Should Children Be Charged With Their Crimes

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

In the article “Kids are Kids- Until They Commit Crimes” Marjie Lundstrom states “Hey they’re only kids, that is until they foul up. Until they commit crimes. And the bigger the crime, the more eager we are to call them adults.” If teens seem to commit the same crimes as adults, they shouldn’t get less time. A child should be tried as an adult because a crime is a crime no matter who commits it. … Teens that

Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how

New Labour youth justice policy and practice over the past decades have been deep-rooted in an ideological framework. That incorporates criminological theoretical both neo-liberal approaches in regarding young people who commit offences, that has become responsibility for the management of risk, and less tolerant of indiscipline more overtly in society (Muncie, 2008). Likewise neo-conservative ideologies that involves of left realisation of policy and reintegrative shaming. Whereby the offending activities of the individual are shamed with the punishment that suit the crime, however at the same time take in consideration the circumstances whereby the individual commit the offence (Hopkins Burke, 2008). Increasingly, in United Kingdom there have been a culture of fear which surrounding the youths in society influences in part by cases such as the murder of two year old James Bulger committed by ten year olds Robert Thompson and Jon Venables in 1992 as the contributing factors (Pitts,2001).

The criminal justice system approaches young offenders through unique policies to address the challenges of dealing with juvenile offending. They take special care when dealing with juveniles in order to stop them from repeat offending and stop any potential bad behaviour which could result in future. Juveniles have the highest tendency to rehabilitate and most adopt law-abiding lifestyles as they mature. There are several factors influencing juvenile crime including psychological and social pressures unique to juveniles, which may lead to an increase in juvenile’s risks of contact with the criminal justice system.

Currently each state and territory in Australia has its own individual legislation concerning juvenile crime. All state and territory laws do not conform to the Conventions on the Right of the Child and it is crucial that these laws are amended to better protect juveniles. The most effective reform that could be made is for each state and territory to amend their individual legislations to increase the minimum age to be criminally responsible from 10 to 12 with the doli incapax doctrine still being applied. Although it has been acknowledged that under the common law doctrine doli incapax, children between 10 and 14 are only criminally responsible if the individual is mature enough to realise the consequences of their actions, this assessment is left to the judge, often without expert knowledge from a phycologist (Amnesty International, 2015). Furthermore, it is crucial for Queensland to raise their maximum age from 17 to 18. This amendment will allow Australia to keep up with international standards while reducing Aboriginal crime in areas where crime rates are

Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic

Michele Deith said “Children brains are still under developed, then why tired them as an adult in court”. A child being tried as an adult effect their lives in many ways. The message of loss hope builds up in their minds prompting the idea that they can’t make mistakes. Because they fear they will always be tired unfairly. Also, being in prison for a life time for an ignorant mistake will make them more likely to commit more crimes. Crime records as a juvenile holds less than an adult record. Majority of juvenile cases are only classified as minor offensives. While, some cases may be different because of the crime, children should still be recognized for learning and should be held responsible however, not on an adult level.

"The Youth Criminal Justice Act is a piece of Canadian legislation...that determines the way in which youths are prosecuted under Canada's criminal justice system." The act was implemented April 1, 2003, after "7 years, 3 drafts, and more than 160 amendments." The clearly stated purpose of the Youth Criminal Justice Act is "protection of the public through crime prevention, rehabilitation, and meaningful consequences (s.3(1)(a)(I-iii))." For a better understanding on whether the courts were following the Youth Criminal Justice Act's principles in practice, I went to Edmonton Law Courts and sat in on youth court. After reviewing the act in theory and practice, I argue that the Youth Criminal Justice Act is doing a fair job in fulfilling

As more minors are committing violent crimes, the question of whether they should be tried as adults has arisen. Children as young as 13 or 14 are committing violent crimes such as murder, rape, and armed robbery. Some of these children are being tried as adults while others are being tried as juveniles and receiving milder punishments. A juvenile offender may receive a few years in a juvenile detention facility and possibly probation following his release at age eighteen. An adult committing the same violent crime will receive a much harsher penalty, often years in jail, possibly a life sentence, with little or no chance of parole. The only difference between the two offenders is the age at which they committed the crime. Juveniles over

Young people represent the future of society. Consequently, they deserve respect and support while they develop in order to maintain a fair and just society. Therefore, it is the juvenile justice system’s responsibility to establish institutions and legislation to protect the important role that young people play in society. The system should also be driven by welfare and justice concerns as young people have special needs in regards to their age, and their physical, emotional and social development. It is essential that these welfare and justice concerns are addressed effectively by the system in order for young people to flourish. This essay will firstly assess the NSW juvenile justice system in regards to its treatment of young offenders in detention, in conjunction with its obligations under domestic and international law. Additionally, this essay will analyse evidence of welfare and justice concerns for youth offenders in detention in NSW. And furthermore, this essay will analyse the implications of youth detention on young offender’s and society. And ultimately argue that the NSW contemporary juvenile justice system is not driven by welfare and justice concerns. Given the fact that NSW has the highest rate of youth detention in Australia, and that there is overwhelming evidence to support the idea that youth detention carries detrimental physical and psychological consequences. Furthermore, the NSW juvenile justice system is not upholding the fact that young people

Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).

In recent decades, juvenile crime has become somewhat of a controversy due to the young age and immaturity of these criminals. Incidences of juvenile crime skyrocketed in the 1980s and 1990s, and policymakers pushed for laws that sent children as young as thirteen years old to trial, and even made them eligible for prison sentences. The general public has expressed a common desire to reduce the incidence of juvenile crime and find effective legislation to discipline these youths, but there are questions about these methods. What is more effective, incarceration or rehabilitation? Does criminal punishment intimidate more youths away from a life of crime, and would productive rehabilitation efforts influence these youths to becoming more valuable members of society?

The Minority of young people engage in ‘serious’ offending. 17% of boy’s aged 10-17 had committed a ‘serious’ offence in the year 2005 (Budd et al., 2005). Youths that commit multiple offences are a minority as only 1/4th of young offenders have committed six or more offences making them frequent offenders (Roe & Ashe, 2008).

It is a common believe that adolescents require a special system thru which be processed because they are “youth who are in a transitional stage of development…young offenders that are neither innocent children nor mature adults…” (Nelson, 2012). Because juveniles are in a process of constant development sociologically, psychologically and physiologically, the juvenile court system focuses on alternative sentences and the creation of programs that will offer them rehabilitation instead of incarceration. However, in cases of extraordinary circumstances, the juvenile system shifts from looking at rehabilitation as a first choice to accountability and punishment (Read, n.d). All levels of society are collectively involved in delinquency