Montgomery County Pennsylvania 15 year old Charged as an Adult with Murder – What is the difference between murder and manslaughter? Juvenile vs. Adult Charges
What happened in this case in Montgomery County Pennsylvania?
Recently, a 15-year old Pennsylvania resident was charged with murder and will be tried as an adult in Montgomery County Pennsylvania. According to police, 15-year-old Thomas James Niarhos, allegedly shot Jeremiah Waylon Hawkins, 39, in the face at point-blank range just after noon on Wednesday before yelling out, “He’s a rapist, don’t feel sorry for him,” according to court records. He allegedly used his father’s handgun to commit this act.
A .40 caliber Smith & Wesson semi-automatic firearm was found at the scene. Niarhos allegedly had sought out Hawkins. Hawkins swung a tire at Niarhos, attempting to knock the gun out of his hand and Niarhos fired a single shot at Hawkins’ face. He fired a second time, then dropped the firearm and walked away, and he was detained by nearby bystanders.
Niarhos was charged as an adult with First-Degree Murder, Third-Degree Murder, Possessing a Firearm by a Minor, Possessing an Instrument of Crime and other charges.
This case presents an opportunity to explain juvenile and adult criminal charges as well as murder and manslaughter.
What is the difference between being tried as an adult as opposed to a juvenile?
A disposition in the juvenile system is advantageous and obviously preferred for a variety of reasons. Most importantly, juvenile adjudications, even those which result in a conviction, are not considered criminal convictions for the purposes of the accused’s permanent record. A juvenile conviction therefore does not impose the same stigma of a conviction in the adult system which can sometimes prevent a person from seeking certain types of employment or other academic or professional opportunities.
When the prosecution makes the decision to charge a juvenile as an adult, a court must make a determination as to whether the public’s interest is served by this type of disposition. A court will use the following factor in its determination: (1) the impact of the offense on the victim or victims; (2) the impact of the offense on the community; (3) the threat to the safety of the public or any individual posed by the minor; (4) the nature and circumstances of the offense allegedly committed by the minor; (5) the degree of the child’s culpability; (6) the adequacy and duration of dispositional alternatives and in the adult criminal justice system; and (7) whether the minor is amenable to treatment, supervision or rehabilitation as a juvenile.
What is Murder in Pennsylvania and New Jersey?
Murder is the more serious category and it is separated by 3 degrees in both Pennsylvania and New Jersey. Murder of the 1st degree is a criminal homicide committed by an intentional act. While murder of the 2nd degree is committed when a homicide occurs while a defendant or his or her accomplice is engaged in committing a felony crime such as robbery, burglary, aggravated assault, arson, kidnapping, or rape. (See 18 § 2502 – Pennsylvania; 2C: 11-3 – New Jersey).
While New Jersey does not specifically differentiate between murders of the 1st, 2nd, and 3rd degree within its crimes code, it does define the types of murder similarly to Pennsylvania. New Jersey defines all murder as a crime of the 1st degree which is the most serious offense in New Jersey. Murder which results from an intentional act (murder of the 1st degree in Pennsylvania) carries with it a life sentence without the possibility of parole. Murder of the 2nd degree in Pennsylvania also carries with it a life sentence. While murder of the 3rd degree in Pennsylvania carries with it a maximum sentence of 40 years of state incarceration.
Felony Murder
Murder of the 2nd degree is felony murder in Pennsylvania and New Jersey and so, the principle actor and his or her accomplice face a potential life sentence if convicted of this crime. It is irrelevant if either the principle or the accomplices intended or set out to kill anyone during the commission of the felony.
Murder vs. Manslaughter
What separates murder from manslaughter in Pennsylvania and New Jersey is malice. Voluntary manslaughter is the intentional killing without lawful justification where the actor kills another due to a sudden and/or intense passion resulting from some serious provocation. Voluntary manslaughter is a felony of the 1st degree in Pennsylvania and a crime of the 2nd degree in New Jersey. In Pennsylvania, the maximum sentence for a felony of the 1st degree is 20 years of state incarceration while the maximum sentence for a 2nd degree crime in New Jersey is 10 years. (See 2C: 11-4 – New Jersey). Aggravated manslaughter is a crime of the 1st degree in New Jersey.
What is involuntary manslaughter?
Finally, involuntary manslaughter is the least serious of the crimes within this category. Involuntary manslaughter (Pennsylvania – 18 § 2504) occurs when a person dies as the result of an unlawful act of another who commits it in a reckless or grossly negligent manner or does a lawful act in a reckless or grossly negligent manner. Involuntary manslaughter is a misdemeanor of the 1st degree except where the victim is under the age of 12 and in the care and custody of another where it is a felony of the 2nd degree in Pennsylvania.
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