The Age of Criminal Responsibility

The Age of Criminal ResponsibilityIn new eld the attitude and mood towards younker hitenders is more server, due to a wide spread national perception of mounting juvenility iniquity, and the killing of toddler James Bulger by Jon Venables and Robert Thompson, who were provided 10 years old at the time. Over the past years we are seeing more and more youths savory in barbarous behaviour, some non so in effect(p), and a few striking grammatical cases for example, the Jamie Bulger case, and the Doncaster attacks. only only 17 percent of k presentlyn offenders are aged between 10 and 17, which is surprising considering how much the media penning on youth plague (Elliott, Quinn, 2009). Over the past year juvenile crime rates crossways the continent harbor remained more or less stable. However, this does non mean that the problem of youth crime is insignificant. Several countries buzz off reported a worrying trend that more offspring offenders are committing more viol ent and serious crimes. Young people, who commit crimes at a young age start with an earlier malefactor career, are harder to reintegrate back into a normal life. This is one causation why it is prerequisite to discuss the problem of juvenile justice in depth (Hammarberg, 2008).There are two divers(prenominal) trends in Europe at the current time. One is to reduce the age of miserable state and to dispose up more pincerren at younger ages and for more offences. The other trend is in the spirit of the UN doctrine on the Rights of the Child to avoid criminalization and to seek family-based or other social alternatives to imprisonment. However in the UK theres a debate on whether or not the age of criminal responsibility should be higher, in which I argue it should. However, the age of criminal responsibility varies greatly across the world. It ranges from 6 in labor union Carolina or 7 in India, South Africa, Singapore and most of the United States of America, to 13 in France 16 in Portugal and 18 in Belgium. There has juvenilely been much talk in England and Wales, where the age is now 10, well-nigh whether this should be raised.Britain and other countries set minimum ages at which a s hurlr or young person are allowed to make decisions without a adult or guardians consent for good reason. It is related to judgments about a churls intellectual, emotional and mental maturity. The position where a child has to make far-reaching decisions about their future should neer be choice, children need appropriate adult support, guidance and, in some cases, veto. Adults make out responsibility for children in decision making as it is seen that children cannot make informed choices and do not lay down the capacity to do it themselves. The United Nations believe that the same principles should be applied to the age of criminal responsibility (Guardian). The age of criminal responsibility is the age at which it is possible to be charged with a crime and put on attempt. (REFERENCE) The UN Committee suggested that twelve is a too low number on the proficients of a child and has recommended that serious consideration to be given to rising the age of criminal responsibility throughout the areas in the UKIt is hard to under(a)stand and defend the UK and prevailing practices in Europe for being so out on line. opposite methods needs to be thoroughly explored when it comes to ensuring that children take responsibility for their own actions, by drawing what the UN Committee agree commended by the positive lessons from reparation, referral places and other restorative justice schemes for offenders.It might also be an area where sense of hearing to children could pay dividends (Broadbridge, 2009).In 1985 the General Assembly of the United Nations adopted the Beijing Rules of juvenile justice, which go and than the UN Committee on the responsibilitys of the child. The rules state that the age of criminal responsibility shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity. It then goes on to argue that countries should consider whether a child can live up to the deterrent example and psychological components of criminal responsibility and details that if the age of criminal responsibility is set too low the notion of responsibility would convey meaningless. On this basis the minimum age of criminal responsibility in the UK should be 16 (guardian).It is also important to know and understand that some countries have a rule called doli incapax. It is held with an assumption that every coiffure a certain age that children can be criminally accountable, however, comfortablely mature enough for such(prenominal) a responsibility. If the defence team are successful then that child cannot be set in motion fineable (Muncie, 2009). Generally speaking, there are two major issues to this debate. Firstly, at what age can you call a child grown- up enough to understand right from wrong, and the consequences of those actions? Secondly, at what age can a child comprehend and understand the criminal justice system and trail process enough to take dissever in it? (REFERENCE).Most European countries have a welfare based system in place to deal with young offenders as their age of criminal responsibility is mostly higher than England and Wales. The Criminal legal expert Act 1998 abolished the doli incapax increased the tendency to treat children as if they were adults. Which can be seen in the James Bulger case as John Venables and Robert Thompson were tried in an adult court. Although a ten year old whitethorn understand what is right and what is wrong, they do not understand the implications of what they have done and what has to be as a consequence of those actions. Capacity and competence relate to age, soul and maturity should be considered in any rill in which a child is a defendant (MaMahon, Payne, 2001). England has one of the highest conviction rates for young offenders this whitethorn be due to the low age of criminal responsibility or the fact that we have a punitive state. Whereas in contrast Belgium on the other hand have a high criminal responsibility age with only a faction on youth offenders in custody. (NACRO, 2002)Offenders who are under the age of 18 years old are delt with differently from adults, as it is believed that children are less responsible for their actions than adults, a wish to steer children away from further involvement in crime. Sentencing young people has everlastingly posed a dilemma should such offenders be seen as a product of their upbringing and have their problems treated, or are they to be regarded as bad, and have their actions punished? Over the past couple of decades sentencing constitution has swung between two views. In 1969, the Labour Government took the climb that delinquency was a result of deprivation, which could be treated, and one of the aims of the Child ren and Young Persons act of that year was to decriminalise the offending of young people.The opposite approach was introduced by the conservatives which led to the UK having a high number of young people locked up than any other western European country, but reconviction rates of 75-80percent suggested that this was not benefiting the young offenders or the country as a whole.Since 1982, the ism behind legislation has been that the sentencing of young people should be based on the offence committed and not on the offenders personal or social circumstances, or the consequent chances of reform. (Elliott, Quinn, 2009)In law many children do not possess the emotional maturity to be held responsible for their actions. Everyone knows that children cannot always make informed choices. It is for this reason that children are not allowed to vote in many countries and cannot consent to sex or drink alcohol. It is seen that children do not have enough life experience and more importantly th ey do not have the same mental and emotional abilities as adults. Children are often not aware of the consequences of their actions. It is unfair to acquire children accountable for these actions as even though children know the difference between right and wrong, they often do not understand the difference between various levels of wrongdoing. However you could argue that children do know right from wrong, for example. In the abduction of Jamie Bulger in 1993, Jon Venables and Robert Thompson must have known to some degree that what they did was wrong, or they would not have lied about it and tried to cover it up. Moreover, It is important that the criminal law underlines the difference between right and wrong by punishing children and adults who commit crimes.By criminalising children it harms their development and makes the concomitant even worse. Labelling a child as criminal at a very young age is less likely to come in advance to a better understanding of what is right an d what is wrong. If the child does not understand the wrongfulness of what they have done, they whitethorn feel unjustly treated by union and rebel against them accepting the label in which society has given them, and also feel bitter towards society as a whole. The people who surround the child are more likely to be treated worse such as parents and teachers which inevitably order them from society.In addition to this, those who are sent to prison or young offender institutes get cut off from their family and friends and can develop friendships with other criminals, they can also learn more knowledge about committing crimes before they went into prison, therefore, never really breaking free from the life of crime. All of these reactions are likely to make the childs home worse and increase the chance of future criminal behaviour. However criminalising children is a necessary step to come on the child that those actions were wrong. Children that have committed crimes have often grown up in communities without a complex body part or control in their lives. The child may see drug-taking, domestic violence and criminal occupation in their homes, and they may have often skipped school.These children need to be punished as without penalisation the children get out never know the cost of their own actions. The children are then less likely to commit crimes in the future as they now know that if they do something wrong a punishment will follow. In addition to this, other children will be are less likely to commit crimes if they know a punishment will follow their actions.We are not persuaded by the argument that criminalising children is the best route to rehabilitation. As the Childrens Rights Alliance for England put it, responding directly to the Ministers comment-The UK has a well-developed child welfare system that is more than capable of assessing and conflux the needs of children without them having to be charged or treated as criminals. The JCHR wil l be aware of the recent very critical joint report from eight Inspectorate and regulatory bodies into how well children are being safeguarded. Of the youth offending teams work with children in prison, the report concludes, the focus was almost exclusively upon the offending behaviour of the young people, and there was little consequence of welfare needs being considered and addressed. This should give a red channelize to a government so intent on responding to children in trouble-especially the youngest ones -through the criminal justice system or else than through our child welfare system (Broadbridge, 2009).It is often said that children who commit crimes are victims of circumstance, and instead of punishing children we need to address those circumstances. Studies such as (REFERENCE) show that more often than not the most undefended children have grown up in poverty, and have been uncared for by their parents, often skipped school, and even abused. By displace these childre n to young offenders institutions, their education is harmed, and the possibility of the University of Crime, other measures should be considered. For example, in Norway, social authorities need to take action to secure a childs development through counselling or time spent in a special care unit. The measures that are take should depend on the childs circumstances, rather than how bad the crime was. This is more than likely to reduce the criminal behaviour of young people in the future. There could be issues to do with class in the mix here. Rich children are less likely to be criminalised as their parents will be able to afford better lawyers which will be able to deal with the situation better. However people argue that a child is more at risk if they do not receive a criminal punishment. Not all punishments are retributive rehabilitation can be combined with the education and training that the child will receive in prison in order to integrate the child back into society. If the se sanctions were not in place, it would be more difficulty for younger children to urge on the temptation of assisting older criminals.It is seen that children cannot have a fair trial. Many children often struggle to understand the trial process, which can be stressful and also have technical problems. Given the seriousness of being found guilty, it is only fair and important that people do have a fair trial and punishment is given if found guilty. It is more than likely that children do not have the concentration to follow evidence properly, therefore they may not be able to give fluent instructions to their lawyers and are misunderstood. This is a considerable injustice to the child/ children that are on trial, as if they do not understand, or potentially intimidated by the foreign surroundings and language they are not familiar with, then a grave injustice can occur. For example, in the Jamie Bulger case, thoroughout the trail process it was noted that the John Venables and Ro bert Thompson looked bored and unconnected by the whole process. It is argued that it is possible to make the system work for children. Australia, Singapore and the USA and many other countries have special courts for offenders under the age of 18.The design of the courts are simpler and designed to be less intimidate for a child, which allows them to be able to follow the criminal process more clearly. As long as the safeguards are in place to protect young people, it is possible for a child to have a fair trial, as long as that child is not tried in an adult court.Societies understanding of childhood do not arise because of some innate nature of children childs rights. In particular, childrens competence, to what extent a child a child can assert their legal rights and to what extent do adults interpret a childs competence, with this political question proves the rights and policies for the child.The history of juvenile history reflects the influential portrayals of perceived ch ild competence.The origins of juvenile justice along the welfare approach are based upon the belief that childrens incompetence and lack of criminal responsibility. This stand lends itself to broad state authority to intervene in childrens lives, which in reality has often proven contraband for children. In response to these problems, a shift in juvenile justice occurred towards the justice approach, which inevitably constructed a childhood based around the notion that children did have the mental capacity and competence to understand and have criminal responsibility The MACR notes the tipping point among tipping notions about childhood competencies liberty and protection rights and the welfare justice continuum.However in the justice approach the notion of responsibility often, if not always, serves as a trap door rather than a safeguard, in which it was originally intended.Instead of ensuring freedom for the state intrusion, its meaning can become distorted and may legitimise s ocial control over children whose true responsibility is questionable. The effects of moral condemnation and punishment follow even where underlying moral responsibility is missing. At the cost of private liberly, moral legitimacy, and justice, the publics conscience is relieved and authorities effective social control is consolidated. Paradoxically, the welfare approach may appeal to different concepts of childrens rights, but neither communicates a clear role for society at large, and trouble oneself bring the weight of problems down upon individual children and families. Such inherent flaws leave both the justice approach and the welfare approach as problematic models.We also note, as did the UN Committee, that the Government has abolished the common law principle of doli incapax (the rebuttable presumption that children aged 10-13 years are incapable of criminal intent). The effect of this has been described as follows.This nitty-gritty that a 10 year old child, till in prima ry school is presumed to be as criminally responsible as a fully mature adult. This surely cannot be right. In the prosperous of the removal of this safeguard, we recommend that the government review the effects of the low age of criminal responsibility on children and on crime. The criminalisation of young children has to be justified by very convincing evidence- it is not sufficient to assert that it is the best, or the only way to diverting them from a future of crime.