* J.D. Candidate, 2000, Indiana University School of Law—Indianapolis; B.A., 1985,
American University.
1 . See Peter Annin & Jerry Adler, Murder at an Early Age, NEWSWEEK, Aug. 24, 1998,
at 28, 28; John Cloud, For They Know Not What They Do? When and How Do Children Know
Right from Wrong? And How Can We Devise a Punishment to Fit Their Crimes?, TIME, Aug. 24,
1998, at 64, 64.
2 . See Annin & Adler, supra note 1, at 28.
3 . See Cloud, supra note 1, at 64.
4 . See Julie Good, Preventing Violence: From Tragedy to Solutions, U.S.A. TODAY, May
1, 1998, at 46, 47; see also Robert L. Jackson, Juvenile Arrest Rate for Violent Crimes Declines
9.2%, L.A. TIMES, Oct. 3, 1997, at A25 (reporting that in 1996, there were 464.7 violent crime
arrests for every 100,000 youths between 10 and 17 years old).
5 . See James Alan Fox & Glenn Pierce, American Killers Are Getting Younger, U.S.A.
TODAY, Jan. 1, 1994, at 24, 25.
6 . See Good, supra note 4, at 47. But see Jackson, supra note 4, at A25 (noting that arrests
of youths, between ages 10 and 17, declined 10.7% for murder in 1996).
7 . See Good, supra note 4, at 47 (stating that homicide arrests doubled for boys 12 years
old and younger between 1985 and 1992). But see Annin & Adler, supra note 1, at 28 (stating that
the number of children younger than 10 years old charged with murder is small and not increasing
HOMEOWNERS INSURANCE: A WAY TO PAY FOR
CHILDREN’S INTENTIONAL AND
VIOLENT ACTS?
C YNTHIA A. MUSE
*
INTRODUCTION
It almost seems to be an everyday occurrence. A child, often a young child,
shoots another child or sets fire to a home or store. The stories from 1998 alone
stun and horrify most Americans. In Jonesboro, Arkansas, boys, ages eleven and
thirteen, fired shots in a schoolyard killing and injuring classmates and a teacher.
1
In Dallas, three boys, ages seven, eight, and eleven, were arrested and charged
with sexual assault of a three-year-old girl. In Chicago, a five-year-old boy was
2
beaten by two children, one of whom was only nine years old. The list goes on
3
and on.
These tragic stories are a reflection of reality. Statistics show that crimes
committed by minors are steadily increasing. Researchers at the U.S. Department
of Justice estimate that the number of juvenile crime arrests will double by the
year 2010 if population and arrest-rate-increases continue at their current pace.
4
Population growth is expected to continue, with the number of teenagers between
fifteen and nineteen years old growing an additional 23% by the year 2005. Just
5
as disturbing as the projected increase in the number of crimes committed by
minors is that the minors committing crimes are increasingly younger. Between
1985 and 1993 the number of homicides committed by fourteen- to seventeen-
year-old boys increased 165%. The number of homicide arrests for boys twelve
6
years and younger doubled during approximately the same time period. Also,
7