Criminal Responsibility Age In Australia Essay

Anthony S. Tomasso Professor Rodriguez ENG-101 12 APR 2023 The Struggle Between Juvenile and Adult When we as a society picture what age group is the most innocent and precious, we typically agree on children. When a child commits a serious crime such as: rape, murder, armed robbery, many teeter between sentencing that child as an adult rather than a child. In this essay, “Sentencing Children as Adults” by Terence Gorski (2001) discusses the difference in the Juvenile Justice system and how detrimental it is to not place the juvenile child in that system.

Since the end of World War Two, there have been dramatic changes in justice models which have had an impact on the Criminal Justice System and the various roles within it. This essay shall go over the various approaches to punishment by looking at the diverse political shifts and the overall impact on the roles of the system. In England and Wales, the criminal justice system is made up of several agencies including the police, prisons and probation services. The agencies enforce the law; the courts system; the penal system; and the crime prevention scheme (Malcolm, D).

Director of Justice Reform and the MacArthur Foundation, as well as Christopher Simmons advocate Laurie Garduque reminiscences on the disregard for criminal juveniles during that time: “As concern about increasing juvenile crime peaked, we were alarmed at the wave of harsh juvenile justice reform sweeping the country that blurred lines between adults and juveniles… Existing research did not address the legal implications of adolescent developmental immaturity with respect to competency, culpability, and capacity for change” (“Roper v. Simmons Ten Years Later”). A similar sentiment was shared with Columbia Law School professor Elizabeth Scott, who recalled the conditions for criminal youth in the early 1990’s, asserting that “...attitudes about juvenile crime became more punitive, and it was clear that lawmakers weren’t focusing on developmental differences between teens and adults or how immaturity might contribute to juvenile offending” (“Roper v. Simmons Ten Years Later”). There are a myriad of scary commonalities between these anecdotes, such as the legal disregard for youths despite their underdeveloped brains. There are many factors that make adolescent minds susceptible to committing crimes.

# Lowering the Age of Criminal Responsibility in Australia to 14 The age of criminal responsibility in Australia is currently set at 10 years old, meaning that children as young as 10 can be charged with a crime and held responsible for their actions. However, there is a growing movement to lower the age of criminal responsibility to 14 years old. This essay will explore the reasons why the age of criminal responsibility in Australia should be lowered to 14 and provide evidence to support this argument. ## Developmental Understanding One of the reasons why the age of criminal responsibility in Australia should be lowered to 14 is that children at this age are capable of understanding the consequences of their actions.

The violent crime rate among juveniles has grown at twice the rate compared to adults in the last two decades (Levitt, 1998). This fact shows that juveniles are constantly being given a slap on the wrist for the crimes adults get sent away for and the violent crime rate would not be inclining at the rate it is if they were processed as adults. Juveniles being processed as adults would decrease the rate due to the deterrence effect. There has been a rise in juvenile arrest rates for violent crimes due to the change in law and policies for juveniles that are less harsh when compared to adults (National Research Council, 2001). Juveniles know that the punishment they will receive for a crime is not harsh which leads them to commit more violent crimes.

It may seem that the juvenile criminal justice system is too lenient, but preventive and rehabilitative approaches can be utilized to minimize juvenile aggressive conduct; they have been proven to be effective through a study executed by the Centers for Disease Control and Prevention (CDC) (Steenson 246). Through this research, it is evident that the measures taken by the juvenile criminal justice system are effective against violent delinquents. The help designated for juveniles is intended specifically for youth. Furthermore, some would argue that there is now a greater probability that juveniles will commit major and fatal crimes. Yes, it is true, but according to scientific studies, punitive methods used in adult court have minimal to no impact on adolescents incarcerated as adults, and the percentage of repeat offenders is higher in several states (Scialabba).

Retrieved from https://www.police.nsw.gov.au/__data/assets/pdf_file/0004/508315/COCE_113782_01_Dec_14.pdf. Cunneen, C., White, R., & Richards, K. (2013). Juvenile justice: youth and crime in australia. Retrieved from EBook Central.

The act emphasizes the importance of addressing the underlying causes of a young person's criminal behavior. This may involve counseling, therapy, or educational programs. According to a report by the Canadian Bar Association, "the YCJA is designed to ensure that youth receive appropriate support and guidance to help them move beyond their offending behavior and become law-abiding members of society. " This approach has been successful in reducing recidivism rates among young offenders. A study by the Canadian government found that "the rate of youth reoffending within two years of being released from custody has declined by 12% between 2003 and

I. Thesis For generations, the argument whether juveniles should be waived to adult courts or not has been a prevalent one in our society. Some agree that waiving the juveniles to adult courts will reduce their recidivism rate, due to the harsh sentences and a lifelong record next to their name. However, in light of the argument these individuals fail to consider that the level of maturity of the juvenile is not the same as an adult. The cognitive development of the juvenile is still in process when they are underage, causing them to act impulsively without thinking about the consequences of their actions.

Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.

Many people complain about how juveniles lack brain development and this should be an excuse. It makes others uncertain about trying them as adults since they lack decision-making and impulse control. Despite the lack of development, it’s ideal to recognize that for certain violent crimes, “there have to be consequences to actions” (Ford). Allowing juveniles to simply avoid adult punishment doesn’t help to promote public safety or give adolescents the responsibility they need in the future. But most people believe that juveniles still have room for rehabilitation and change.

There are many children in the world who are being put behind bars and detained for alleged wrongdoing without protections they are entitled to. Throughout the world, children are charged and sentenced for actions that should not be considered as adult crimes. Here in the United States, the minimum age of criminal responsibility is age 12. Law enforcement officials and those in the juvenile justice system nationwide tend to mistreat underage individuals by trying cases while working through the lens of an adult. Unfair punishments are still handed down domestically, which is in violation of Supreme Court law.

This is what occurred to Lee Bonneau, leaving his family and friends devastated. Today I will be discussing the topic of why young offenders should be treated the same as adults. Although children may have less judgement than an adult would, it does not mean that they do not understand right from wrong. It does not mean that they should not get punished for committing crimes, especially when taking a life from another being. The main objective of the Youth Criminal Justice Act is to restore and rehabilitate these young fugitives but how are they going to understand the consequences if we do not take it seriously?

Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.

If we look at the different criminal justice systems around the world, most countries have laws or regulations stating the “age of criminal responsibility” (Maher. G). However, there has been no clear international standard identified regarding the age at which criminal responsibility could be reasonably charged for a juvenile offender. The Convention on the Rights of Children (CRC) appeals parties to establish ‘a minimum age below which children shall be