Children & the Law Blog

Unfortunately, children are sometimes confronted with serious adult situations with lifelong consequences. On April 2, 2008, a fourteen year old Baytown girl encountered such a situation when she gave birth to a baby in the restroom of her junior high school (Houston Chronicle Story). According to the girl’s lawyer, she was unaware she was pregnant and also unaware she had given birth. (Girl’s Story) According to the Baytown police, she intentionally or knowingly killed the baby. On June 26th she was charged with capital murder, and if tried as an adult, could spend the rest of her life in prison without parole. Capital murder in Texas for an adult has two punishments: death or a life sentence without parole. In 2005, the Supreme Court ruled in Roper v. Simmons that the death penalty is unconstitutional for persons under the age of 18. This leaves life without parole as the only available punishment for capital murder committed by a person under the age of 18. The average life expectancy of an American today is 78 years (Source). If found guilty of capital murder, then this girl is expected to spend 64 years in prison.

What We Know From the Press

Its easy to get a distorted view of a situation like this and make assumptions based off of bits and pieces of information presented in the media. From what I’ve read, these seem to be the relevant facts:

The girl was at full term between 35 and 36 weeks. The baby boy was born 5 pounds 6 ounces and 18 inches long. It is uncertain whether or not the girl knew she was pregnant. The girl was in the nurses office for 2 and a half hours with a heating pad for complaints of cramps that morning. After leaving the nurse’s office she went to the restroom where she then gave birth. No adults knew the girl was pregnant, including her parents and the nurse. “The Medical Examiner’s Office determined that the baby boy died after being submerged in water with paper obstructing his airway and receiving blunt force trauma to his head and neck.” (Baytown Sun Article) After a 12 week investigation, the Baytown Police believe the evidence shows that this was done intentionally and knowingly.

Capital Murder in Texas

In Texas, murder is “intentionally or knowingly causing the death of an individual.” Tex. Penal Code §19.02(b)(1). To be capital murder, the crime must be committed with one of the circumstances listed under the capital murder statute. §19.03(a). In this case, the relevant circumstance was the age of the victim. It is capital murder if the victim is under six years old. § 19.03(a)(8). A prosecutor has discretion when deciding what charges to bring against the defendant. So for example, the prosecutor could charge the defendant with a lesser offense, even though all the elements of capital murder are present. However, in Harris County, the District Attorney’s office has a policy of charging defendants with the highest level crime for which all the elements are met. As of now, the prosecutor for this case is following that policy. (Houston Chronicle)

Adult or Juvenile: A Critical Decision

If this girl is not tried as an adult, but instead tried as a juvenile, then the maximum sentence she can receive is 40 years in prison. Tex. Family Code § 54.04(3)(a)(i). She would be sent to a TYC facility until the age of 19. (Overview of TYC) After turning 19, she would then be transferred to the adult prison system to finish the remaining 35 years of her sentence. If given the maximum 40 years, she would leave prison at the age of 54. In determining whether to waive original jurisdiction and transfer the girl to the adult criminal court, the Judge should look at several factors according to Tex. Family Code § 54.02(f):

(1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against the person;

(2) the sophistication and maturity of the child;

(3) the record and previous history of the child; and

(4) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services, and facilities currently available to the juvenile court.

“This is a very, very serious offense,” Thomas said to the girl. “But this is not permanent,” he said. “Your detention can be re-evaluated again in 10 days. So remember, we’ll be watching very closely to see if you behave appropriately.”(Houston Chronicle Article).

(e) At the conclusion of the hearing, the court shall order the child released from detention unless it finds that:

(1) he is likely to abscond or be removed from the jurisdiction of the court;
(2) suitable supervision, care, or protection for him is not being provided by a parent, guardian, custodian, or other person;
(3) he has no parent, guardian, custodian, or other person able to return him to the court when required;
(4) he may be dangerous to himself or may threaten the safety of the public if released; or
(5) he has previously been found to be a delinquent child or has previously been convicted
of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released.

Roper v. Simmons and the Moral Culpability of a 14 Year Old Girl

[T]he Thompson plurality stressed that“[t]he reasons why juveniles are not trusted with the privileges and responsibilities of an adult also explain why their irresponsible conduct is not as morally reprehensible as that of an adult.”Id., at 835, 108 S.Ct. 2687. According to the plurality, the lesser culpability of offenders under 16 made the death penalty inappropriate as a form of retribution, while the low likelihood that offenders under 16 engaged in “the kind of cost-benefit analysis that attaches any weight to the possibility of execution” made the death penalty ineffective as a means of deterrence. Id., at 836-838, 108 S.Ct. 2687

[A]s any parent knows and as the scientific and sociological studies respondent and his amici cite tend to confirm, “[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.”

Capital murder in Texas is reserved for the most severe forms of murder. It carries with it the two most severe penalties in our criminal justice system. Although Roper was about the death penalty specifically, the Supreme Court makes important points about how we punish children under the age of 18. A 14 year old girl has a lot of life left to live. This makes a life sentence even that much more severe and that much more important to diligently apply in a fair and just way.

To be continued…

The events in Baytown at this junior high school is truly a tragedy. A newborn baby has been killed by what looks to be the actions of his young mother. The fate of that baby was in his mother’s hands that day, and now her fate is in our hands. As a society we must now decide what should be done. What eventually is done will reflect upon us as a society. The judicial process is really only just beginning for this girl and there is a long way left to go.

References:

Kent Greenawalt, Punishment 3 Encyclopedia of Crime and Justice 1282 (Joshua Dressler, Editor-in-Chief 2d ed. 2002, 1286-1287 in Joshua Dressler et al., Cases and Materials on Criminal Law 32, 36, 39 (3d ed.) 2003.

Michael S. Moore, The Moral Worth of Retribution Responsibility, Character, and the Emotions: New Essays in Moral Psychology (Ferdinand Shoeman, ed. 1987), 179-182 in Joshua Dressler et al., Cases and Materials on Criminal Law 32, 36, 39 (3d ed.) 2003.