Community | June 13, 2011 | 48 comments

5-Year-Old Could Face Murder Charge in Drowning Death of Crying Toddler

source: http://abcnews.go.com/US/murder-charge-considered-girl-drowned-crying-toddler/story?id=13811620

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Radical_Centrist
Many five year olds can't read, write, or even tie their own shoes. So why is the state of Kansas contemplating charging one with murder?

According to ABC News, a five year old girl is the prime suspect of the alleged bathtub drowning of an 18 month old, after conducting interviews that implied that the girl may have become irritated with the toddler, who wouldn't stop crying.

"Kansas City police are waiting for a medical examiner's report on how Jermane Johnson Jr., died, but have investigated the death as a homicide, spokesman Darin Snapp said Thursday.

"I've been in law enforcement for 20 years and it's the youngest suspect I can remember," Snapp said. "It's extremely rare."

The alleged suspect, victim, and other children were all being watched by a sixteen year old who reportedly fell asleep, leaving the kids unattended.

It's nearly impossible to actually charge a child with murder, especially one so young. One recent case from a few years ago in Arizona involved an 8 year old who shot his father and father's roommate, allegedly because of abuse. Although the child was originally charged with murder, the resulting plea was negligent homicide.

In the Arizona case, many argued that an 8 year old simply cannot be held responsible for an act of murder as he or she has not yet fully developed the part of the brain that understands right from wrong, or has full empathy for other people's emotions, nor sees them as total and real entities like they know themselves to be.

http://abcnews.go.com/US/murder-charge-considered-girl-drowned-crying-toddler/st...
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48 comments // 5-Year-Old Could Face Murder Charge in Drowning Death of Crying Toddler

  • keithponder
  • letsliveinpeace
    • +3
      letsliveinpeace  

    • The parent is responsible for this heinous event. There is NO WAY that a 5 year old child can be charged. AND this child will feel this when it grows up and can understand what happened. The babysitter must be charged with negligence and manslaughter in this death.

    • 12 months ago
  • unclematt
  • letsliveinpeace
  • PIANORAMA
    • +1
      PIANORAMA  
    • unclematt:

      Aw, so the 16-year-old really shouldn't have been left in charge. That changes my perception. I would then hold the parents responsible, not the 5-year-old. Someone should have been watching the babies, and as far as I'm concerned a 5-year-old child is still a baby in many ways.

    • 12 months ago
  • CalPal
    • +2
      CalPal  

    • Dear Kansas State,

      You are charging a 5-year old with murder. Just sit down and really think hard about that for a second. Do you REALLY think this is the right thing to do?

      Sincerely,
      CalPal

      P.S. The answer is no, in case it took you longer than 3 seconds to think of one.

    • 12 months ago
  • Charles9
  • Emucratic
  • PIANORAMA
    • 0
      PIANORAMA  
    • Emucratic:

      Brains don't mature until mid-twenties . . . a little later, I understand, for males, than for females. Heck, sometimes I questions the maturity of some of the decisions I made well into adulthood . . .
      Anyway, I think it is ridiculous to consider charging a 5-year-old for a crime, any crime. This is a terrible situation.

    • 12 months ago
  • PIANORAMA
    • +2
      PIANORAMA  

    • Why is no one holding the 16-year-old responsible? If she's old enough to earn money babysitting, then she's old enough to stay awake and do her job.

    • 12 months ago
  • Panda_Chan
    • +1
      Panda_Chan  

    • question: WHERE ARE THE PARENTS IN THIS SITUATION???? WHO WOULD PUT A 5YR OLD CHILD IN CHARGE OF A YOUNGER SIBLING??? I BLAME PARENTING!

    • 12 months ago
  • Incredulous
    • +3
      Incredulous  
    • Panda_Chan:

      uhhh, there was a sleeping 16-year old in charge, did you actually read the article? I love the way it is always so easy to find a way to blame the parents every single time a kid does something. How many of us have been babysitters at the age of 16, or been babysat by 16-year-olds? I'd say a lot of us. But thanks for screaming your opinion in all CAPS...makes it so much more credible....NOT!

    • 12 months ago
  • onemalefla
  • EdJoyProductions
  • PIANORAMA
  • onemalefla
  • PIANORAMA
  • PigFarmington
    • +3
      PigFarmington  

    • Only in America do we hold 5 year olds culpable.
      Piaget's cognitive development. this stage most five year olds includes,

      "Fundamental errors in logic show the transition between intuitiveness in solving problems and true logical reasoning acquired in later years when the child grows up."

      We will want to send him to federal violent criminal prison soon.

    • 12 months ago
  • cherry5000
  • politicalair
    • +4
      politicalair  

    • What about charging the 16 yr old w/neglience? Charging a 5 yr old will never hold up in court, it will, however, draw a lot of publicity to the case and if the DA has political aspirations, let the circus begin. Otherwise, wiser and calmer voices will prevail.

    • 12 months ago
  • PigFarmington
  • Incredulous
  • Incredulous
    • +1
      Incredulous  
    • PigFarmington:

      or blame...Americans seem to be ridiculously in need of someone to blame for everything that goes wrong in life. I remember a couple I knew whose son died from sticking a fork into an outlet, he was just a kid, the parents were crushed. It was an old house, built before electrical building codes were enforced. Back then nobody was charging the parents with negligence, but I can guarantee you they have spent the rest of their life charging themselves with negligence and mourning the loss of their son.

    • 12 months ago
  • PIANORAMA
  • PIANORAMA
  • PIANORAMA
  • PigFarmington
    • 0
      PigFarmington  
    • Incredulous:

      Prison is the blame. When I watch the news and such.... it always gets me when/if someone on trail for murder (or some other harmful act against another person) and not just the victim's family but the entire community is already saying the defendant is guilty. Sometimes the trial hasn't even started. And if by chance the person is found not guilty... what's the response. Not "we need to find who did this", but "this person is getting away with ____________, injustice, etc." The person they already have in custody is good enough, guilty or not, they need to pay.

    • 12 months ago
  • PigFarmington
  • PIANORAMA
  • beacheagles
  • moodyblue
    • +1
      moodyblue  

    • This is ridiculous. I dont believe they will charge this child. Any time and money spent on deciding whether this child knew what she was doing would be better spent on getting this family in therapy.

    • 12 months ago
  • HSouixZ
    • +2
      HSouixZ  

    • It should not happen, that this child should would be charged with a crime.. There is a statue in law called "reason"

      Age of Reason Law & Legal Definition

      Age of reason means the age at which a person is legally capable of committing a crime or tort as s/he can distinguish right from wrong. The age of reason varies from jurisdiction to jurisdiction. Normally, seven years is usually the age below which a child is conclusively presumed not to have committed a crime or tort. And, 14 years is usually the age below which a rebuttable presumption applies.

      Even if the child purposely committed the deed, he has NOT committed a crime.

      Unlike the cannons of Family Law which allows for a judges discretionary opinion....a child can not be held responsible if a child can not possibly understand the ramifications of the misdeed.

    • 12 months ago
  • Radical_Centrist
  • HSouixZ
    • +3
      HSouixZ  
    • Radical_Centrist:

      Exactly.

      This child may have done the deed, and may have intentionally done the deed....the child has NOT committed a crime.

      There is no way to prove that a 5 year old child has the ability to understand the consciousness of its action.

      And your Latin is superb and right on the money!

    • 12 months ago
  • Radical_Centrist
  • EdJoyProductions
  • HSouixZ
    • +3
      HSouixZ  
    • EdJoyProductions:

      ZOMG....I love this film!!!!

      I could watch it endlessly.

      When they showed it at the theaters it had a different ending that the one most people see on television. I have seen them both (the endings) and that little girl, she is frightening.

      It is a phenomenal film. Eileen Heckart, gave the performance of a lifetime. She played the Dagle boy's mother.

      I'm waiting for the plumber to fix our water...and this movie is back on instant view on Netflix...I think I'm gonna let it play in the background.

      It is a fabulous movie.

    • 12 months ago
  • EdJoyProductions
  • rustyred
  • eden49
  • eden49
  • EdJoyProductions
  • HSouixZ
    • +1
      HSouixZ  
    • eden49:

      You're confusing me.

      Is the movie you're recommending called: "The Children and The Orphan?" Or is it two separate titles.

      A little help here please, thank you.

    • 12 months ago
  • eden49
    • +2
      eden49  
    • HSouixZ:

      ...ooops, I'm blonde...

      1. The Children...(2008)...Directed by Tom Shankland. Starring Eva Birthistle, Stephen Campbell Moore, Rachel Shelley...

      2. Orphan...(2009)...Orphan' is directed by Jaume Collet-Serra ('House of Wax'), from a screenplay by David Leslie Johnson and a story by Alex Mace. The film stars Vera Farmiga ...

    • 12 months ago
  • eden49
  • HSouixZ
    • +1
      HSouixZ  
    • eden49:

      Thanks so much for the information. And I don't believe that your brain seeps out on to your hair. I've known some some pretty smart blondes, and I've known some pretty dumb brunettes. I think it evens out, respectively.

      Again, thanks bunches for the information.....

      ....sigh....neither movie is on instant stream at Netflix...but I have placed both in my queue, and so I will be awaiting the red envelopes.

      Hey...if you ever come across this movie...you should check it out...it's called: "Our Mother's House." It was made in 1967. It's a remarkable study in family dynamics, and the "human condition," and how far we will tread when put in survival mode.

      It's not Oscar material...but it's a pretty cool film!

      Thanks again...nice meeting you here. Its been a pleasure!

    • 12 months ago
  • HSouixZ
  • eden49
    • 0
      eden49  
    • HSouixZ:

      ...I absolutely love horror...not so much the blood and gore, but true/pure horror...ergo, what you can't see...I've seen thousands, and I must say, "When a stranger Calls" is one of the best...the original version starred Charles Durning & Carol Dewhurst, and is miles in front of the remake...thanks so much, mate, for the recommendation...cheers, Eden...avva gooden...

    • 12 months ago
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