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Does an 11-Year-Old Deserve Life in Prison?
Lawrence County Prison
Eleven-year-old Jordan Brown is accused of killing his father's pregnant fiancé with a hunting rifle. Does that means he belongs in an adult prison with rapists, murderers, and hardened criminals?
The funeral was held Tuesday, and the facts of the case are still unfolding, but police believe that before getting on the school bus last Friday, an 11-year-old named Jordan Anthony Brown shot his father’s pregnant fiancé, Kenzie Marie Houk, with a hunting rifle he’d gotten for Christmas.
Lawrence County, Pennsylvania, has charged Jordan with two counts of first-degree murder in the February 20 shooting, and placed the fifth grader behind bars. Jordan’s new home is the Lawrence County jail’s 8-by-10 suicide-watch cell. Why is a “super-juvenile” being held in something less like juvie and more like a “super-max”?
“That’s when I realized: Oh my goodness, I’m 15 years old,” said Joshua Phillips, serving a life sentence at a facility for adults.
In Pennsylvania, like in most states, a child over the age of ten can be charged and tried as an adult. Lawrence County District Attorney John Bongivengo theorizes that jealously over Houk, her pregnancy, and two young daughters led Jordan to commit premeditated murder, “callous, cold, and calculating.” Allegedly warning members of Houk’s family in December that he wanted to “pop” her in the head, Jordan is accused of shooting Houk precisely there. So he went to jail—not kiddie jail, but real jail.
Though sending an 11-year-old to live with rapists, bank robbers, and murderers might seem crazy, it happens, simply because America has no real system in place to deal with children accused of murder. Children kill, and when they do, they’re often charged as adults and sent to adult prisons to fend for themselves. We’re not talking about older kids who committed crimes just shy of their 18th birthdays—we’re talking about small children who are 13, 12, 11 years old.
The paradox of this issue is that child murderers are uncommon enough that little effort has gone into developing a mechanism for dealing with them. The homicide rate for US children under the age of 14 increased in the late ‘80s and ‘90s, but then fell to its lowest recorded levels after 2003. According to the FBI’s Uniform Crime Reports for 2007, ten children between the ages of 9 and 12 were convicted of murder, compared with 542 teens aged 13 to 16, and 1,966 teens aged 17 to 19.
Because of this, 11-year-old Jordan Brown is being treated the same way a 17-year-old would be, and could face a life sentence—Pennsylvania is one of the vast majority of states that allow juveniles to be sentenced to life without parole. In 2005, of the 2,200 juveniles serving life sentences without parole, 320 of them were 15 or younger when they offended. And though a few states do not allow life sentences without parole for preteens, ten states have no minimum-age limits.
Should Brown receive the maximum penalty, he would join a select fraternity, one that includes Eric Smith, who killed a 4-year-old friend when he was 13, and is now serving a sentence of nine-years-to-life in upstate New York. And Joshua Phillips, sentenced to life without parole at the age of 14 for killing his 8-year-old neighbor in 1998. Phillips began serving his sentence when he was 15 in the prison’s “general population,” sharing an open dorm with dozens of adult men. He recently recounted how young and exotic he felt in such an environment. “When I came out of the chow hall, I see this line of people… and they’re all old—60, 70 years old,” Phillips told the Florida Times-Union last November. “They’ve got canes and walkers and stuff like that. That’s when I realized: Oh my goodness, I’m 15 years old. It’s going to be 60 years before I look like them.”
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Thank you for this thoughtful take on a difficult subject. I agree that putting an 11 year old CHILD in an adult prison is never a good idea. This approach has no benefit to our society. Any hope of redemption will be destroyed by putting the kid into the destructive atmosphere of adult jail. If he is not a "bad kid" who is beyond help, he will be in short order. Our "tough on crime culture" needs to realize that children should be treated differently within the justice system, because they are different. Their brains are still developing. This story also makes a strong case for giving judges the discretion they need. Every case is different and mandatory minimums do more harm than good.
Guns don't kill people. People kill.... No,make that children kill... no, I mean... where's Charlton Heston when you need him.
Gee. What is the element that could change this story. Gun maybe? Take the gun out of the equation see if the situation changes. When are we going to wake up?
An 11-year-old knows nothing about life. He should not be treated as though he does.
You ask if the father kept the gun locked up. Clearly, you haven't read a lot about this case; it was the KID'S gun he used to kill his father's pregnant girlfriend, not his father's. That tells you a lot about the mentality of the father, that he gave his 11-year old a shotgun. This tragedy is not surprising when you mix the immaturity of a jealous 11-year old with the immediate lethality of firearms. How many kids in his situation have been worried about the upcoming changes due to the engagement of a parent? Probably thousands every day, but very little violence usually results because guns often aren't readily available. A gun only takes a fraction of a second to aim and shoot, way too short a time for a kid (or anyone) to reconsider their actions. This is yet another clear demonstration of the scientific fact that a gun in the home is many times more likely to kill a resident of that home than any intruder. Yet, politicians always toe the NRA party line and dismiss any need for changes, hoping for the furor in cases like this to just blow over. And it always does.
I think the father should be charged with aiding and abetting a felony murder. How is it that he can buy a rifle for his 11 year old son? That is the crime in this tragedy.
The father is most to blame because he gave his 11-year old child a shotgun. This is un-forgive-able. And we ask why this child did this? Because his very father explicitly condones it. Child are "children" for a reason. They're often not developmentally able to make good decisions about their lives. Factor in the competing signals of feeling neglected by a step mother with new kids introduced into the home and a gun and you have gross neglect by the caregivers.
Why isn't the justice system focusing on these things!?
I agree there should be a better system than to immediately inflict adult prison on child offenders.
But I disagree with the other implication of the peice and some of the comments that we shouldn't hold kids this age accountable for their actions, as we would an adult -- including the possibility of life sentences. I have a 10-year-old son. He fully understands the difference between right-and-wrong. He knows it would be unthinkably wrong to commit violence against someone, regardless of his personal motive, but for possible self-defense. Can he imagine what life in prison would be like as a consequence of his action? Of course not -- not even close. But understanding the consequences of being convicted of a crime should not be a requirement for judging if someone is accountable. That is not fair to the victims, their families or society.
Clearly there should be a substantial differences between these cases of willful homicide and those, like the last example, of accidental manslaughter.
I do agree with the other poster who mentioned a root problem was access to firearms in the household to begin with. To clarify, this boy used a shotgun specifically marketed as being for kids his age, which reflects the broader issue of why any 11 year-old needs experience with, let alone possession of, a gun. It was allegedly for hunting, of course. But that's a whole other argument, and I doubt it would change the outcome. Based on the available evidence, this wasn't an accident -- this boy killed with deliberation. Had the gun not been available to him he likely would have found a knife or another means to accomplish his purpose.
"Though sending an 11-year-old to live with rapists, bank robbers, and murderers might seem crazy"
It is crazy.
Lock children up, but give them activities, learning and counseling, because that is what they need.
They are not adults.
By housing them as adults and treating them as such, you are making sure that they will be only hardened criminals, and that will be their only future - as murderers, rapists, and theives.
Remember, there are light years on all levels between an eleven year old and an eighteen year old.
A child received a rifle as a Christmas gifts. The family, father, knew the weapons purpose. Used properly it was to kill animals, target shoot and for the child to become more skilled at target shooting. He knew the weapon could mortally wound both animal and human. He pointed the gun at a human and, unless it had a hair pin trigger, he knew exactly what he was doing and what could happen. Therefore his punishment should be consistent with other criminal offenders of his age. He'll probably go to a youth facility until he is 18.
I guess, "no," is the answer to your question. He should not be exposed to more violent deviant criminals.
Kids have had access to firearms throughout history. The problem here is these parents are allowing these kids access. Either the parents didn't teach their kids to respect life, or the kids are in need of psychological help.
citivas,
I'm sure this kid knew the difference between right and wrong. Regardless, he wanted to pop her in the head, he wanted to kill her and he did. If he didn't have a gun, perhaps he still would have killed her, but in another way. The fact that he thought those thoughts and acted on them makes him a sociopath, regardless of his age.
The only result from putting a juvenile comvicted of a crime in jail is a better criminal. Not better as in a better person, but better as in better able to commit and get away with crimes. Jail is crime school. There has to be a better way to deal with this boy that putting him in jail. The problem is that politicians and bureaucrats are cowards and cave to the popular will. If he were a cute little blonde girl, things would be different.
Another thought--if he had damaged property, his father would be responsible... just sayin..who gave him the friggin gun?
A child can begin hunting at 12 years old. I did and had access to several guns which I never would have considered using as a weapon. A gun is just a tool like a hammer or a wrench. The problem here is the parents. The father should be standing trial for manslaughter. And, anyone who thinks an 11 year old is competent to stand trial needs their head examined.
The real problem is that there are several thousand children who murder people every year, even in the best year on history there were still almost as many murders committed by children as people killed on 9/11. The murder rate in this country is appalling and disgusting.
@ AndreainNY: If an 11 year old is old enough to OWN a gun, he better know about life and the absence of life that can result from pulling the trigger. IF he was adult enough to shoot his dad's fiance, he is adult enough to suffer the consequences with others who made that very adult but ill advised decision.
If he does not survive prison, it is just society's way of culling the herd since his dad did not teach him proper respect for the use of firearms or to control his anger or respect for human life. If he did not learn those things in spite of his dad, well this is his just reward for ignorance. Every action has a consequence, for good or ill.
Why was this child put in this position in the first place. Why don't parents who are divorced put their children first. They never stop to think about how their children's feeling. If this young man hated the lady than I am sure the father realized it and should have thought of his child first. I know that sounds old fashioned but we have so many messed up kids today and maybe if parents start thinking of their children first we may not have this kind of thing happening.
Their is no hope for that boy you can't rehabilitate evil. He should soend the rest of his life in prison.
january13a, everything you wrote is completely consistent with my post. I guess we're on the same page...
How can a kid so young have so much hate in his heart, and jealousy.
I can't see how that is normal, and a kid like that could only get worse in jail, I would thing.
And when they let him out, if they do, who knows what he will be like.
What is wrong with the culture which creates such hatred in people. It seems to be getting worse, not to this extreme, but
It seems even on this blog, not this actual comment section, but in general, the hate seems to be a driver to tear down someone, and civil debate doesn't even to be a skill that people think of using in a comment section, of all things, they appear to think nothing of using the resource to tear people down.
So how does a kid like this learn better ways? In jail?
No he should not be in prison until he is 18 years old. Then put him in prison for life. He knows he was going to kill her.
He knew she would die. Keep him in a locked juvenile facility until he is 18
O.K. So the kid threatens to "pop" his dad's girlfriend and then is given a hunting rifle for Christmas? What's that about? I don't get it. Maybe a trip to a counselor would have been a more appropriate gift.
Yeah and even though the gun was his, it still should have been in a case under lock and key.
I agree with southern yankee that not enough people take raising their children as seriously as they should.
Am I imagining that in the mug shot on TDB's front page, it looks like this kid has a broken nose? In my experience, children who are violent (and I'm not talking about grabbing another toddler's toys at 2) have been subject to violence.
I'll bet this boy has a history of torturing small animals. That's how it begins. He knew exactly what he was doing. He must be incarcerated for life. Sociopaths cannot be rehabilitated.
Give him the death sentence ....
I am sure the Republicans on this board will agree with me ...
Look in his eyes, he looks like as future serial killer ...
Put him in a chair STAT ...
Lets face facts about the American justice system. Exceptions to the "Rules" tend to somehow be applicable to those who exist outside the relms of the inner city, urban and minority fractions. As I clearly remember how systematic and emphatic the penial and MSM was at trying to test run, as scientific proof, that African Americans were born with a crime gene, thus allowing the instutional infrastructure for the adult conviction of children who engage in violent acts. Notwithstanding, the numerous accounts of minority children routinely being tried and convicted as adults in this nation, and being overwhelmingly housed with the same group of adult criminals in question.
If this child, like so many others, are a menace to society, where we have no qualms as labeling some, why would we not treat him the same as other menances, be he child or otherwise. Why can we seek to find the humanity that's buried deep within White children and are easy to dismiss, as sociopathic and unreachable, the humanity in non-white children?
I think the point is that we have decided as a culture that murderers are not productive members of the society at large. It's pretty absolute. You don't have to be very old (certainly not older than 11) to know that you're going to kill someone with a gun. Therefore, perhaps he shouldn't be with the general prison population until he's an adult, but a life sentence does not seem overly harsh to me.
Thank you.
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