Assignment Task: You are the Governor of a large southern state, and you have been asked to grant a pardon to a young man by his family and friends. Nathaniel, age 13, was convicted of second-degree murder in 2010 and received a 28-year sentence in the state penal system. Nathaniel was tried as an adult and was found guilty of murder for intentionally killing Mr. Barry G., his English teacher, because he was angry over receiving a failing grade and being suspended for throwing water balloons. During the trial, Nathaniel's attorney claimed that the gun Nathaniel had brought to school had gone off accidentally after he pointed it at Mr. G., in an attempt to force him to let Nathaniel talk to two girls in the classroom.
"As he's holding the gun up, he's overwhelmed with tears," Nathaniel's lawyer told the jury. "His hand begins to shake, and the gun discharges. The gun discharged in the hands of an inexperienced 13-year-old with a junk gun." The prosecutor countered that Nathaniel's act was pre-meditated. He claimed that Nathaniel was frustrated because he was receiving an F in the class, and he was angry because he was being barred from talking to the girls. His victim "had no idea of the rage, the hate, the anger, and the frustration" that filled Nathaniel's mind. There was also damaging information from the police, who reported that Nathaniel had told a classmate that he was going to return to school and shoot the teacher; he said he'd be "all over the news."
At his sentencing hearing, Nathaniel read a statement: "Words cannot express how sorry I am, but they're all I have." His mother, Polly, blamed herself for her son's actions, claiming that he was surrounded by domestic abuse and alcoholism at home.
Now that he has served 7 years in prison, Nathaniel's case has come to your attention. As Governor, you recognize that his conviction and punishment raise a number of important issues. His mother claims that his actions were a product of abuse and violence in the home. You have read studies showing that many habitually aggressive children have been raised in homes in which they were physically abused by their parents; this violence then persists into adulthood. Even though he was only 13 at the time of the crime, Nathaniel was sentenced to nearly 30 years in an adult prison.
In order to reach a decision here, you, as Governor, with the power of pardon, need to consider the following:
1. Should children who are subject to abusive treatment, such as Nathaniel apparently was, be punished again by the justice system?
2. Should Nathaniel be held personally responsible for actions that may have in fact been caused by a home life beyond his control?
3. Even though he was only 13 when he committed his crime, Nathaniel's case was heard in an adult court, and he received a long sentence to an adult prison. Should minor children who commit serious crimes, as Nathaniel did, be treated as adults? Or should they be tried within an independent juvenile justice system oriented to treatment and rehabilitation?
4. What actions would you take? Would you pardon Nathaniel now that he has served more than 7 years in prison? Or not? Why?