Posted: June 23rd, 2022

The Murder of Marie Smothers

The Murder of Marie Smothers
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The Murder of Marie Smothers
Introduction
With the excessive improve of juvenile offenders, legal justice programs have to focus and resolve on whether or not to focus on neighborhood security or restorative justice. Age and in criminology have created varied controversies uniquely the place completely different justice programs take care of the crime associated to age and gender variations (Hirschi, and Hindelang, 2017, web page, 121-142) . Over the previous three a long time, the legal justice system of England has made efforts to implement punishment for homicide instances.
The England justice system, nonetheless, work in direction of implementation of a compulsory life sentence for homicide the place most offenders convicted for homicide get charged for all times imprisonment. Juvenile and grownup homicide instances are handled otherwise and given completely different verdicts in probably the most legal justice system. Most homicide instances involving kids beneath the age of ten go uncharged—as an illustration, the homicide of Marie smothers by an eight-year-old boy in Luciana. The paper is a case research in regards to the killing of Marie Smothers and the way age of offenders impacts justice.
Case Assessment
The homicide of Marie Smothers entails an eight-year-old boy whose identify has by no means been disclosed. The eight-year-old boy deliberately shorts and eighty-seven to ninety-year-old grandmother. The aged grandmother was Louisiana boy caregiver, the place the report doesn’t present whether or not have been associated (Sohail, Arshad, and Habib, 2017, web page 31-32). The incident obtained reported by the East Feliciano Sheriff’s division in a cellular residence park in Louisiana. The gun utilized by the eight years of boy belonged to Smother, in accordance with the boy’s father. In the course of the legal investigation, the shut household, in addition to a buddy’s testimonies, said that the 2 had an in depth and loving relationship the place each shared a bed room.
Marie Smothers’s homicide occurred on a Friday, the place the boy shot his grandmother within the again of the pinnacle whereas watching tv. The girl died immediately from the gunshot, the place the police investigating the matter thought of the case as intentional, though the eight-year-old boy advised the police it was unintended (Sohail, Arshad, and Habib, 2017, web page 31-32) . The boy, nonetheless, reported having performed Grand Theft Auto IV recreation earlier than the incident, the place most individuals thus far imagine the sport was the basis trigger of the crime. Violent video games could have contributed to the homicide case, however the principle Question Assignment is how the boy accessed the gun. Though the eight-year boy was not charged for the crime, the crime was thought of by the police division as murder, the place the sort of weapon used was a Caliber handgun. In accordance with Louisiana legal guidelines, a person beneath the age of ten is exempted from criminality. The boy, due to this fact, was allowed to affix the mother and father and the identify launched because of the age issue.
Louisiana Juvenile Age Juridiction Legal guidelines
In accordance with Louisiana legal guidelines, kids beneath the age of ten are exempted from legal duty in accordance with the Louisiana state legislature code 14:13. Underneath the age of ten, any baby who commits against the law is launched to oldsters to endure care from the mother and father and the neighborhood (Abdulraheem-Mustapha, 2020, web page, 61-127). In accordance with Louisiana, juvenile instances get categorized into three, truancy instances, runaway instances, and ungovernable truancy. Kids beneath the age of eighteen get charged with truancy for going in opposition to the neighborhood and faculty guidelines. For a number of years now, the Louisiana legal justice system has tried to boost the age of juvenile to age seventeen. For a very long time now, the minimal age to convict a toddler has been ten years, whereas the utmost interval been sixteen years. A toddler committing the crime at age fourteen get subjected to jurisdiction within the legal courtroom. As an example, a minor on the age of fourteen alleged for first and second-degree homicide get prosecuted in accordance with La. Kids’s code, tit 111, Ch four, Artwork. 857 (Abdulraheem-Mustapha, 2020, web page, 61-127). Moreover, a toddler who commits a primary and second-degree homicide case on the age of fifteen get convicted within the grownup legal courtroom system.
The growth in Louisiana’s authorized system has led to varied modifications, together with the transition of seventeen years in accordance with the present insurance policies and decision-making methods (Doyle, 2019, web page, 59-107). The shift is going down in nearly all facets of the legal justice system, as an illustration, use of detention, sentencing and neighborhood choices, community-based prevention providers, legislation enforcement arrest and diversion choices in addition to facility-based providers.
In accordance with the jurisdiction age of Louisiana, minors beneath the age of ten are within the course of of psychosocial and neurological growth the place most get influenced by know-how, as an illustration, the case of the eight-year-old boy and Marie Smothers homicide. The eight-year-old boy, in accordance with the detectives, killed the grandmother because of the affect of the Grand Theft Auto IV recreation (Abdulraheem -Mustapha, 2020, web page, 61-127). Over 100 years, the state of Louisiana has hesitated in reviewing the jurisdiction age of juveniles. Juvenile delinquency, each beneath age ten and beneath age fourteen, is contributed by the kid’s mind growth and authorized precedents.
The first juvenile courtroom system created in Louisiana in 1908, the courtroom was primarily established for kids beneath the age of sixteen yr (Doyle, 2019, web page, 59-107). In accordance with the division of minority, the Louisiana juvenile justice system opinions on kids from the age of six to 14 are thought of as infants between age fourteen to eighteen as puberty whereas these between age eighteen to 25 as adults. Kids as much as the age of seventeen years make varied choices based mostly on mind growth the place most at this level, interact in impulsive behaviors. In accordance with scientific researchers, the mind absolutely develops when a person is within the early twenties. The neurodevelopment and psychosocial development in an individual distinguish one from a toddler or an grownup. Minors are susceptible to have interaction in criminality incessantly in comparison with adults. The neurodevelopment of a toddler could have an effect on how a toddler perceives and processes info acquired from friends or media sources.
Mind growth in a toddler takes place in two areas of the mind, the frontal lobe in addition to the prefrontal cortex. In comparison with adults, a toddler’s frontal lobe is much less developed in comparison with that of an grownup. The undeveloped frontal lobe in a toddler have an effect on analysis of reward and punishment, determination making, ethical judgement, future penalties in addition to danger Assessment. An underdeveloped kid’s mind is extremely related to making dangerous choices (Doyle, 2019, web page, 59-107) . In accordance with Louisiana state, youngsters beneath the age of seventeen have much less capacity to make rational selections, due to this fact, handled otherwise from adults. In distinction, these beneath the age of ten can’t be charged with against the law because of their incapability to make any determination regardless of the misconduct is intentional or not.
Impacts of Legal Justice System and Injustices because of Age of the Offender
Numerous analysis has provide you with completely different views on the results of legal justice on the offender’s age in addition to the injustices led to by the offender’s age (Rocque, Posick, and Hoyle, 2015,web page, 1-Eight). Some analysis findings, states that age is straight associated or correlated to sentencing, different research conclude that age mustn’t have an effect on sentencing and lastly, each age and sentencing has a optimistic affiliation. The age of the offender are inclined to impact the extent of sentencing rendered to an offender. As an example, youthful offenders could also be privileged to serve a much less sentence in comparison with older offenders. In most states, the legal justice system has varied impacts on the offender’s age (Rocque, Posick, and Hoyle, 2015,web page, 1-Eight). As an example, earlier than sentencing an offender, the justice system considers elements reminiscent of the flexibility to work, get an training in addition to turning into an impactful member of the society. Enhancement of equity and justice to all offenders from completely different age brackets, the legal justice system ought to decide options to imprisonment in addition to sentencing to make sure everybody committing against the law serves or get punished for the crime regardless of the age.
Psychological analysis and growth justify the completely different therapy of offenders, particularly younger offenders, younger adults, and adults. The justification is predicated on the truth that most younger offenders are nonetheless present process mind growth (Rocque, Posick, and Hoyle, 2015,web page, 1-Eight). Mind growth and age issue needs to be thought of throughout coverage growth in addition to endeavor legal justice practices. The legal justice system, in collaboration with the psychological research, concludes that folks from completely different age teams react or modify otherwise in direction of incarceration. In accordance with most analysis, older offenders are extra in prisons in comparison with younger people.
Older people consist of one-third of the overall inhabitants of inmates. The influence of age within the legal justice system is actual, the place offenders aged fifty and above don’t get leniency in comparison with youthful offenders. Older offenders obtain longer and harsh sentences in comparison with extra adolescent offenders, regardless of the crime dedicated. The extra former offenders are extremely more likely to endure incarceration in comparison with youthful offenders in addition to obtain prolonged phrases in jail. The legal justice system must develop insurance policies based mostly on authorized, social in addition to moral throughout the imprisonment of older offenders to create justice and equity.
The legal justice system acts otherwise in direction of offenders from completely different age-group based mostly on, well being, earlier convictions in addition to the character of the offense. Within the case of the eight years boy, the courtroom couldn’t convict the offender for the homicide because of consideration of the boy as a minor, well being standing in addition to earlier convictions (teng, et , al, 2020, web page, 104-105). Against the law dedicated by an eight-year-old is completely different from that decided by a 15, a twenty, and a fifty-year-old. Most of the time, the older offenders are inclined to have prior convictions in addition to seem resilient and match for incarceration in comparison with youthful offenders. The probability of an eight-year-old boy to die or get sick in jail is increased in comparison with a fifty or a twenty-year-old boy.
Moreover, the age issue will get affected by the legal justice authorized elements the place offenders with poor well being situations obtain fewer sentences in comparison with wholesome people. Well being, age, and vulnerability are essential issues to probably the most legal justice system when sentencing offenders of completely different age-group (teng, et ,al, 2020, web page, 104-105). In accordance with most studies, kids in crime are inclined to have an extended delinquency profession. The baby welfare affiliation, psychological well being affiliation in addition to the juvenile justice system work collectively to cut back and curb baby delinquency by avoiding integration of grownup intervention.
How do you punish a toddler accused of crimes reminiscent of homicide contemplating state legal guidelines in opposition to homicide in addition to equality within the legal justice system. Numerous instances about kids committing crimes are on the rise the place most children recognized to undergo from bipolar, psychosis in addition to varied anger points (teng, et ,al, 2020, web page, 104-105). Some of the cases embrace the eight-year-old boy killing his eighty-seven-year-old grandmother, a four-year-old taking pictures the daddy in Saudi Arabia, eleven-year-old killing the stepmother in addition to a nine-year-old woman stubbing an eleven-year-old woman in Washington.
Kids Crime Threat Elements
The trigger of Marie Smother’s homicide has raised arguments from varied researchers in addition to authorized practitioners. The boy not going by costs for the murder is unfair in direction of Marie and the household. Even after contemplating the crime as intentional, the offender had an opportunity to stroll freely with out the courtroom endeavor any justice (Cassady, 2017,web page, 102-391) . The offense may have been attributable to a number of elements often known as danger elements. As an alternative of contemplating Grand theft auto because the main root trigger of the crime, the violent recreation will be thought of as a danger issue in direction of criminality. Different danger elements in these instances embrace owing and accessing a gun, being male in accordance with most theories in addition to substance abuse. Marcia Smother’s homicide surrounded by a number of danger elements the place the depth of the chance could be the trigger of the crime.
Growth of delinquent behaviors begins at childhood which is influenced by elements reminiscent of developmental elements, interactions in addition to the environmental affect. The organic concept of delinquency states that delinquency in kids is in-born, however ecological elements contribute extremely to juvenile delinquency. Threat elements to delinquency are necessary in decide intervention and the right way to stop misconduct sooner or later. The extra the kid will get uncovered to danger elements, the extra the kid turns into weak to delinquency. As an example, the eight-year-old boy’s behavior of enjoying a violent online game could have led to the homicide.
Age is among the many risk-factors in direction of the crime the place in accordance with most instances reported in states like London, boys between the ages of ten to seventeen are extremely reported for committing against the law. Kids between age fifteen and eighteen report lower in delinquency in addition to these beneath the age of twenty-four. Early-onset delinquent kids are more likely to commit severe crimes sooner or later, due to this fact, costs or sanctioned to keep away from repetition of comparable crimes sooner or later.
Prenatal and perinatal elements contribute most to kids’s delinquency, the place most kids develop varied problems that manifest within the kind of legal behaviors (Cassady, 2017, web page,102-391). The problems happen from conception to the primary seven months of the fetus. Perinatal, then again, entails situations reminiscent of respiratory difficulties, apnea in addition to respiratory misery. The prenatal and perinatal situations result in irregular behaviors amongst kids throughout growth the place most kids going by severe perinatal and prenatal well being undergo social -problems. The phrases result in criminality not directly by the abnormalities precipitated. The defects embrace psychological regardless, studying disabilities in addition to mind dysfunctions. Prenatal and perinatal elements result in aggression to most kids therefore criminality reminiscent of committing homicide. Kids from mother and father going by psychological issues could endure points throughout developments resulting in baby delinquency.
Boys are extra weak to prenatal and perinatal in comparison with women skilled early throughout the developmental stage. As an example, kids going by impulsiveness and hyperactivity get related to delinquency greater than wholesome youngsters (Elrod, and Ryder, 2020). Dad and mom taking alcohol and different medicine have an effect on kids’s development in addition to could result in hyperactivity and aggression, resulting in delinquency.
Household influences are a risk-factor in direction of delinquency in kids; the eight-year-old boy being taken care of by the grandmother may have affected the kid psychologically, which may have been triggered by the violent recreation to commit homicide. Household constructions and functioning have an effect on kids’s psychology in addition to improve the chance of delinquency (van Berkel, Tucker, and Finkelhor, 2018,web page, 244-253). The function of mother and father in kids’s lives is important the place kids really feel safe in comparison with when raised by caregivers. There are numerous danger elements in direction of Marie smother homicide. The eight-year-old boy being a minor and a toddler not conscious of the results of the actions may have been accelerated and contributed by many elements.
The environmental and situational elements could have led to the homicide case the place the eight-year-old boy had easy accessibility to the gun. The presence of medicine of firearms could contribute to delinquency, particularly when the kid has earlier ideas of experimenting or punishing somebody. The eight-year-old boy’s accessibility to the gun led to the homicide, the place the inaccessibility of the firearm may have averted the crime from taking place (Hirschi, and Hindelang, 2017, web page, 121-142). Availability of the weapon and publicity to media violence is a gigantic contribution to the homicide case. Most kids are extremely vulnerable to abuse after watching or enjoying violent video video games, the place the movies are inclined to incite most kids into violence. Violent video video games result in aggression and have an effect on kids’s habits in varied conditions.
Influence of Video Video games on the Eight-12 months-Previous Boy
In accordance with most states, nationwide requirements, and kid’s growth, younger kids are exempted and excluded from the juvenile authorized system (Kratcoski, Kratcoski, and Kratcoski, 2020, web page, 71-97). Younger kids are thought of weak to most crimes and shouldn’t be uncovered to harsh penalties regardless of age. Numerous states have set a minimal jurisdiction age of ten years, as an illustration, Colorado, Louisiana, Nevada, Texas, Vermont, Wisconsin, Kansas, Arkansas in addition to American Samoa.
Different states have completely different minimal wages; as an illustration, the state of Washington imagine kids beneath the age of eight can’t perceive crime and actions for the courtroom to proceed. The state of California has no restrict on age to instances reminiscent of homicide, sexual penetration, oral copulation in addition to sodomy and rape (van Berkel, Tucker, and Finkelhor, 2018,web page, 244-253). Moreover, beneath the US kids’s rights, states are really useful to set legal duty minimal age, which isn’t lower than fourteen years. In accordance with the US, committee states ought to set a minimal interval of sixteen years in accordance with normal worldwide requirements.
The excessive rise of violent video games and the arrival of video video games has led to violent and legal habits amongst most juveniles. Though the findings contradict, researchers conclude that violent video video games could result in aggressiveness therefore growing criminality in addition to could scale back legal acts (Hirschi, and Hindelang, 2017, web page, 121-142). The explosion of know-how has led to the simple accessibility of computer systems and different digital devices. In accordance with the American psychological affiliation and the APA activity power on violent media, violent media video games could result in violent behaviors in addition to could improve empathy amongst most people. Violent video games reminiscent of Grand Theft Auto IV, have elevated violent acts to kids, each short-term and long-term behaviors.
Moreover, the violent recreation will increase anti-social behaviors amongst people in addition to improve actions prosaically by making a supply of concern amongst varied people. The extra a toddler is uncovered or hooked on enjoying violent video video games, the extra the kid turns into aggressive in accordance with research from each japanese and western international locations (Kratcoski, Kratcoski, and Kratcoski, 2020, web page, 71-97). Boys are vulnerable to enjoying violent video video games in comparison with women, the place boys are born with aggression in accordance with the organic and social concept of criminology. Among the many research carried out, a small quantity of research have proven that kids beneath ten years will be affected by enjoying violent video games. However, the contributing issue resulting in aggression within the recreation is the extraordinary competitors between the gamers making kids need to experiment.
Violence is a consequence of aggression, though not all assault results in destruction. Publicity to violent video games is a danger issue within the case of Marie smother crime apart from a trigger of the crime. Violent habits results in psychological instability, particularly to kids with anxiousness and bipolar in addition to could result in straightforward accessibility of the gun. The eight-year boy could have been affected by the Grand Theft Auto IV, recreation mentally making it simpler to entry and seek for a weapon in the home. The boy may have been conscious of the provision of the gun, however after the sport impact, he determined to test the place the weapon had been stored.
The violent online game is just not liable for real-life violence of the boy; the impact of violent video games on committing the crime is unconvincing. The online game is simply however a blame recreation to cowl up the minor’s crime. The main trigger and danger issue in direction of the crime is the accessibility of the gun in the home (van Berkel, Tucker, and Finkelhor, 2018,web page, 244-253). The Question Assignment needs to be based mostly on how an eight-year-old boy accessed the gun that belonged to the grandmother. The eighty-seven-year-old grandmother couldn’t have left the gun within the open. In accordance with assumptions, the grandmother had left the gun in a wardrobe or someplace closed to limit accessibility. The boy shot the grandmother deliberately, and the trigger of the crime was the simple availability of the firearm. The crime was dedicated because of the accessibility of the weapon, the place precautions may have been taken by protecting the arm out of attain.
A gun needs to be stored removed from kids’s attain, for instance, in a gun secure or hidden from kids. Marie Smother couldn’t have been killed if the gun was stored removed from the boy regardless of the psychological and behavioral impact led to by enjoying the online game. Regardless of kids’s stage of duties, kids are impulsive and unaware of legal actions in addition to penalties (Kratcoski, Kratcoski, and Kratcoski, 2020, web page, 71-97). The homicide blame mustn’t undergo substitute upon the eight-year-old boy however to the guardian and the boy’s mother and father for being irresponsible. An grownup mustn’t go away a gun in open in addition to loaded with bullets for straightforward use. At the very least the weapon mustn’t consist of photographs to keep away from instances reminiscent of unintended homicide. Regardless of the violent online game, the crime couldn’t have been dedicated within the absence of the gun.
Recomendation
To scale back instances of injustices because of completely different ages of offenders, the federal authorities ought to guarantee justice by rendering punishment regardless of the crime as an alternative of letting the offenders go free of the crime. Younger kids beneath the age of twelve, needs to be punished by counseling, neighborhood management, in addition to frequent police monitoring. Neglecting the significance of sentencing and punishment results in future delinquency since most kids reported for crimes at a youthful age find yourself getting concerned in criminality sooner or later.
The investigators, in addition to the legal justice system, ought to think about varied danger elements across the crime earlier than conviction of offenders (Hirschi, and Hindelang, 2017, web page, 121-142. Completely different aged offenders are affected by differing types of danger elements. Moreover, to keep away from injustice within the legal justice system, cops, in addition to different members of legal justice, ought to think about the safety of adolescents, kids in addition to delinquents. Lastly, the legal justice system ought to prepare mother and father on the right way to regulate aggression amongst kids, as an illustration, by limiting the use of violent video video games in addition to establishing wholesome means of elevating youngsters.
Conclusion
Age of offenders has led to numerous implications within the legal justice system together with injustice sentencing particularly when most instances reported recently are these on kids deliquency. The truth of Marie smother and the eight-year-old boy in Louisiana is among the many many varieties of crimes in varied states. The crime case raised controversy as to why the boy was not charged for the crime dedicated. In accordance with the investigation, the Louisiana boy was responsible, and the homicide was intentional though the boy may have been affected by violent video video games. The boy had no prior case of delinquency in addition to had a loving relationship with the grandmother, making it difficult to determine the trigger of the homicide.
Age of offenders within the legal justice system is among the many prime points that result in injustice sentencing. Folks of completely different age-group undergo disparate sentencing; as an illustration, kids beneath the age of ten, in accordance with Louisiana legal guidelines, aren’t charged for crimes dedicated as a result of the youngsters endure mind growth, due to this fact unaware of actions and penalties. Age and sentencing within the legal justice system are associated to well being, nature of the crime in addition to prior convictions. Delinquents with prior convictions get completely different remedies from the legal justice system the place some could undergo counseling, others let out whereas others incarcerated within the juvenile jail in accordance with the state’s legal justice system.
Some of the doable danger elements in direction of the homicide of Marie Smother entails prenatal and postnatal situations, environmental and circumstantial circumstance, and age in addition to household constructions. The ecological and oblique danger issue is carefully associated to occasions across the eight-year-old boy of Louisiana. Having easy accessibility to the gun in addition to having performed the violent online game may have led to the homicide. The relationship between the accessibility of the weapon and aggression attributable to violent video games, contributed to the killing.

Listing of References
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