February 12, 2015
Judge Tom
1

Can an 11-year-old “intend” to kill someone?

Zuri-Whitehead

That is the question to be debated in Ohio this year. In February, 2015, an 11-year-old middle school student was charged with the murder of a two-month-old girl named Zuri.

The girl’s mother left the baby with her friend for the night. Her friend’s daughter took Zuri upstairs sometime after 3:00 in the morning. She returned downstairs with the baby and woke her mother. Zuri was reportedly bleeding and her head was swollen. 911 was called and Zuri died at the hospital.

Zuri (means beautiful in Swahili)

Zuri (means beautiful in Swahili)

The 11-year-old was arrested and charged with murder. There is no bail in juvenile court where she remains. A psychiatric evaluation has been ordered and the girl is not eligible for trial as an adult since the state of Ohio sets age 14 as the minimum age for adult prosecution. However, if the girl pleads guilty or is found guilty after a trial, she may remain in custody until age 21.

Can an 11-year-old child understand the consequences of beating a baby?  Is such a child capable of forming an “intent” to murder someone? These are legal questions that the state and defense will face in the coming months as this young defendant goes through the justice system.

We have written about youngsters committing murder in the past. It’s rare but does happen. Each state’s juvenile justice system handles these cases with the ultimate goal of rehabilitation before being released into society.

 

 

Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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1 Comment

  • John Held
    October 25, 2015 7:26 pm count( 0 )

    The real question that should be posed is not if an 11 year old can have the intent to kill it is whether this 11 year old had the intent to kill.
    Dear John: State laws set the age limit for prosecution. Then, the judge or jury decides intent based on the facts of the case. Thanks for writing us. -ATJ.info