What does Catholic legal theory have to say about this:

"The 12-year-old faces a capital murder charge. He is not eligible for the death penalty but could face up to 40 years in prison if convicted."

Here's the AP article, published today:

HOUSTON (AP) -- A 12-year-old Texas boy accused of killing an infant by throwing him to the floor has been released from juvenile detention and into the custody of a relative.

A judge on Tuesday ordered the boy released until his trial. The boy will live with an aunt and be supervised 24 hours a day, including when he is at school.

Officials say the 12-year-old was left alone March 12 at a Houston home with a group of younger children by his mother and the mom of the other kids when he threw 10-month-old Deandre Washington to the floor.

Deandre died two days later. His injuries included two skull fractures.

The 12-year-old faces a capital murder charge. He is not eligible for the death penalty but could face up to 40 years in prison if convicted.