Chapter 9

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On March 22, 2005, 16-year-old Jeff Weise killed his 58-year-old grandfather Daryl Lussier and his grandfather’s 32-year-old girlfriend Michelle Sigana before going to school where he killed seven additional people and wounded another seven. Like other school shooters before him, Weise stole the weapons he used, a pistol and a shotgun, from a relative. This time the weapons were believed to be his grandfather’s police-issued weapons. Unlike other now infamous school shootings, the school in Red Lake, Minnesota, where Weise opened fire was equipped with metal detectors at the entryway and staffed by a guard. Weiss shot and killed the unarmed guard to make his way into the school. After entering the school, he killed five students and a teacher. Then, like other school shooters before him, Weise shot himself in the head. This school shooting, the nation’s worst school since Columbine in 1999 where Dylan Klebold and Eric Harris killed 13 people and then themselves, was the first to occur on an Indian reservation. Young Weise was a member of the Ojibwa tribe (CNN, 2005).

Jeff Weise, Dylan Klebold, and Eric Harris and other young school shooters have dominated newspaper headlines in the United States. The idea that these angry boys and others like them may blow up at any moment and seek revenge in the sacred halls of our educational institutions is horrific. Despite the dreadful reality of the school shootings that dominated the nation’s headlines in the 1990s and the scattering of school shootings since 2000 that have not received as much media attention, children kill far less often than adults. Nevertheless, there was an alarming increase in homi- cides committed by those ages 14 to 17 in the 1980s, which fortunately decreased in the 1990s but looks to be increasing again recently.

By the end of this chapter, you will be familiar with many of the issues involved in homicide by children and adolescents. The chapter begins with important terms in the study of homicide by those younger than 18 years. Then a couple of historic cases

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CHILDREN WHO KILL

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of homicide by children are reviewed to make the point that homicide by children is in no way a new phenomenon. As usual, data and trends are reviewed along with important and relevant demographic information about youth homicide. Within a section about those who children kill, there is a detailed discussion on parricide, or the killing of a parent, because this is a much studied phenomenon. Common circumstances and motives are also included for children who kill their parents and others. Finally, the chapter ends with a focus on the processing of young homicide offenders in the criminal justice system, including the practice of trying children in adult courts.

DEFINITIONS

The term juvenile is often interpreted to refer to children younger than 18 years; how- ever, this term is not used uniformly across all jurisdictions (Heide, 1999). This chap- ter focuses on children younger than 18 years who have murdered. However, because there are differences between very young offenders and teen offenders, it is important to be clear about who we are studying when we look at children who kill. In this chapter, the terms youth, juvenile, and children are used to refer to people younger than 18 years. Teen, teenager, or adolescent is used to refer to children who are under 18 years but at least 13 years of age. Finally, those children under age 13 are called preteens or preadolescents.

BOX 9.1 Lizzie Borden: A Famous Case of a Child Who Killed Her Parents?

Lizzie Borden took an axe, And gave her mother forty whacks, When she saw what she had done, She gave her father forty-one.

Chances are you have heard this nursery rhyme–like song about Lizzie Borden. The axe murder of Andrew and Abby Borden in Fall River, Massachusetts, continues to be an intriguing case more than 100 years after it occurred in 1892. Although it is true that this was a horribly violent murder, many of the details of the case are lost to those who only know the little ditty about Lizzie. First and importantly for this chapter, Borden was actually 33 years old at the time of the murder. She was not a child as many who recite the song may believe. Second, there were only 29 “whacks”—enough for very gruesome corpses but not the 81 whacks mentioned in the rhyme. Third, Lizzie Borden was found not guilty of the crime in an 1893 trial, although many continue to believe her guilty to this day. Finally, it was actually Borden’s stepmother who was killed—a fact that may make some question her guilt even more (Linder, 2004).

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History 141

HISTORY

Although much was made about children killing in the 1990s when we saw great increases in urban teen homicide and several school shootings, cases of children killing are not new. In 1874, 14-year-old Jesse Pomeroy was found guilty for mutilating and killing a 10-year-old girl and a 4-year-old boy in separate incidents (Gribben, 2006).

Girl murderers, although less frequent, are also not new. Eleven-year-old Mary Flora Bell was found guilty of the 1968 strangulation murders of 3-year-old Brian Howe and 4-year-old Martin Brown in New Castle, England (Sereny, 2000).

U.S. common law does not consider children younger than 7 years capable of mens rea. In other words, they are not believed to be capable of intending to commit a crim- inal act. Nevertheless, cases in which children younger than age 7 kill reintroduce the question as to whether young children can understand the gravity of the act they com- mitted. Should we hold preadolescent killers responsible when they take the life of another human? Should they be tried for murder? It may seem that these are new ques- tions that we must struggle with in what seems to be an increasingly violent society. Yet incidents of children killing, even young children killing with guns, are not new either.

In 1929 in Paintsville, Kentucky, 6-year-old Carl Newton Mahan killed his 8-year- old friend Cecil Van Hoose. Although younger than many of the boys involved in school shootings in the 1990s, it appears that this early twentieth-century killing involved bullying as many of the school shootings have. Carl and Cecil found a piece of scrap iron that could be sold to a metal scrap dealer. According to newspaper reports, Cecil hit Carl and took the scrap iron for himself. Carl ran home, where he stood on a chair to grasp his father’s 12-gauge shotgun from above a door. He found Cecil and reportedly yelled, “I’m going to shoot you” before he shot his playmate (Tortora, 2000). The case against 6-year-old Mahan was heard in criminal court in 1929 shortly after Van Hoose’s death. A jury heard the case and found Mahan guilty of the lesser crime of manslaughter. The judge sentenced him to 15 years in a juvenile reform school. The sentence, however, was not to be served. A mixture of appeals and public outcry combined, and a circuit court judge ruled that Mahan’s case should not have been heard in criminal court. Cases against youngsters were supposed to be heard by a judge, not a jury. The attorney general of Kentucky made the final decision to allow Mahan to remain with his parents. Little is known about what happened to Mahan after he was released. There is no evidence that he continued on to be criminal. We know only that he died at the age of 35 in 1958 (Tortora, 2000).

BOX 9.2 The Crime That Shocked Britain

At 3.39 P.M. on Friday, February 12, 1993, a shopping center surveillance camera in a Liverpool shopping center captured images of Robert Thompson and Jon Venables walking hand in hand with 2-year-old James Bulger. This would be the last images of Bulger alive. James’s mother took

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TABLE 9.1 Arrests for Murder & Nonnegligent Manslaughter by Age for 2004, 2003, and 2002

Age in Years 2004 2003 2002 Total

Under 10 2 1 0 3 10–12 13 11 17 41 13–14 129 76 84 289 15 180 130 140 450 16 311 223 274 808 17 430 342 458 1230 18 and older 8,933 8,336 9,134 26,403 Total 9,998 9,119 10,107 29,224

Source: Compiled from Federal Bureau of Investigation Statistics data (FBI, 2003, 2004, 2005).

OFFICIAL DATA ON HOMICIDE BY CHILDREN

Although the number of children who kill is alarming, the data show that they make up a relatively small percentage of those who kill. As Table 9.1 shows, less than 10%, or 2,821, of those arrested for murder and nonnegligent manslaughter for the years 2002 to 2004 were younger than 18 years. Not surprising, as age increases, the number of arrests for homicide also increases. Only 3 children under the age of 10 were arrested in the years 2002 to 2004 for murder and nonnegligent manslaughter. Over 10 times as many children between the ages of 10 and 12 were arrested and even more, or 289, between the ages of 13 and 14 were believed to have killed in these years. Police arrested

her eyes off him for just a few minutes, and he disappeared. She panicked. The police eventually were contacted, and photographs of Bulger were shown on the nightly news in hopes that someone had seen the cute 2-year- old. It was not until after midnight, however, that investigators found the blurry images of two 10-year-old boys walking Bulger out of the mall. However, the abductors were not identifiable on the tape. On Sunday after- noon, four boys found Bulger’s badly battered body on railway tracks approximately 2 miles from the mall where his mother had last seen him. An anonymous caller suggested that Robert Thompson and Jon Venables might have something to do with the crime. Police were apprehensive, but with little to go on they picked up the boys. Eventually the boys confessed and were found guilty at trial. They were sentenced to indefinite sentences.

In 2001, Venables and Thompson were headline news again. They were to be released and their identities protected. Some were outraged, including many of Bulger’s relatives. Others argued the boys were so young when they committed the crime that they did not understand the gravity of the offense they were committing at the time they committed it. What do you think? Do you think the boys should have been released? What would convince you they should be released or they should remain incarcerated? If you knew that both boys were considered delinquents and often caused trouble before they were apprehended for Bulger’s killing, would it make you think differently? (Scott, 2005).

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Trends: Are Children Killing More Often or Less Often? 143

BOX 9.3 Eleven-Year-Old Charged as an Adult

The murder trial of Nathaniel Abraham in Michigan garnered national attention and much controversy in 1999. Abraham was arrested in October 1997 for the shooting death of 18-year-old Ronnie Greene Jr. Despite the fact that Abraham was only 11 years old at the time of Greene’s death, he was charged with first-degree murder. Because of a law in Michigan allow- ing children under 17 years old to be charged as an adult for a serious crime, Abraham was charged as an adult. Prosecutors argued that Abraham, who had a previous arrest for burglary and who was suspected of several additional crimes, was the type of serious juvenile offender for which the Michigan law, which allowed prosecution of children in adult courts, was enacted. Defense attorneys and others in the media argued that Abraham did not have the mental faculties to kill another intentionally. They argued that in addition to his age, he had the mental ability of a 6-year-old (Robinson 1999a). After three days of deliberation, the jury failed to find Abraham guilty of first-degree murder. However, he was convicted of sec- ond-degree murder and sentenced to juvenile detention until age 21 (Kennedy & Hunter, 2000; Robinson, 1999b).

To see the actual sentencing documents, visit http://www.courttv.com /archive/trials/abraham/sentence_text_ctv.html

450 15-year-olds, 808 16-year-olds, and 1,230 17-year-olds. Still, it is important to remember that children make up a small portion of those arrested for murder. In Table 9.1, for instance, 17-year-olds make up only 4.2% of all those arrested for murder.

TRENDS: ARE CHILDREN KILLING MORE OFTEN OR LESS OFTEN?

When we ask whether killing by children is increasing or decreasing, it is best to con- sider the question separately for adolescents and preadolescents because as shown in Figure 9.1, the rates are very different. In fact, the rates among those younger than 14 years are barely perceptible in the figure because they hover very close to a rate of zero. However, the Bureau of Justice Statistics reports that among preadolescents (under age 14), homicide commission began increasing in the late 1980s and contin- ued to increase in the early 1990s. However, since it peaked in 1994 at a rate of 0.4 per 100,000 for preadolescents, it has decreased to the lowest levels ever. In 2000, 2001, and 2002, the rate of homicide commission among those 14 and younger was 0.1 per 100,000. Among those ages 14 to 17, there was a very rapid increase after 1985 when the rate was 10.5 per 100,000. The rate continued to increase to a peak rate of 31.3 per 100,000 in 1993. Since 1993, the homicide offending rate among 14- to 17-year-olds has plummeted to the lowest levels ever recorded. In 2002, the rate was 9.0 per 100,000.

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TABLE 9.2 Percentage of Arrests of Males for Murder and Nonnegligent Manslaughter by Age for 2004, 2003, and 2002

Age in Years 2004 2003 2002

Under 10 50.0 100 0 10–12 84.6 81.8 76.4 13–14 79.0 89.4 84.5 15 81.6 91.5 87.1 16 91.6 90.5 90.1 17 91.1 90.9 91.4 18 and older 88.4 89.5 89.1 Total 88.4 89.6 89.1

Source: Compiled from Federal Bureau of Investigation Statistics data (FBI, 2003, 2004, 2005).

0

5

10

15

20

25

30

35

19 76

19 78

19 80

19 82

19 84

19 86

19 88

19 90

19 92

19 94

19 96

19 98

20 00

20 02

Under 14 14–17

Homicide Rate per 100,000

FIGURE 9.1 Homicide Offending Rates per 100,000 for 14- to 17-Year-Olds and Those Under 14 Years

SEX AND JUVENILE HOMICIDE OFFENDERS

When we discuss trends or statistics about homicide offending by those younger than 18 years, it is important to note the many differences found between female and male juvenile homicide offenders. First and foremost, males far outnumber females as juvenile homicide offenders. A 1999 National Study of Juvenile Homicide that exam- ined FBI Supplementary Homicide data between 1980 and 1997 indicated that 93% of known juvenile homicide offenders were male. Furthermore, as Table 9.2 shows, at every age, boys are more likely to be arrested for murder and nonnegligent manslaughter than girls. Finally, when we look at the percentages for all three years totaled, it appears that as age increases, the percentage of males arrested also increases. However, the data for each year show this is not a stable relationship.

The data on homicide by juveniles also indicate that the number of female juvenile homicide offenders has remained fairly constant over the past 20 years, with about 130

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Children in Other Countries 145

girls committing homicide each year between 1980 and 1997. The numbers of juvenile male homicide offenders during this same period varied greatly with the number decreasing between 1980 and 1984 and then increasing greatly to over 2,500 in 1993 and 1994 before decreasing to approximately 1,500 male juvenile homicide offenders in 1997. Other differences between male and female children who kill, including the weapons they use and who they kill, are discussed in subsequent sections of this chapter.

RACE AND JUVENILE HOMICIDE OFFENDERS

The 1999 National Study of Juvenile Homicide, which revealed differences between female and male juvenile offenders, is also valuable for what it tells us about race and juvenile homicide offending. This study indicated that for every million juveniles in the United States, 56 were homicide offenders. The incidence, however, varies by race. Just over half (56%) of known juvenile homicide offenders between 1980 and 1997 were African American. The difference does not seem like much until the rates are considered, and then the differences are striking. Thirty of every million white juveniles; 34 of every million Native American juveniles, and 44 of every million Asian juveniles committed homicide as compared to 194 of every million African American juveniles. Furthermore, African American juvenile offenders used guns in 72% of their offenses; Asians used firearms in 67% of their offenses; whites used guns in 59% of their offenses, and only 48% of Native American juvenile offenders used guns (Snyder & Sickmund, 1999).

Youths were most likely to kill individuals of their own race, with 90% of whites killing whites, 76% of African Americans killing African Americans, 58% of Asians killing Asians, and finally 48% of Native Americans killing other Native American youth. As a percentage of all their victims, white and Native American youth killed their family members (16% and 17%, respectively) more frequently than did African American (7%) and Asian (7%) youth (Snyder & Sickmund, 1999).

CHILDREN IN OTHER COUNTRIES

The numbers of youth who commit homicide in the United States is much higher than the numbers of children who kill in other Westernized countries. Moreover, although not as drastically different, children in the United States made up a larger percentage of those arrested for homicide as well. In Australia in 2003–2004, 15% of homicide offenders were age 19 or younger. During the same years, in the United States, 22% of those arrested for homicide were under 20 years old (FBI, 2004, 2005; Mouzos, 2005).

Note, however, that the problem of juvenile homicide is not shared equally across the United States. Snyder and Sickmund (1999) reported that in 88% of the more than 3,000 counties that reported crimes to the FBI in 1997, not a single juvenile was known to have committed a homicide. Only one juvenile homicide offender was known to have committed a homicide in 6% of the reporting counties. In fact, over a quarter (26%) of juvenile homicide offenders in 1997 were located in the following eight cities, which together make up only 12% of the U.S. population: Baltimore, Chicago, Dallas, Detroit, Houston, Los Angeles, New York, and Philadelphia (Snyder & Sickmund,

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BOX 9.4 Nevada Tan—The Japanese School Girl Killer

In June 2004, an 11-year-old Japanese girl used a box cutter to slash the throat of her 12-year-old friend, Satomi Mitarai. The murder took place in an empty classroom where the young offender, known as “Girl A,” left Mitarai to bleed to death. The girls’ teacher saw blood on the offender’s clothes and realized Mitarai was missing. The teacher discovered Mitarai in the classroom. At her trial, Girl A was said not to have a psychiatric disor- der; however, the judge reported she “was only capable of taking extreme measures—either suppressing her anger to avert a crisis, or attacking other people—as she was unable to appropriately deal with her anger” (Shimbun, 2004). Girl A reportedly killed her friend Mitarai because Mitarai had posted negative remarks about Girl A’s weight on the Internet (Shimbun, 2004).

Girl A has since become somewhat of an icon on the Internet, where hundreds of images of her as a meme cartoon character can be found. According to information on at least one of these sites, a class photograph including Mitarai and the young girl who killed her was posted on the Internet (humblefool.net). In the photo, the young killer was wearing a blue hooded sweatshirt with the word “Nevada” emblazoned across the front. Not long after the photograph of “Girl A” first appeared, there was much talk about her on the Internet, especially on a Japanese website called 2channel. Girl A became known as “Nevada-tan,” with “tan” being the way a small child might pronounce the honorific “chan.” Thus Nevada- tan would basically translate into English as “Widdle Nevada” (humble- fool .net). Many of the cartoon caricatures of her depicted on the Web show her in the blue Nevada shirt splattered with blood, and she is often depicted with a box cutter. The real “Nevada-tan” has been sentenced to a juvenile institution, but her Internet meme is still easy to find on Japanese and American fan pages and on image boards where many anonymous posters appear to be in competition to post the most horrific and sometimes pornographic cartoons of Nevada-tan as well as actual photographs and artwork by the young killer (humblefool.net).

1999). Large urban populations with all the problems associated with such cities expe- rienced much higher juvenile homicide rates than less densely populated places.

VICTIM/OFFENDER RELATIONSHIP: WHO DO CHILDREN KILL?

Looking at Table 9.3, you can see that male juvenile homicide offenders and female juvenile offenders most often killed acquaintances. In fact, 54% of young male offend- ers killed their acquaintances, and 46% of female offenders killed their acquaintances. Boys, however, were more likely than girls to kill strangers. Thirty-four percent of male victims were strangers and 15% of female victims were strangers. Family members

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TABLE 9.3 Homicide Type by Age, 1976–2002

Victims Offenders

Under 18 18–34 35–49 50+ Under 18 18–34 35–49 50+

All homicides 9.8% 52.7% 22.7% 14.8% 11.1% 64.8% 17.2% 6.9% Victim/offender

relationship Intimate 2.3% 46.9% 33.6% 17.2% 1.1% 47.1% 34.3% 17.6% Family 19.2% 32.6% 26.5% 21.7% 6.1% 49.5% 27.8% 16.6% Infanticide 100.0% 8.3% 81.3% 9.4% 1.1% Eldercide 100.0% 10.5% 50.2% 18.3% 20.9%

Circumstances Felony murder 7.7% 46.5% 21.6% 24.2% 15.1% 72.9% 10.1% 2.0% Sex related 19.8% 45.2% 16.2% 18.8% 10.8% 74.1% 13.0% 2.1% Drug related 5.5% 71.8% 19.6% 3.2% 10.9% 76.6% 11.2% 1.2% Gang related 25.4% 67.4% 5.9% 1.3% 30.4% 67.7% 1.6% .3% Argument 5.4% 56.4% 26.1% 12.0% 6.9% 60.2% 23.1% 9.7% Workplace 2.1% 28.6% 30.7% 38.5% 5.0% 53.3% 26.6% 15.1%

Weapon Gun homicide 7.5% 59.0% 22.5% 11.0% 12.1% 64.1% 16.1% 7.7% Arson 28.4% 27.2% 18.9% 25.4% 11.7% 58.4% 22.8% 7.1% Poison 26.5% 24.2% 16.7% 32.6% 4.9% 50.9% 26.1% 18.1%

Multiple victims or offenders

Multiple victims 18.6% 45.9% 19.0% 16.4% 9.7% 65.9% 18.6% 5.9% Multiple offenders 11.3% 55.2% 19.7% 13.7% 18.7% 72.8% 7.3% 1.2%

Note: The victims of the 9/11 terrorist attacks are not included in this analysis.

Source: Compiled from Federal Bureau Investigation Statistics data and Supplementary Homicide Reports (FBI, 1976–2002).

made up only 9% of the victims killed by males, whereas 39% of those killed by female juvenile offenders were family members (Snyder & Sickmund, 1999).

Some of the differences in who male and female juveniles kill and in the weapons that they use may be explained by the fact that young girls are far more likely than young boys to kill their own infants. Eighteen percent of female juvenile homicide offenders killed victims under the age of 1 year. For male juvenile homicide offenders this figure was approximately 1%, although Snyder and Sickmund (1999) note that because there are so many more male juvenile homicide offenders, the annual num- ber of infants killed by males and females was nearly equal each year between 1980 and 1997, with each sex killing approximately 25 infants each year.

Parricide One particular type of killing by children has garnered much research attention. Just as we are stunned when a parent kills a child, we find it shocking when a parent is

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killed by his or her child. It is very likely that even if you were a small child in 1989 when they killed their parents, you know the names Erik and Lyle Menendez. In one of the first big cases covered on Court TV in 1993 and 1994, many watched as defense attorneys for the brothers explained that Erik and Lyle killed their parents, Jose and Kitty Menendez, after years of abuse. To save money, both boys were tried at the same time; however, each had a separate jury. Both juries and Court TV viewers watched months of testimony. The prosecution told how the brothers, who were 17 and 21 years old, respectively, at the time of their parent’s murders, had broken into their own home and used shotguns to riddle their parents’ bodies with bullets. The defense attempted to prove that the boys had been abused and were reacting against that abuse. Amazingly, to many, the juries could not agree whether the boys should be convicted for killing their parents. Because both juries were deadlocked, the judge had to rule a mistrial. District Attorney Gil Garcetti decided to proceed with another trial. Eventually, after many postponements, the boys were tried again in 1996. This time they were convicted. On March 20, 1996, a jury convicted Erik and Lyle Menendez of two counts each of first-degree murder for the murders of their par- ents. Both were sentenced to life in prison (Pergament, 2005).

Although parricide technically refers to the killing of a close relative, the term has come to mean the killing of one’s parent. The killing of one’s father is called a patricide; the killing of one’s mother is called a matricide. Parricide is most often committed by an adult daughter or son. However, a small number of parricides are committed by offenders like Erik Menendez, who are younger than 18 years.

Kathleen Heide, who is one of the foremost experts on children who kill, has written extensively about parricide. Heide (1992) suggests that three types of chil- dren kill their parents. First, most common are severely abused children who, in a sense, feel they are trapped. They may be physically, emotionally, and/or sexually abused. Second are those children who are mentally ill. And third, according to Heide, are dangerously antisocial children. Heide’s research has led her to the conclu- sion that children who kill their parents often have troubled family histories. It may not be surprising, if we think about it, but she has found that they often come from violent homes where alcoholism or heavy drinking is common. Often the children in Heide’s research felt trapped and isolated, and although they may have attempted to run away, they had been unsuccessful.

Unlike other types of adolescent homicide offenders, more often than not, the parricide offender is a white upper-middle or middle-class male who does not have a juvenile record. More typical of other juvenile homicide offenders, the typical parri- cide offender is 16 to 18 years old (Hegadorn, 1999). Aaron Clark, who was sentenced to 15 years to life for stabbing his 48-year-old mother to death after they argued about his girlfriend, is typical in that he was 16 years old at the time of the killing (New York Times, 2005). However, unlike Aaron, adolescent parricide offenders are more likely to kill their fathers (Hegadorn, 1999).

Heide notes that her case studies of adolescent parricide offenders have found many of the offenders to be good students who were believed to be close to their fam- ily while living a secret life of abuse (Heide, 1992). Like young Aaron and the Menendez brothers, the child parricide offender tends to kill his parent in a very vio- lent attack. The child’s rage is reflected in the excessive number of wounds suffered by the parent whether the method of attack is a beating, a stabbing, or a shooting.

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Youth Gang Murders 149

Frequently, as in some cases where battered women have killed their abuser, the child tends to strike out against his or her parent when the parent is not attacking the child (Hegadorn, 1999).

YOUTH GANG MURDERS

Parricide may attract much media attention but so have gang killings, especially dur- ing the 1990s. Those who study adolescent homicide and especially those who have focused on the great increases in homicide among those age 14 to 17 in the early 1990s have noted that much of youth homicide revolves around gang activity. To learn more about gang homicide, Klein (1995) compared gang and nongang homi- cide in Los Angeles. He found that gang homicides were more likely than nongang homicides to occur in the streets, involve autos, guns, and unidentified assailants. Injuries to those other than the homicide victim and fear of retaliation were also more common in gang homicides than in nongang homicide. Offenders and victims in gang homicide were more likely to be male and Hispanic than those involved in nongang homicide. Finally, on average, suspects in gang homicide were younger than those involved in nongang homicide. With respect to the point of this chapter, how- ever, note that the average age of Los Angeles gang homicide suspects was 19.4 years of age. In other words, many but not all of the killings described by Klein (1995) would involve juveniles.

Still, the connection among gangs, drug trafficking, and murder is believed by many to be so strong that the considerable decreases in U.S. murder rates that occurred in the 1990s are attributed to changes in the crack cocaine market and the reduction of gang wars over territory. But scholars continue to explore the relation- ships among drugs, drug trafficking, murder, and other violent crimes. Goldstein (1985) proposed three probable relationships between drugs and violence. First, the “pharmacological” effects of drugs may contribute to violent behavior committed by the offender. Second, drug users may commit crimes so they can afford to buy illicit drugs, which are often expensive because of their illegality. Third, violence is com- monly used by those in the illegal drug business to secure and maintain territory for drug sales or as a way of deterring those in the business from violating business norms.

It is the third connection between drugs and violence that many believe explains much of the youth homicide in a several large cities that drove the great increases in youth homicide during the 1980s and early 1990s (Block & Christakos, 1995). Although some studies fail to support the idea of strong relationships between gang- related homicide and drug trafficking, others have concluded that drug trafficking is directly related to homicide through drug market wars and indirectly related to homicide by bringing individuals from rival gangs together (Block, Christakos, Jacob, et al., 1996; Klein, 1995). Others have argued that firearm ownership is a stronger predictor of youth homicide than gang use and drug sales. Still, there is a strong connection among gun use, drug sales, and gang membership, making it difficult to determine whether one factor contributes more to youth murder than another (Moore, 1990).

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BOX 9.5 Six-Year-Old Kills at School

February 29, 2000, was the last day of 6-year-old Kayla Rolland’s life. She was shot to death in her elementary school in Flint, Michigan. The shooter was a 6-year-old classmate who had brought a .32-caliber handgun to school. A teacher and other children witnessed the killing. The young boy shot only one shot, but it hit Kayla in the neck. After the shooting, he ran to the bathroom where he threw the gun in the trash can. Kayla was rushed to a hospital and died within the hour. The boy was not charged with the crime because as Genesee County Prosecutor Arthur Busch stated, “There is a presumption in law that a child . . . is not criminally responsible and can’t form intent to kill” (BBC News Online, 2000).

The young shooter retrieved the gun from a bedroom where he lived. Some suggested that the house was a crack house and the child had to live there with a family member because his mother had been evicted. Accord- ing to prosecutors, the gun belonged to 19-year-old Jamelle James. Prosecutors charged James with manslaughter for Kayla Rolland’s death. They argued that he had shown off with the pistol in front of the young boy whose name was withheld for his protection. They also claimed that James kept the gun loaded in his bed making it accessible to the young shooter (Anonymous, 2000). James pleaded no contest to involuntary manslaughter and was sentenced to a prison term of 2 to 15 years (CBS News, 2000). Do you agree with the sentence James received? What do you think should happen to the young killer, if anything?

WEAPON USE AND CO-OFFENDERS: HOW DO CHILDREN KILL?

Male juvenile killers are more likely to kill with firearms than are female juvenile offenders. Nearly three fourths of male juvenile offenders used firearms, whereas less than half (41%) of female juvenile offenders killed with guns. Boys used knives in 14% of the homicides they committed in comparison to girls who used knives in 32% of homicides they committed. More than a fourth (27%) of female juvenile offenders used other methods such as drowning, strangling, or beating their victims. Boys used other methods in only 14% of the murders they committed.

According to the data from 1980 to 1997, the number of juvenile offenders who had a co-offender increased with the offender’s age. About half of juvenile homicide offenders age 14 to 17 killed with a co-offender. Children younger than 10 years who killed were far less likely to have a co-offender, with only 14% of children under 10 years killing with another. Approximately a quarter of 10-year-olds (28%) and exactly a quar- ter of 11-year-olds killed with a codefendant. Almost a third (32%) of 12-year-olds and 42% of 13-year-olds had co-offenders. Older juveniles were more likely than younger juveniles to kill with adults. Younger children who had co-offenders were more likely to

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MOTIVE: WHY DO CHILDREN KILL?

An ominous foretelling of what would dominate news headlines in the 1990s occurred in 1987 when honor student Nathan Ferris responded to teasing with deadly violence. Ferris shot and killed a fellow student with his father’s .45 caliber pistol, which he had brought from home apparently to use against children who teased him. Young Nathan was a loner and children often teased him. After shooting his classmate, Ferris shot and killed himself. Shootings like this one and the many well-publicized school shootings across the United States in the second half of the 1990s posed new questions about adolescent murderers. Many of the young school shooters who dominated the news at the end of the twentieth century did not kill for profit or out of passion. (See Table 9.4 for a list of school shooters.) They were not young urban African American children involved in gang violence. The young men who killed in school were mostly white suburbanite teens who came from seemingly good middle-class families. Moreover, these young boys often planned massacres with the intention of killing many of their classmates and teachers (Smith, 2000).

Research suggests that young people who kill do not kill out of the blue. Instead, many of these children have not only been exposed to violent and abusive environ- ments, but often the children themselves have displayed aggression in the past (Dent & Jowitt, 2003). In a review of the literature in 2003, Kathleen Heide noted that stud- ies indicate it may be important to differentiate between adolescent and preadoles- cent homicide offenders when attempting to determine why young people kill. Children under the age of 9 who kill may not understand the reality of death and fail to realize the irreversibility of their actions (Heide, 2003). Preadolescent killers tend to kill on impulse, whereas adolescent killers are apt to be influenced by their involve- ment in gangs or in response to particular situations, such as in confrontational homicide situations as discussed in Chapter 7 (Heide, 2003).

As with all homicide offenders, it is difficult to determine what factors lead the very few children who kill to kill. The theories in Chapters 5 and 6 may be used to explain homicide by some children. Often children who kill are found to be suffering from psychological disorders or more severe psychopathology such as psychosis (Heide, 2003). However, it is important to realize that many of the studies that report children who kill have mental disorders use convenience samples obtained by psy- chologists and psychologists. In other words, much of what we know about children who have killed has been learned from studying children who have been assigned to psychological or psychiatric treatment (Heide, 2003). Although it is not difficult to believe that many children who kill have mental problems of some kind.

Many studies, nonpsychological and others, have indicated that abuse is not uncommon in the backgrounds of adolescent and preadolescent homicide offenders.

kill with other youngsters (Snyder & Sickmund, 1999). Heide (2003) has also reported that girls are more likely than boys to employ accomplices to kill the girl’s family mem- bers (with the exception of their own infants). Fifteen-year-old Holly Harvey, for exam- ple, employed the help of her girlfriend Sandy Ketchum in the brutal 2004 stabbing murders of Harvey’s grandparents Carl and Sarah Collier in Georgia (Shirek, 2004).

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TABLE 9.4 Student Fatal School Shooting* Incidents, 1990–2005

Date Student Shooter(s), Age(s) Location Number of Fatalities

Jan. 18, 1993 Scott Pennington, 17 Kentucky 1 teacher, 1 janitor Feb. 2, 1996 Barry Loukaitis, 14 Washington 1 teacher, 2 students Feb. 19, 1997 Evan Ramsey, 16 Alaska 1 principal, 1 student Oct. 1, 1997 Luke Woodham, 16 Mississippi 2 students (and his mother) Dec. 1, 1997 Michael Carneal, 14 Kentucky 3 students Mar. 24, 1998 Andrew Golden, 11, and

Mitchell Johnson, 13 Arkansas 1 teacher, 4 students

Apr. 24, 1998 Andrew Wurst, 14 Pennsylvania 1 teacher Apr. 28, 1998 Unidentified, 14 California 2 students May 19, 1998 Jacob Davis, 18 Tennessee 1 student May 21, 1998 Kip Kinkel, 15 Oregon 2 students (and his parents) Apr. 20, 1999 Dylan Klebold, 17, and

Eric Harris, 18 Colorado 1 teacher, 12 students,

themselves Apr. 28 1999 Unidentified, 14 Alberta, Canada 1 student Nov. 19, 1999 Victor Cordova Jr., 12 New Mexico 1 student Feb. 29, 2000 Unidentified, 6 Michigan 1 student Mar. 16, 2000 Unidentified, 16 Germany 1 school director May 26, 2000 Nathaniel Brazill, 13 Florida 1 teacher Aug. 4, 2000 Unnamed, no age Brazil 1 student Sept. 26, 2000 Darrell Johnson, 13 Louisiana 1 student Mar. 5, 2001 Charles Andrew

Williams, 15 California 2 students

Mar. 30, 2001 Donald R. Burt Jr., 18 Indiana 1 student Apr. 26, 2002 Robert Steinhaeuser, 19 Germany 13 teachers, 2 students,

1 police officer, himself Apr. 29, 2002 Dragolav Petkovic, 17 Bosnia-Herzegovina 1 teacher, himself Sept. 24, 2003 John Jason McLaughlin, 15 Minnesota 2 students Jan. 13, 2004 Murati D., 17 Hague, Netherlands 1 deputy headmaster Feb. 2, 2004 Unidentified Washington, DC 1 student May 7, 2004 Unidentified, 17 Maryland 1 student May 21, 2004 Unidentified, 17 New South Wales,

Australia 1 student

Jun. 1, 2004 Luis Quinones, 17 U.S. Virgin Islands 1 student Sept. 8, 2004 Unidentified, 15 Argentina 3 students Nov. 5, 2004 Unidentified, 18 South Africa 1 student Mar. 11, 2005 Unidentified, 15 South Africa 1 principal Mar. 21, 2005 Jeff Weise, 16 Minnesota 1 teacher, 5 students,

1 security guard, 2 relatives Mar. 29, 2005 Unidentified; no age given Turkey 1 teacher Nov. 8, 2005 Kenny Bartley, 15 Tennessee 1 principal

*See these sources for a listing of other school shootings that were not fatal as well as for fatal killings that were not shootings, cases before 1990, and for those in which the offender was not a student at the school where the killings took place.

Sources: Compiled from Indianapolis Star.com, 2005, and the Angels of Columbine Website, 2006.

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Additionally, many young homicide offenders have records, as do many of their par- ents (Holmes & Holmes, 2001). Gang affiliation, alcohol abuse, and educational problems are also often found to be common among juvenile homicide offenders (Busch, Zagar, Hughes, et al., 1990; Holmes & Holmes, 2001). Still others have noted that violence may be associated with early factors in children’s development such as what one’s mother ingested while pregnant, nutritional deficiencies, ineffective disci- pline. and even lack of consistency by caregivers (crimelibrary.com).

Although much excellent psychological research is available on children who kill, in her 2004 book about school shootings, Katherine Newman uses a sociological per- spective to examine school shootings. Instead of focusing on the personalities and potential mental problems of the young boys who massacred others, Newman exam- ines the culture and social structure of schools. Newman notes that media violence, gun culture, a culture of violence, family problems, peer relations, mental illness, bully- ing, demographic change, and copycatting have all been blamed for school shootings. She contends that all of these explanations hold some water. However, she believes that one reason alone does not account for murderous rampages by children. Instead, she proposes five causes that are necessary for such a killing to happen, although she notes that these are not sufficient causes (Newman, 2004). The causes are as follows:

1. The young shooters’ self-perceptions are that they are marginal. 2. The shooters are experiencing psychosocial problems that make their mar-

ginality more extreme than it is in reality. 3. A cultural script of masculinity in our society suggests that shooting people

will gain them the respect they desire. 4. The organization of public schools in the United States makes it difficult to

recognize warning signs given off by the young killers. The signs are missed by teachers and administrators, and if recognized by peers, the children do not report to the administrators.

5. The easy availability of guns in U.S. society.

BOX 9.6 Media Violence and Children who Kill

In an article in Phi Kappa Phi’s National Forum, West Point military psychol- ogist Lieutenant Colonel David Grossman reports how amazing it is that 14-year-old Paducah, Kentucky, school shooter Michael Carneal was able to shoot eight classmates with only eight shots. After only a few practice shots with a stolen .22 pistol, Carneal made eight out of eight “kill shots;” five in the head and three in the chest. Grossman, who trains elite military forces and law enforcement agents, asks how a 14-year-old boy acquires “the skill and the will to kill” (Grossman, 2000). His answer is “video games and media

continued

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CRIMINAL JUSTICE PROCESSING: WHAT HAPPENS TO CHILDREN WHO KILL?

With the introduction of juvenile court in Illinois in 1899, juveniles who committed crimes were viewed and treated differently from their adult counterparts. Many peo- ple believed that children, especially young children, did not possess the mental capacity that would make mens rea possible. Further, it was believed it was best not to label children as criminals but on occasion to intervene in their lives and help set them on a better path. Certainly, this approach worked for many children, but as con- servatism grew in the United States and as violent juvenile crime increased in the 1980s and 1990s, legislatures began enacting laws that allowed juveniles to be treated as adults.

The Juvenile Offender Act of 1978 (also known as the “Willie Bosket Law”) was introduced in New York in 1978. It allowed juveniles as young as 13 years old to be tried in adult courts. The law is named after Willie Bosket, who killed another young man in a fight and shot and killed two additional men on the subway in New York just because he wanted to see what it was like to kill another human (Butterfield, 1996).

As more attention was focused on juvenile crime in the 1980s and 1990s, more states followed New York’s lead, and by 1999, juveniles could be tried as adults in all

violence.” Grossman argues that most animals, including humans, have a “natural resistance to killing their own kind.” In fact, he notes that the mil- itary has learned over time that most military recruits are resistant to killing others and must be trained to kill. The military, according to Grossman, uses “brutalization, classical conditioning, operant conditioning, and role model- ing” to teach military personnel to kill. So what does this have to do with school shooters and other children who kill? Grossman argues that through a constant bombardment of media images of violence, children become desensitized to the reality of violence and death. The skills to be able to shoot “successfully” and, in particular, to shoot humans are learned through violent video games that teach children to kill with “military precision.” Finally, children learn through watching their heroes kill in stylized violence sequences that killing others is a viable solution for dealing with problems.

Grossman uses scientific studies to back up his claims, but some will argue he is overexaggerating the connection between media violence, violent video games, and children who kill. What do you think? What argu- ments could you make to support him? What might you argue against him? What evidence might we use to support or oppose his claims? You may want to read Grossman’s article for yourself; he has it posted on his “Killogy” site: http://www.killology.com/article_teachkid.htm.

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50 states. Traditionally, the decision about whether a youth would stand trial in adult criminal court was left to a judge. However, between 1992 and 1997, 44 states added or amended their transfer provisions, making transfer to adult court more likely. In some states the decision is still at the discretion of a judge; in others, the judge must explain why he does not transfer the children, and in the most restrictive jurisdic- tions, the waiver to adult court is mandatory if the case and youth meet particular conditions such as age, criminal history, and seriousness of crime requirements (Snyder & Sickmund, 1999).

In many states, the prosecutor asks for a waiver so a child will be prosecuted in an adult criminal court; other states require the judge to initiate a waiver. Then it is usually the juvenile court judge who makes the decision about whether to waive jurisdiction. Typically, however, the judge is not totally free to make the decision to transfer a youth. Instead, in most cases, one or all three of the following criteria are required: the current crime for which the child is being charged must be serious (e.g., murder or manslaughter), he or she must be of a particular minimum age, and he or she must have a previous record of serious offending. Still, in all states, the juvenile court is required to hold a hearing in which the prosecution and defense may present evidence in support or in opposition to the waiver. Usually, for a juve- nile to be waived there must be a preponderance of evidence in support of bound- ing the youth to adult court. Usually the Juvenile Court must consider not only the best interest of the public but what would be best for the youth, although the exact balance between the public and the youth’s interest varies by state (Griffin, Torbet, & Szymanski, 1998).

The nation is still not at ease with bounding children over to adult courts, as exemplified in the case of Lionel Tate. At age 12, Tate killed Tiffany Eunuck, a 6-year- old neighbor girl whom his mother was babysitting. According to court testimony, Tate was imitating wrestling moves that he had learned while watching professional wrestling. Tragically, Tiffany died as the result of the Tate’s actions. A jury in adult criminal court found Tate guilty, and he was sentenced to life in prison (Gaines & Miller, 2004). In 2004, his sentence was overturned in appeals court because it was ruled that the court had not determined whether Tate had the mental capability to understand the charges against him. In lieu of another court trial, Tate pleaded guilty to second-degree murder and was sentenced to time served plus a year of house arrest. Sadly, Tate continued on in crime, and by the age of 19 in 2006, Tate was sen- tenced to return to prison for 10 to 30 years for a parole violation. Tate had violated his parole by being in possession of a gun and allegedly robbing a pizza delivery man in 2005 (Skoloff, 2006).

In 2005, a case of a 7-year-old Florida boy reintroduced the question of what to do about youngsters who murder and especially the very young. According to news- paper accounts, the 7-year-old Florida boy beat his 7-month-old half sister to death with his hands and feet and a piece of lumber. In Florida where the murder took place, there is no age barrier for homicide cases. However, authorities were struggling with what to do, believing it would be very unlikely that the young boy had the men- tal capacity that would make criminal intent possible. However, to do nothing would be unfathomable (Dennis, 2005).

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BOX 9.7 Should Parents Be Held Accountable?

Should parents be held responsible when their children kill or otherwise harm another person? What if a child kills with a gun found in his or her own home? Some states are holding parents responsible for their children’s delin- quency. The methods by which parents may be charged varies from legisla- tion first initiated in Colorado in 1903 that made it illegal to contribute to the delinquency of a minor to laws in some states that require parents of children who get in trouble to attend counseling sessions. Some states now have laws that hold parents criminally or civilly responsible for their child’s action. The penalties for failing to keep one’s child out of trouble vary widely and include mandating parental participation in juvenile court proceedings and financial fines to cover court costs and any harm their child has done or for the treatment and detention of their child. Parents may also be required to attend parenting classes or if found negligent, they may be sentenced to jail (Office of Juvenile Justice and Delinquency Prevention, 1997).

The idea of holding parents responsible has gained public support, but the reality may be more difficult to enforce. Moreover, there is no research that considers whether it works or not. What do you think about holding parents responsible for their children’s actions? What penalties would you support for a parent whose child commits murder? Do you think these laws are likely to prevent youth homicide?

This chapter focused on children who kill, including historic and more recent cases that lead to many questions about how children who kill should be treated in the criminal justice system. Killing by youth has captured much attention in the United States with the great increases in the 1990s and the infamous school shootings whose aftermaths were broadcast on television screens across the nation. Nevertheless, in this chapter the data showed that children were arrested for less than 10% of all homicides in the first years of the twenty-first century. Still, the data show that youth in the United States commit hundreds of homicides each year, and relative to other counties, U.S. numbers are alarming. There is relatively good news, however: Juvenile homicide has been decreasing since 1993 with the lowest levels ever recorded in 2002. In this chapter, as in other chapters, we saw that homicide offending varies by both sex and race, and interestingly some places in some years have no youth homicide offenders at all. That children tend to kill acquaintances was noted, and special atten- tion was paid to parricide and gang killings. Like adults, children who kill do so for various reasons. In this chapter, psychological and sociological explanations for such crime were reviewed. Finally, the chapter ended with a discussion about what hap- pens to children who kill, with special attention to the relatively new process of bounding over children to adult courts.

SUMMARY

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CHAPTER QUESTIONS

1. Why are children under age 7 not always charged if they kill another person? 2. What percentage of those arrested for murder and nonnegligent manslaughter

for the years 2002 to 2004 were younger than 18 years? 3. When did adolescent killing peak? 4. What are some of the differences between female and male juvenile homicide

offenders? 5. How does adolescent homicide offending vary by race? 6. How does youth homicide in the United States compare to youth homicide in

other countries? 7. Do juveniles tend to kill alone or with co-offenders? 8. Thinking about what you now know about the data on race and youth homicide

and that youth homicide is more predominant in some cities, how might you explain the differences? How might the possible motives for such homicide help explain these differences?

9. Who do children kill? 10. What is parricide? 11. What are the most common weapons used by children to kill? 12. What are the different explanations given for why children kill? Which do you

find most believable? 13. What are the five causes that Newman believes are necessary for a school shoot-

ing to occur? 14. When, if ever, do you think juveniles should be tried in adult courts? 15. What is the Willie Bosket law? 16. What do you think should be done about very young children who kill? Be sure to

consider front door (before the crime) and back door (after the crime) solutions.

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