“Crimes Against the Sacred Timeline.” What exactly does that mean? Would a 7 year old understand what was happening to them if charged with such a crime?
In the Loki episode “Nexus Event,” we learned that the TVA entered Asgard and arrested the young Loki, future Sylvie, while she was playing with a Viking ship, presumably Asgardian soldiers, and a wolf (possibly Fenrir) and stated in game play that they had saved Asgard. Loki’s playtime was interrupted by the TVA placing her under arrest for “Crimes Against the Sacred Timeline.” She was forcibly taken from her home (and unknown to her parents) to be put on trial.
There is a lot wrong with that.
Arresting Children
Texas [naturally] has specific code sections on arresting children. A police officer can arrest a child if there is probable cause the child has engaged in 1) penal code violations; 2) delinquent conduct indicating a need for supervision; or 3) probation violations imposed by a juvenile court. 54.01. Tex. Fam. Code § 52.01(a)(3)(A), (B), and (C).
Federal law requires that when a juvenile is arrested, the arresting officer “shall immediately” tell the child of their legal rights in language they can understand AND immediately tell the juvenile’s parents, guardian, or custodian, that the child was taken into custody. 18 U.S.C. § 5033. This is code for “Give the kid Miranda rights in terms they can understand.” This is because it is radically unjust to deny a child their human rights.
None of that happened with Loki. Safe bet Odin and Frigga would not have been ok with fascist time cops arresting their child to be sentenced to nonexistence.
Loki on Trial
A child must be competent to stand trial, which requires them to be able to consult with their lawyer and assist in preparing their defense. If a court has doubt the child is competent, the proceeding is to be suspended. Cal. Welf. and Inst. Code § 709.
Would young Loki be competent to stand trial? She would understand she was taken from her home, but would be totally clueless on the TVA, the charge against her, and if she even had a defense attorney, would have a hard time assisting in her defense. Not because she was not bright, but because there is a significant “What the Hell is Happening” factor with being “arrested” by the TVA.
Legality for Executing Children
Civil society is horrified at executing children. The United States Supreme Court has held that children are constitutionally different from adults for the purposes of sentencing, because children have diminished culpability and greater prospects for reform. Miller v. Alabama, 567 U.S. 460, 471, 132 S. Ct. 2455, 2464 (2012) [citations omitted]. Children are still developing their character and are more vulnerable to negative influences (code for bad home life or mass incarceration). Id.
If a state is going to execute a minor, “great care must be taken to ensure that the minor truly deserves to be treated as an adult.” Burger v. Kemp, 483 U.S. 776, 824 (1987). There must be a specific inquiry on the “age, actual maturity, family environment, education, emotional and mental stability, and . . . prior record” in determining a minor’s criminal culpability. Id.
What did Loki do to get arrested? Play with toys and want to be the hero? Save the day? That does not scream death sentence. It does offer a spin on the Pygmalion Effect, that if you treat someone as a villain, she will become one.
