thomblake comments on Hearsay, Double Hearsay, and Bayesian Updates - Less Wrong
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It seems to me that even children that young have generally done various sorts of property damage and assault, and that most excuses for that behavior will rest on not considering them "people".
An adult with the behavior of a very young child would be declared irresponsible by psychiatrists, and thus couldn't be tried (but could be arrested and committed). It seems reasonable to apply this to children, and they are automatically committed to restrictive institutions already.