&gt;What I mean, is that such incidents should be decided case by case basis<p>OK, so it&#x27;s bad bad phrasing on my part.<p>How would <i>you personally</i> decide &quot;if a person is capable of consciously plan a crime and execut[ing] it?&quot;<p>&gt; Aand it&#x27;s not like we have a problem of minors of 5 years old running around and killing people<p>Yeah, that was hypoerbole on my part. It&#x27;s not unknown for 10-year-olds to commit hideous crimes, though.