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Rstanley0312

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Lets just make it "Criminal Negligence" and try her as an adult.
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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Lets just make it "Criminal Negligence" and try her as an adult.



That's a way better idea.
Life is all about ass....either you're kicking it, kissing it, working it off, or trying to get a piece of it.
Muff Brother #4382 Dudeist Skydiver #000
www.fundraiseadventure.com

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First of all, this is not a criminal case, it's a civil case. It's also not about a juvenile being "tried as an adult"; that, too, is only an issue in a criminal context.

As far as I know, every state in the US - sometimes by statute, sometimes by caselaw - has a rule that essentially says that below the age of "X", a minor is presumed incapable of civil negligence. Depending on the state, it's usually somewhere between the age of 4 and 7. That's every state, I believe, not just NY or only a few of them; and it's pretty much always been the case; it's not a recent trend.

Above the minimum age, in every state, it is simply legally permissible to civilly sue a minor for alleged negligence. To make a long story short, the younger the minor is, the harder the burden is to prove that the child had the developmental capacity to commit negligence. Very difficult with a single-digit age kid riding a bike; a lot easier with a 16 or 17 year old kid who runs a red light while driving a car.

The moral of all this: don't get your knickers in a knot.

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First of all, this is not a criminal case, it's a civil case. It's also not about a juvenile being "tried as an adult"; that, too, is only an issue in a criminal context.

As far as I know, every state in the US - sometimes by statute, sometimes by caselaw - has a rule that essentially says that below the age of "X", a minor is presumed incapable of civil negligence. Depending on the state, it's usually somewhere between the age of 4 and 7. That's every state, I believe, not just NY or only a few of them; and it's pretty much always been the case; it's not a recent trend.

Above the minimum age, in every state, it is simply legally permissible to civilly sue a minor for alleged negligence. To make a long story short, the younger the minor is, the harder the burden is to prove that the child had the developmental capacity to commit negligence. Very difficult with a single-digit age kid riding a bike; a lot easier with a 16 or 17 year old kid who runs a red light while driving a car.

The moral of all this: don't get your knickers in a knot.



My knickers are good but I was unaware of everything you just said. I can see 16 or older but this story made my stomach turn. Then again the "sue happy" world we live in does as well.
Life is all about ass....either you're kicking it, kissing it, working it off, or trying to get a piece of it.
Muff Brother #4382 Dudeist Skydiver #000
www.fundraiseadventure.com

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