Tragedy

Tragedy

I saw the news account in the April 8, 2009 Idaho Statesman of the Idaho Supreme Court ruling that a 12 year old could be tried as an adult, and my first reaction was shock and horror--even though it was for attempted murder and rape of a five year old. The decision, once you read it, makes a certain amount of sense. If tried as a juvenile, he would likely be released in his 20s--and this is a very dangerous and damaged kid.

Part of why I have become increasingly sympathetic to social conservatives is reading decisions like this, and seeing the enormous damage that results from a society where, even though there are laws that apply, they are nearly impossible to enforce with any regularity, because this kind of childrearing is now so common:

First, Dr. Beaver was concerned that Doe‟s poor language, concentration, and intellectual skills would preclude him from “communicat[ing] effectively with legal counsel in an adult proceeding.” Doe‟s full scale I.Q. of 75 placed him in the fifth percentile of other children his age, which was “in the borderline mentally deficient range of intellectual skills and abilities.” When compared to other twelve year olds, Dr. Beaver concluded that “[Doe] is significantly immature and much more limited.” Second, Doe did not possess adequate socialization and, therefore, behaved inappropriately in various situations. According to Dr. Beaver, Doe demonstrated significant limitations in his ability “to interact appropriately with others and to participate within specific systems.” This, in turn, raised questions regarding Doe‟s ability “to regulate and manage his behavior without being dangerous or assaultive to others.” Third, Doe had a significant drug and alcohol history for a child his age and showed symptoms of depression. Fourth, Doe had little familial support, structure, and supervision. Instead of setting boundaries and providing structure, Doe‟s parents condoned his use of alcohol, tobacco, and marijuana. Additionally, it was not unusual for Doe‟s mother, who was unemployed and on probation for possession of methamphetamine, to remain away from home for days – leaving Doe and his sisters without food.4

4 In fact, several child protection cases alleging neglect and abuse had been filed against Doe‟s parents since Doe‟s birth.