‘Does a 6-year-old understand death?’ – Chicago Tribune

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The recent fatal stabbing of a 2-year-old Joliet boy, allegedly at the hands of his 6-year-old brother, has bolstered calls to amend how Illinois’ criminal code handles young children.

Within hours of Joliet police responding to a 911 call from the mother shortly after 5 p.m. on Sept. 6, the older brother was placed in the custody of the Illinois Department of Children and Family Services, which arranged a mental health evaluation at a local hospital the next morning. The department declined to confirm if he was still in its care as of Wednesday since the investigation into the stabbing is ongoing.

The 6-year-old boy could be charged with murder because Illinois is one of 24 states without a minimum age for criminal responsibility.

“There are very real questions about whether children are capable of forming criminal intent, of understanding the impact of their actions and intending to cause harm,” said Lisa Jacobs, a law professor at Loyola University Chicago and the vice chair of the Illinois Juvenile Justice Commission. “Does a 6-year-old understand death?”

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