charge for killing an elderly lady with his tricycle. She died in the hospital from her injuries. I remember answering it. But I was thinking, does the journalist mean that they are going to put the 4 year old on the stand? Because that just can’t be^^

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