The Practical Application of the Age of Criminal Responsibilities

The relevant legislation that has been implemented, (Children (Criminal Proceedings) Act 1987), has addressed issues that young people face. However, rights for young people still need to be addressed. Doli Incapax, The Children’s Court and Legal are measures taken to protect young offenders in regards to the criminal justice system. Ensuring that the child’s rights are protected there have been legislations passed to guarantee the enforceability of this alternative methods. Young people are treated differently to adults in the criminal justice system for three major reasons. They are; they prevent children and young people from being exploited, protect them from making uniformed decisions and protect others from being disadvantaged by dealing with a person that is a

It may seem implausible that someone would confess to a crime they did not commit, but it does happen, and the prevalence of such confessions occurs at a much higher rate in juvenile populations. Aggressive interrogation methods, like those used in the Reid Technique, lead to a greater probability of false confessions among juvenile subjects than if those techniques had not been used. In a study completed by University of San Francisco law professor and renowned false confession researcher, Richard Leo, 35% of the 125 proven false confession cases he sampled included confessors who were under the age of 18 (2004). Before we examine what it is about this technique that prompts false confessions, we must first outline the systematic, nine-step process developed by John E. Reid & Associates nearly forty years ago.

If a guilty plea is entered or the young person is found guilty of a crime, the following penalties may be imposed:

In Canada when a young person gets in trouble with the law, the punishment given will be in accordance with the Youth Criminal Justice Act. The Youth Criminal Justice Act was created in 2003. The main objective of this legislation is to hold youth accountable for their actions through the promotion of “rehabilitation” and “reintegration” (Youth Criminal Justice Act, 2002, S.3a(ii)). Within the Canadian court system, there is a youth court for individuals who get in trouble with the law while they are still under the age of 18 years. In Calgary, Alberta the youth courtrooms are located in the Calgary Courts Center building, which is located at 601 5th Street SW. I attended youth court on Wednesday, October 26, 2016 and Monday, October 31th. This paper will shed light on the atmosphere of the youth courtroom, analyze how the criminal justice professionals are acting within the courtroom, and discuss certain cases that went through the youth courts.

Approximately two million adolescents a year are arrested and out of that two million, 60,000 of them are incarcerated according to the American Journal of Public Health. The 60,000 incarcerated adolescents each year are being tried as adults in court because of the serious crimes they have committed. The crimes they have committed are anything from armed robbery to murder. Some juveniles might be first time offenders and others might be repeat offenders. Crimes have always been a major issue in the United States and can cause controversy in the criminal justice system. Charging a minor as an adult in criminal court varies from state to state based on each state’s jurisdiction. Some states consider anyone up to the age of 18 still a juvenile and would not be charged as an adult in criminal court, but other states may charge a juvenile as an adult at the age of 16 or 17. Jordan (2014) states, “Although states already had methods for transferring youth to the adult system, as a result of the growing fear of juvenile violence, most states implemented new laws to increase the number of youth entering the adult criminal system’ (Bernard & Kurlychek, 2010; Torbet et al., 1996)” (p. 315). While it sounds beneficial to incarcerate more adolescents in the adult criminal justice system to avoid juveniles from committing crimes in the future, that is not always the case. Incarcerating these juveniles can be life changing in a negative

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

“The wall street Journal noted in Sept. 8, 2013 report, National Registry of Exonerations statistics suggest that young people in particular are more prone to admitting guilt for crimes they did not commit. Thirty-eight percent of exonerations for crimes allegedly committed by youth under 18 in the quarter century involved false confessions.” (John Wihbey and Margaret Weigel,2015,Para.3) False confession is the admission of being guilty for a crime that they did not commit. In the interrogation, Police officers may question witness or victims who may have information on a specific crime. The officers may lead a group of questions about the event or evidence of the crime scene. The suspects or victims may know information about it, however,

Throughout the history of the United States more and more teenagers and children have been put in situations where they have been tried as adults.All of these teenagers and children made a mistake which may have been because of their lack of knowledge or their curiosity as a child.

People feel that the American justice system constructs upon holding perpetrators accountable for their actions. Most states in America believe by setting harsh sentences that this will act as a deterrent to other juveniles who are considering committing crimes. There may be some veracity to trying juveniles as adults. The juvenile arrest rate reported by the Office of Juvenile Justice and Delinquency Prevention shows that, “The juvenile Violent Crime Index arrest rate increased in the mid-2000s, and then declined through 2012 to its lowest level since at least 1980. The rate in 2012 was 38% below its 1980 level and 63% below the peak year of 1994. In 2012, there were 182 arrests for Violent Crime Index offenses for every 100,000 youth between 10 and 17 years of age. If each of these arrests involved a different juvenile, which is unlikely, then no more than 1 in every 544 person’s ages 10-17 was arrested for a Violent Crime Index offense in 2012, or less than one-fifth of 1% of all juveniles ages 10 to 17 living in the states.” This rating shows that by trying juveniles as adults has coincided considerably with the lowering rate of juvenile

In Canada when a young person gets in trouble with the law the punishment they will receive will be in accordance with the Youth Criminal Justice Act. The Youth Criminal Justice Act was created in 2003. The main objective of this legislation is to hold youth accountable for their actions through the promotion of “rehabilitation” and “reintegration” (Youth Criminal Justice Act, 2002, S.3). Within the Canadian court system there is a youth court for individuals who get in trouble with the law while they are still under the legal age of 18 years. In Calgary, Alberta the youth courtrooms are located at the Calgary Courts Center building with is located on 601 5th Street SW. I attended youth court on Wednesday October 26, 2016 and Monday October 31th. This paper will shed light on the atmosphere of the youth courtroom; analyze how the criminal justice professionals are acting within the courtroom, discuss certain cases that went through the youth courts.

Many children today are growing up without parents or some kind of legal guardian. When children do not have some type of support system to keep them motivated, more than half of them turn to the streets. Growing up as a teenager alone is very hard. They have no one to turn to, no one to talk to, help them when they need it, someone to just call a friend. Teens need some kind of motivation to keep them going each day. More and more teens today are committing crimes and being tried as adults. Even at the young age of 13. This review considers whether or not adolescents in the criminal justice system have a chance of success by acknowledging the following

When “justice” is served on this basis, our pledge is humiliated because the promises made were not kept. Treating the children like adults, when it comes to crime, teaches them responsibility, righteousness, and respect. Responsibility is a trait children gain while growing up. This is because as the child gets older, they take on more duties, one of which is taking responsibility for one’s own actions.

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

By law adolescents are not able to vote, purchase tobacco or alcohol, join the armed forces, or sign a legal contract. Children are not permitted the same rights and responsibilities as adults because the law recognizes their inability to make adult decisions. The law acknowledges that children are unable to handle the consequences that come along with the rights that adults have. By allowing them to be charged as adults is holding them to a double standard. Telling them that they are not old enough to enjoy the same luxuries as adults, but they can experience the same punishment as adults if they commit a crime. The law acknowledged the inability of children to make decisions but still allows them to suffer the same consequences as adults. Research demonstrates that transferring children from juvenile court to adult court does not decrease recidivism, and in fact actually increases crime. Instead of the child learning their mistake they are more likely to repeat it. Juvenile detention centers have programs that help reconstruct young minds and help them realize where they went wrong. Prison does not offer this same opportunity. (Estudillo, Mary Onelia)

Youth crime and juvenile delinquency are very sensitive issues that are a concern in every society. The thought of criminalising people who are not even considered adults yet, and are not fully mature in cognitive development is a troubling issue. Yet, many societies are faced with the problem of young people committing crime. Many criminal justice systems around the world have schemes for juvenile delinquency and legal repercussions for the failure of young people to comply with the law.