Age Of Criminal Responsibility

The processing of these crimes help to embed the key of legal knowledge in the mind of a child hoping to shape their future actions. NSW age of criminal responsibility is defined by statute as 10 years of age, which is recognised in Children’s (Criminal Proceedings) Act 1987 (NSW). Meaning that a child under 10 years of age cannot be charged for a crime. The basis of this is the recognition of the immaturity and exposure of children and their inability to form the requisite criminal intent known as mens

But change that to an eight year old boy and his friends, and everyone’s opinion changes. They want to coddle the children and blame the violence on the parents, video games or social media. How does one word, juvenile, change the world’s mind so quickly-because it is in human’s nature to care for the young. People see children as clay to be melded into the perfect model of a person. When these children do something bad, they see the molder to be at fault. It is like they have they never seen a child misbehave when they are “molded” well. Children have their own brains and ideas. These ideas are their own and they are not only based on others in lives. The important thing is to see that juveniles are not children, “In the words of one 'get-tough' advocate, juvenile offenders are criminals who happen to be young, not children who happen to be criminal’” (ABC News). This perfectly sums up what juvenile crime is. It is not about the child, it is about the victim. If a juvenile is capable of committing a crime and planning it out, they should be tried for it. In one case, a boy murdered a woman after breaking into her house and her seeing his face. Instead of acting innocent, he was proud of what he had done, “Simmons wasn’t modest about what he had done; to the contrary, he had

Currently if a D aged 18 or over is convicted of murder, the judge must pass a mandatory sentence of life imprisonment. For offenders aged 10-17 found guilty of murder, the judge must order that they are detained at Her Majesty’s Pleasure. The fact the sentencing is mandatory and the judge has no discretion leaves a lack of ability to sentence according to blameworthiness, unlike all other offences which have discretion in sentencing; Gotts. This lack of differentiation between blameworthiness is further emphasised by the Government’s sentencing guidelines laid down in the Criminal Justice Act 2003. Under this act in cases of murders of police officers or murders involving firearms D should receive a 30 year sentence. However, in cases like that of Martin (Anthony) such a sentence would appear unjust.

Nature versus nurture, is the question. Are we really born as the person we always will be, or does external influences have a crucial effect on who we will become. In the novel Lullabies for Little Criminals the protagonists Baby is seen to have an absence of an adequate caregiver or prominent parental figure in her life. Her mother passed away when she was very young with only her teenage father to care for her. Jules her father, shows little interest in his child. Constantly leaving her to fend for herself and issuing verbal and physical abuse. This causes the young adolescent girl to experience great hardship as she tried to get on with life, without proper role model and guidance. The adverse character development of Baby throughout the novel supports the theme of the necessity of a proper role model in the upbringing of a child. Without the proper guidance a child will begin to take impression to her environment. No matter who they were destined to be, they will always become products of their own surroundings. Her impression of her corrupt environment causes her many problems in her life such as her inability to form and maintain healthy romantic relationships, to gain a reputable and appropriate career for her aptitude, and her desire not to pursue a higher level of education.

Today?s legal system states that children between the ages two to six should not be held liable for criminal actions. There are several developmental characteristics that support this claim. These characteristics come from biological, cognitive, and psychosocial areas. For those who are religious, one can also find spiritual support in Scripture that validates young children cannot reason as older children or adults can. Until a child?s brain matures, it is likely that a child may act impulsively and could commit a crime without reasoning beforehand that he or she

Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation

Moreover there is a huge debate in the UK whether to increase the age of criminal responsibility, in which I argue it should and should not. Although the age of criminal responsibility varies across Europe. In Malta, children aged 9 to 14 can be held for offences committed with “mischievous discretion”, to 12 in Netherlands and 14 in Monaco, (https://www.crin.org/en/home/ages/europe). In the past couple of years there have been on a long debate in England and Wales, where the age is 10 and whether it should be

Should children be given their sentence based on their age or should they be treated the same as adults since they commented the same crime?

The “Age of Responsibility”, 21, is a completely arbitrary age chosen unintelligibly by a group of men because twenty year olds still aren’t fully developed or trusted by society in general, and people don’t even develop at close enough rates to have a universal “Age of Responsibility”.

There are no national standards that declare the exact age at when a defendant knows right from wrong; however, states have adopted a variety of laws declaring the age of criminal responsibility. Thirty-seven states and the District of Columbia have set eighteen as the age of criminal responsibility; however, most defendants, seventeen or younger may be tried in juvenile courts. Some states such as Wisconsin, North Carolina, New York, Massachusetts, and Illinois set their minimum age for criminal acts at sixteen. Despite that fact, that states set individual ages for juveniles to be to tried as an adult for the crime committed, it is accurate to note that juveniles can and have been tried as adults when under the minimum age within the state law.

If a juvenile, over fourteen has the ability and willingness to commit a violent crime they should be tried and punished as an adult. A fourteen year old knows right from wrong. He (or she) is able to tell whether they are committing a crime. If a juvenile is mature enough to commit an adult crime, they should be treated as an adult, and punished justly according to the adult law. The difference in age in two people should not determine their punishment if they have committed the same crime under the same or similar pretenses.

John Locke was the forefather of the Educational Constructivist movement, which theorized that children and learners construct their personal knowledge in both social and individual situations. Though his opinions were often disputed, Locke had many opinions and theories of the habits and social conventions for the education of young children. Specifically, and perhaps most importantly, he believed that “It is more accurate to think of the child’s mind as a blank slate, and whatever comes from the mind is from the environment” (Crain 7). This ‘blank slate’, or tabula rasa idea founded the theory of nurture. According to his theory, as babies we are born without knowledge of what we should fear or how we should act, it is up to our environments to teach us how to act and behave.

  The punishment of juvenile criminals, specifically those between the ages of 13 and 18, in the event that they commit crimes of murder, is not severe enough. Minors between these critical ages in the teenage life who commit crimes of murder should be prosecuted as adults in all situations and locations.

The child has not been perceived like an individual until the work of eighteen century philosophers Locke and Rousseau, who expressed their thoughts on paper about the child's ability to

Education has been ever developing since the inception of the first schools. The early theorists believed that children were mini adults. Children were treated the same as their adult counterparts. They were given jobs at early ages, and dressed the same as their parents. This belief, that children were just little adults, was called Preformationism. Though this may seem like an antiquated idea, aspects of Preformationism are still scene in today’s society. “We often lapse into the same thinking today, as when we expect young children to sit still for hour, or when we assume that their thinking is the same as ours” (Crain 5). Clearly there was the need for new theories, which would better explain child development and education. This is where Locke and Rousseau come in.