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Date: April 30, 2024 Tue
Time: 2:59 am
Time: 2:59 am
Results for age of responsibility
4 results foundAuthor: Skelton, Ann Title: The Criminal Capacity of Children in South Africa: International Developments & Considerations for a Review Summary: The purpose of the research is to give an overview of the different debates and international developments on the establishment of a minimum age of criminal capacity and the doli incapax presumptions with a view to assist the South African Parliament in its legally mandated review of the minimum age of criminal capacity. The facts and findings in this research report may also be used as a basis for starting a debate on questions such as what the minimum age should be, and whether the current legal presumptions should be retained or discarded. Details: Bellville, South Africa: The Child Justice Alliance, c/o The Children’s Rights Project, Community Law Centre (University of the Western Cape), 2011. 56p. Source: Internet Resource: Accessed October 31, 2011 at: http://www.communitylawcentre.org.za/clc-projects/childrens-rights/other-publications/criminalcapacity_SA.pdf Year: 2011 Country: South Africa URL: http://www.communitylawcentre.org.za/clc-projects/childrens-rights/other-publications/criminalcapacity_SA.pdf Shelf Number: 123184 Keywords: Age of ResponsibilityJuvenile Justice (South Africa)Juvenile LawJuvenile Offenders |
Author: Bateman, Tim Title: Criminalising children for no good purpose: The age of criminal responsibility in England and Wales Summary: In England and Wales, children are deemed to be criminally responsible, and become subject to the full rigour of the criminal law, from the age of ten. Children too young to attend secondary school may nonetheless be arrested and detained at a police station. They can be prosecuted and, if convicted, will receive a criminal record that, for some purposes, must be declared indefinitely. If a 10-year-old commits an offence considered to be a 'grave crime', he or she will be tried in the Crown Court and may be given a custodial sentence equivalent to that available in the case of an adult. Similarly, a child of that age co-accused with an adult will be subject to trial in an adult venue. The National Association for Youth Justice (NAYJ) considers that the arguments for maintaining the status quo are unconvincing: the government's rejection of calls to review the point at which children become criminally liable is motivated by an ideological commitment to appear tough on youth crime rather than a dispassionate review of the evidence. The NAYJ believes that such a review demonstrates that criminalisation of children at such a young age: represents a breach of international standards on children's rights; does not take account of children's developing capacity and imputes culpability inappropriately; and is illogical, unnecessary, and damaging. Details: UK: National Association for Youth Justice, 2012. Source: Internet Resource: Campaign Paper: Accessed March 17, 2016 at: http://thenayj.org.uk/wp-content/files_mf/criminalisingchildrennov12.pdf Year: 2012 Country: United Kingdom URL: http://thenayj.org.uk/wp-content/files_mf/criminalisingchildrennov12.pdf Shelf Number: 138309 Keywords: Age of ResponsibilityJuvenile Court TransfersJuvenile Justice PolicyJuvenile Justice ReformJuvenile Justice SystemsJuvenile OffendersWaiver (of Juvenile Court Jurisdiction) |
Author: Merfish, Brett Title: RAISE THE AGE: 17-Year-Olds in the Criminal Justice System. Arrests, Jail Bookings, and Case Outcomes Among 17-Year-Olds in Texas, 2012-2015 Summary: Texas is one of only seven states in which 17-year-olds accused of committing crimes are automatically shuffled into the adult criminal justice system rather than the juvenile justice system, regardless of the crime. Treating 17-year-olds as adults in the criminal justice system is out of step with the societal consensus for "maturity" as well as with research on brain development that finds youth are inherently less likely to consider the outcomes of their actions, more prone to risky behavior, and more vulnerable or susceptible to negative influences and outside pressures. Sending youth into the adult system has serious consequences for their mental health and physical well-being; 17-year-olds face physical and psychological risks when placed in adult prisons that lead to higher rates of suicide, depression, and physical and sexual victimization. In addition, having an adult criminal record creates future barriers to education, employment, housing, and military service. Seventeen-year-olds are not able to vote, serve on juries, or serve in the military, yet they are treated as adults by the criminal justice system. Moreover, the crimes 17-year-olds are arrested for and the crimes for which they're booked in jail closely resemble the crimes for which younger juveniles in Texas are arrested and detained. In short, 17-year-olds are very much like their 16-year-old counterparts but they receive different treatment by the criminal justice system - treatment that leads to higher recidivism rates and more negative effects on their well-being. The following data analysis examines the arrests (including arrests by Houston-area school district police officers), jail bookings, and case outcomes for 17-year-olds in Texas over the last four years for which complete data were available (2012-2015). Unless otherwise noted, data were obtained from the Texas Department of Criminal Justice (TDCJ), the Texas Department of Public Safety (TDPS), and the Texas Juvenile Justice Department (TJJD). Some top-level findings of the analysis are: - The majority of 17-year-olds are arrested for low-level misdemeanor offenses. - Fewer 17-year-olds are being arrested each year - with a 17% decrease from 2013 to 2015. The number of arrests of 17-year-olds is closer to other juveniles than to adults or 18-year-olds. - The top three offenses leading to arrests of 17-year-olds were theft (20.8% of offenses), drug possession (19.1%), and assault (10.8%). - For drug offenses, 75.5% of arrests were for marijuana possession, representing 14.4% of all arrests of 17-year-olds. - Of arrests of 17-year-olds by Independent School District (ISD) officers in the Houston area over an almost two-year period, 35.9% were for drug possession, mainly small amounts of marijuana. - Data from a sample of counties show an annual downward trend of 17-year-olds being booked into jail; possession of marijuana (19.3%) and theft (18.1%) were the most common offenses. - The offenses most commonly resulting in jail bookings for 17-year-olds varied only slightly between counties. These findings and the following data analysis make a compelling case for treating 17-year-olds as juveniles within the criminal justice system. The rates at which they are arrested along with the offenses for which they are booked resemble the rates and offenses for 16-year-olds; yet their different treatment leads to very different outcomes. Raising the age will ensure that 17-year-olds who are charged with a criminal offense are treated in a developmentally appropriate way. Details: Austin, TX: Texas Appleseed, 2017. 24p. Source: Internet Resource: Accessed April 21, 2017 at: https://www.texasappleseed.org/sites/default/files/Raise%20the%20Age%20Report_041117.pdf Year: 2017 Country: United States URL: https://www.texasappleseed.org/sites/default/files/Raise%20the%20Age%20Report_041117.pdf Shelf Number: 145071 Keywords: Age of Responsibility Juvenile Court JurisdictionJuvenile Justice Reform Juvenile Justice System Juvenile OffendersJuvenile Waiver Waiver to Adult Court |
Author: Human Impact Partners Title: Raise the Age: Protecting Kids and Enhancing Public Safety in Michigan. Summary: We are supporting juvenile justice reformers in Michigan to strategically bring a public health perspective into their campaign to pass Raise the Age legislation in Michigan. All kids deserve the opportunity to lead healthy, productive lives. Yet Michigan puts kids at risk by being 1 of only 5 states that still automatically try 17-year-old arrestees as adults in criminal court. As a result, 17-year-olds in Michigan are subjected to a harsh criminal justice system that separates them from their families and limits their access to the services and education they need to rehabilitate. In 2016, Michigan police made 7,215 arrests of 17-year-olds - more than 80% of these arrests were for nonviolent offenses, and more than half were considered misdemeanors. Though many of the kids involved in the criminal justice system have experienced extreme hardship, they are resilient and can turn their lives around. They deserve attention and treatment, not incarceration. Our work consists of two parts: Our research report evaluates the health and equity impacts of charging 17-year-olds in juvenile court rather than adult court, to inform legislation under consideration in Michigan that would raise the age of juvenile court jurisdiction from 17 to 18 years of age. In partnership with Michigan juvenile justice reformers, public health practitioners, and community organizers, we are working to mobilize health professionals as a constituency to advocate for passing Raise The Age legislation - with the goal of advancing criminal justice reforms that place health and well-being at their center. Details: Oakland, CA: Human Impact Partners, 2017. 24p. Source: Internet Resource: Accessed November 10, 2017 at: https://humanimpact.org/wp-content/uploads/2017/11/HIP_MichRaiseTheAgeReport_2017.11.pdf Year: 2017 Country: United States URL: https://humanimpact.org/wp-content/uploads/2017/11/HIP_MichRaiseTheAgeReport_2017.11.pdf Shelf Number: 148166 Keywords: Age of ResponsibilityJuvenile Court TransfersJuvenile Justice ReformJuvenile Justice SystemWaiver (of Juvenile Court Jurisdiction) |