Air Piracy by Minors

[BlueNose]

After the 1969 hijacking of an airliner by 14-year-old David Booth, the Attorney General of Kentucky refused to prosecute him, saying that "the federal government did not have facilities to handle prosecution of juveniles". Does this still apply? Are there any laws relating to aircraft hijackings by minors? If anyone knows laws outside the US, I'd also like to know about those. Is this a worldwide legal loophole, so to speak?

 

[westside]

Your claim makes no sense. First, the AG of Kentucky would prosecute under Kentucky law, not federal. Second, Booth was prosecuted and sentenced to a home for troubled children.

Why do you want to know about this "loophole"?

 

[FlyingRon]

Your claim makes no sense. First, the AG of Kentucky would prosecute under Kentucky law, not federal. Second, Booth was prosecuted and sentenced to a home for troubled children.

Why do you want to know about this "loophole"?

The AG of Kentucky DID prosecute under Kentucky law. It was a Kentucky Juvenile Court that sentenced him to six months in the home for vulnerable children. The feds had deferred prosecution to the state which is probably why the AG was making that comment. The age of the hijacker was only part of the issue, the kid was pretty disturbed at the time. Federal prosecution under the hijack statute was going to be problematic. Declaring the kid "incorrigible" under the local state statutes (especially with the assistance of the kid's father) was going to be a lot easier.

In fact, federal law really pushes juvenile cases to local jurisdictions whenever possible. Frankly, if this kid had been of the ilk of Colton Harris Moore, they might have held on to him, but given the situation it was easier to turn it over to the state.

 

[justalayman]

The us attorney (from Lexington Kentucky) stated he refused to prosecute. I have not discovered who actually prosecuted the kid. Airline matters do fall under federal jurisdiction generally



While the Feds have special rules regarding juveniles, especially given the changes since 1969, I doubt they would have a problem prosecuting a juvenile today if warranted.

Whoops. The concinnati airport is in Kentucky.
But it's the us attorney in Kentucky that refused to prosecute under federal law. He was prosecuted though although i can't find what for.

 

[FlyingRon]

The us attorney (from Lexington Kentucky) stated he refused to prosecute. I have not discovered who actually prosecuted the kid. Airline matters do fall under federal jurisdiction generally



While the Feds have special rules regarding juveniles, especially given the changes since 1969, I doubt they would have a problem prosecuting a juvenile today if warranted.

Whoops. The concinnati airport is in Kentucky.
But it's the us attorney in Kentucky that refused to prosecute under federal law. He was prosecuted though although i can't find what for.

Despiter whatever the original poster's primary source was, the Feds deferred prosecution to Kentucky (and yes CVG is in Covington, KY hence it's identifier). He was tried in Hamilton County (Kentucky) Juvenile Court, judge Benjamin Schwartz presiding.

And while the law has changed slightly over the years the essentials of the federal statute that I was referring to that predisposes these cases to state court has been unchanged. I have a copy in front of me from 1974 version of the statute and it reads essentially the same. The Federal prosecutor has to certify that there either is no appropriate state court or they can't handle the case. That's the only way juveniles can get into the the US District Court.

 

[justalayman]

Thanks Ron.

I am concerned about the op itself and himself. It almost sounds like somebody wanting to play the game like the drug dealers have where juveniles are recruited to be the active participant in certain crimes due to the leniency afforded them. Op needs to understand the hijacking itself is only one specific crime. There are often others involved with a hijacking attempt and regardless of the Feds situation with difficulties in prosecuting juveniles in some cases, the states don't seem to be hindered in their prosecutions of
Juveniles for serious crimes.

Especially given the realization that juveniles can be just as dangerous as adults, they can face extremely serious consequences for committing serious crimes.

 

[BlueNose]

Thanks Ron.

I am concerned about the op itself and himself. It almost sounds like somebody wanting to play the game like the drug dealers have where juveniles are recruited to be the active participant in certain crimes due to the leniency afforded them.

No, no, nothing if the sort. I was just interested, and learnt quite a lot from the replies here. Thank you.