23-10-2023, 10:36 AM
Lots of noise from the right recently about how they're going to 'get tough' on young offenders involved in ram raids. Which is all very well to gain votes but the reality could be very different.
While no one wants idiot kids doing stupid stuff like ram raids, most of us might not be comfortable with children of 10 or 12 being prosecuted especially since that would be against the Geneva convention.
Eventually I suspect we may have to take another look at how we decide when someone becomes fully responsible for their actions, now that the Dubnedin study has established that human brains aren't fully functioning until the mid 20s. In particular the area of the brain which deals with consequences of actions.
Perhaps we could instead, support & help parents to be better parents.
https://www.waikato.ac.nz/news-opinion/m...onsibility
"This comes not long after a recent rise in ram raids and smash-and-grab burglaries by young offenders was called a “tsunami” of youth crime by the National Party police spokesperson.
But just how the justice system should deal with children and teenagers remains a complex question – especially when it comes to the minimum age of criminal responsibility.
In fact, New Zealand is among a number of countries criticised by the United Nations Committee on the Rights of the Child for retaining an unacceptably low age of criminal responsibility.
It’s now more than 60 years since the Crimes Act set the age at ten years. Children younger than that, the law says, are incapable of forming criminal intent. Since that law was written, we have learned a lot more about the brain development of children and adolescents, and how their decision-making abilities differ from adults.
Given this also affects their ability to comprehend the court process itself, and therefore their right to a fair trial, is it time New Zealand revisited the minimum age and the reasons for raising it?
Even politicians calling for a tougher approach to youth crime seem to agree that keeping children out of the criminal justice system should be a priority, particularly for young and first-time offenders.
Currently, children aged over ten but under 14 are subject to the adult criminal justice system. But they may avoid conviction if it can be shown they didn’t know their actions were wrong or illegal."
While no one wants idiot kids doing stupid stuff like ram raids, most of us might not be comfortable with children of 10 or 12 being prosecuted especially since that would be against the Geneva convention.
Eventually I suspect we may have to take another look at how we decide when someone becomes fully responsible for their actions, now that the Dubnedin study has established that human brains aren't fully functioning until the mid 20s. In particular the area of the brain which deals with consequences of actions.
Perhaps we could instead, support & help parents to be better parents.
https://www.waikato.ac.nz/news-opinion/m...onsibility
"This comes not long after a recent rise in ram raids and smash-and-grab burglaries by young offenders was called a “tsunami” of youth crime by the National Party police spokesperson.
But just how the justice system should deal with children and teenagers remains a complex question – especially when it comes to the minimum age of criminal responsibility.
In fact, New Zealand is among a number of countries criticised by the United Nations Committee on the Rights of the Child for retaining an unacceptably low age of criminal responsibility.
It’s now more than 60 years since the Crimes Act set the age at ten years. Children younger than that, the law says, are incapable of forming criminal intent. Since that law was written, we have learned a lot more about the brain development of children and adolescents, and how their decision-making abilities differ from adults.
Given this also affects their ability to comprehend the court process itself, and therefore their right to a fair trial, is it time New Zealand revisited the minimum age and the reasons for raising it?
Even politicians calling for a tougher approach to youth crime seem to agree that keeping children out of the criminal justice system should be a priority, particularly for young and first-time offenders.
Currently, children aged over ten but under 14 are subject to the adult criminal justice system. But they may avoid conviction if it can be shown they didn’t know their actions were wrong or illegal."
in order to be old & wise, you must first be young & stupid. (I'm still working on that.)