The age old question.

[Clawn]

If a young boy, not yet acquainted with human law, kills his mother without knowing it, should he be punished? And if so, how should he be punished? If not, why is it that he should walk free while others must face life in prison or worse?

 

[Revenant]

Children under the age of eight most often don't understand the concept of death. But the boy did so without knowing it? Why should he be punished? I'd say he might or might not need help, and perhaps he needs to be locked up for the safety of others (depends on what caused him to kill his mother).

 

[MeAndroo]

I think the key phrase is killing without knowing, which would as least knock it down from murder 1 even for an adult. Manslaughter is a common compromise, if endless Law & Order reruns has taught me anything.

If this is one of those things where, say, a child knocks a car out of park when their parent is behind it, then I'd say no, it's not necessary to punish the child. I'd say losing the parent, and subsequent knowledge that he killed his mom is punishment enough.