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The 12 Years Old 'lifer'
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Just watching a documentary on 4seven (Freesat) about a twelve years old boy and his friend who have been given life sentences for shooting one of the boy's stepfather.Apparently in Indiana children from the age of ten can be tried as adults. Just wondered if anyone else is watching this ?
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I'm not watching it but I'll point out that English law also allows 10yo children to be tried as adults. (Jon Venables and Robert Thompson were tried in an adult court).
That is in contravention of the recommendations of the UN Committee on the Rights of the Child, which has called for the age of criminal responsibility in England & Wales to be raised to 12. (In Scotland no child under the age of 12 can be prosecuted already). Most European nations already have higher ages. (13 in France. 14 in Germany, Austria and Italy. 15 throughout Scandinavia. 16 in Spain & Portugal).
Chris
That is in contravention of the recommendations of the UN Committee on the Rights of the Child, which has called for the age of criminal responsibility in England & Wales to be raised to 12. (In Scotland no child under the age of 12 can be prosecuted already). Most European nations already have higher ages. (13 in France. 14 in Germany, Austria and Italy. 15 throughout Scandinavia. 16 in Spain & Portugal).
Chris
Yes you are right ,'ummmm'. I hope that we never get any more cases involving ten years old killers.
Don't know whether you have seen this programme ? It is one of the most riveting documentaries that I have seen.
Won't spoil it for you 'Pusskin' but if you get the chance let me know what you think about it.
Don't know whether you have seen this programme ? It is one of the most riveting documentaries that I have seen.
Won't spoil it for you 'Pusskin' but if you get the chance let me know what you think about it.
From a 2010 report produced by the All Party Parliamentary Group for Children:
"There are two broad consequences of having a lower age of criminal responsibility [than other countries]. The first of these is the level of youth custody. England and Wales lock up more children than any other country in the rest of Europe. We imprison four times more young people than Portugal, 25 times more than Belgium and 100 times more than Finland. The earlier a child is drawn into the system the greater the chance that they will re-offend, the greater the chance of creating an antecedent history that will lead to further custodial sentences.
The second consequence of a lower age of criminal responsibility is society’s attitude towards young people. An elevated age of criminal responsibility indicates a society viewing problematic behaviour through a welfare lens of disadvantage and need. A lower age indicates a society that views young people as criminals. This is self-reinforcing. Where a 14-year-old cannot be prosecuted, services are developed to respond to their problematic behaviour. Where there is an option of arrest and conviction, mainstream services do not have to deal with children over the age of criminal responsibility. The issue of problematic behaviour is a welfare issue, not a criminal justice issue.
Other countries look for alternatives to prosecution. In France, educational intervention is given priority and proceedings do not take place. In Italy, pre-trial supervision is used and where successful, prosecution does not ensue. Where a young person is involved in criminal activities we should be asking how and why this young person has fallen through the welfare net – not criminalising them. Adults are not paying sufficient attention to the needs of the young or identifying early warning signs.
This debate is not about right and wrong. A six-year-old will know the difference between right and wrong but this does not make them criminally responsible. The debate needs to move away from issues of right and wrong and focus on the question of what is the right thing for us to do in relation to children of this age".
"There are two broad consequences of having a lower age of criminal responsibility [than other countries]. The first of these is the level of youth custody. England and Wales lock up more children than any other country in the rest of Europe. We imprison four times more young people than Portugal, 25 times more than Belgium and 100 times more than Finland. The earlier a child is drawn into the system the greater the chance that they will re-offend, the greater the chance of creating an antecedent history that will lead to further custodial sentences.
The second consequence of a lower age of criminal responsibility is society’s attitude towards young people. An elevated age of criminal responsibility indicates a society viewing problematic behaviour through a welfare lens of disadvantage and need. A lower age indicates a society that views young people as criminals. This is self-reinforcing. Where a 14-year-old cannot be prosecuted, services are developed to respond to their problematic behaviour. Where there is an option of arrest and conviction, mainstream services do not have to deal with children over the age of criminal responsibility. The issue of problematic behaviour is a welfare issue, not a criminal justice issue.
Other countries look for alternatives to prosecution. In France, educational intervention is given priority and proceedings do not take place. In Italy, pre-trial supervision is used and where successful, prosecution does not ensue. Where a young person is involved in criminal activities we should be asking how and why this young person has fallen through the welfare net – not criminalising them. Adults are not paying sufficient attention to the needs of the young or identifying early warning signs.
This debate is not about right and wrong. A six-year-old will know the difference between right and wrong but this does not make them criminally responsible. The debate needs to move away from issues of right and wrong and focus on the question of what is the right thing for us to do in relation to children of this age".
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