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How should we treat juveniles who commit the most serious crimes? A view from India Nikhil Roy27th August The terrible gang rape of a student in New Delhi in December has provoked fierce debate about the treatment of juvenile offenders who commit serious violent crimes in India over the last 18 months.
In Julythe Supreme Court rejected petitions to lower the age of criminal responsibility to 16 following a campaign by many organisations, including PRI.
However, the government has now proposed that the law be amended to treat to year-olds accused of heinous crimes as adults. I attended this event, arranged as a response to a proposed Government of India Bill to amend the Juvenile Justice Act allowing for to year-olds to be treated as adults in cases where heinous crimes have been committed.
The message for policymakers is that juveniles who commit sexual offenses are not the same as adult sexual offenders, and that all juveniles who commit a sexual offense do . Murder crimes are very serious thus children who commit such actions should be prevented by way of providing punishment similar to those of adults such as having a . Some juvenile cases get transferred to adult criminal court through a process called a "waiver"—when a judge waives the protections that juvenile court provides. Usually, juvenile cases that are subject to waiver involve more serious crimes, or minors who have been in trouble before. Although.
A panel of experts comprising Dr. Achal Bhagat psychiatrist and psychotherapistMs. The discussion was moderated by Ms. Centre for Child Rights.
Introducing the evening, the Chair of HAQ Urvashi Butalia said the critical conversations program has been designed to interrogate issues of importance every month around a range of topical issues including most recently media ethics, and also including women in the city, Dalit literature, etc.
Chairing the discussion HAQ Co-Director Enakshi Ganguly said the events on the night of 16 December changed the entire discourse around issues relating to the rights of women and children. She then posed the question as to why a separate juvenile justice system is needed. Responding to this, Dr Theis made the point that children are different from adults with different needs and vulnerabilities.
However the process of understanding and responding to these differences has been a long and slow one. In the early 19th century for example children were treated as adults and subject to the same punishments including capital punishment.
The French revolution and the Enlightenment initiated a process of asking questions in a number of countries including in the UK where reform schools were eventually created to allow for separate treatment of children.
This then initiated a slow evolution of a system of juvenile justice, including a probation system for children in the midth century, with further developments in the early 20th century and with a separate system finally being enshrined in the Convention on the Rights of the Child CRC in In terms of international experience it is important to note that the issues around juvenile justice have probably been most researched with a body of guidelines developed following the adoption of the CRC.
A lot of evidence has now been accumulated from different countries including evidence on child development and evidence on what works.
The evidence has been gathered around two main approaches: While all the evidence shows that putting children into institutions, locking up, putting in institutions with adults does not work, unfortunately it remains the case that there continue to be calls for harsh punishment when there is a serious crime.
Taking the discussion forward, Atiya Bose spoke first about the misuse of statistics to create a fear factor relating to juvenile offenders. The fact remains that the actual figures relating to juvenile crime as a percentage of adult crime have consistently remained in the range of 1.
In the number of young offenders apprehended not convicted for the crime of murder was 1. At the same time 1, young offenders were accused of rape 3.
While the numbers do not stack up, it also remains the case that provisions contained within the existing Juvenile Justice Act have not been implemented and the reality is that rehabilitation is done in an ad-hoc way.
Experience shows that given a chance young offenders, even those who commit heinous crimes, are able to change and can be rehabilitated. What is needed is proper implementation of multi-systematic interventions including mentorship, working with families, cognitive behaviour therapy and the use of positive role models.
Speaking on the issue of child development, Dr Bhagat said a myth has been created that children nowadays mature faster. While it is true to say that children do have access to more information and a wider vocabulary range, however the parts of the brain which assist with decision making processes develops much more slowly.
The issue of maturity is not about access to information but ways of processing information including having the foresight to understand consequences.
Those in the age group will make decisions which may not be the same as those made at 21, and this is because more often than not the decision making part of the brain matures slowly.
This is what the science says, and although there may be exceptions, the law should not be based on exceptions. It is important to understand that an adolescent is not ready to be as blameworthy as an adult and is less well equipped to face an adversarial judicial system.
The consequences of imprisonment can be traumatic, more so for juveniles. While there is clear evidence to demonstrate that juveniles are willing to change if multi-systematic intervention is offered; there are unfortunately not the resources in place to do this and not enough trained personnel to offer the services needed.
In fact the Indian Supreme Court has said there is no evidence to demonstrate that the system in place is being implemented, so the calls for changes cannot really be justified. Suneeta Dhar began her intervention by challenging the assumption that the proposed amendments to the Juvenile Justice Act will in fact make women safer.
Statistics show most reported cases relate to domestic violence, and to child sexual violence within the home.(a) To increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that .
TEEN CRIME RISK FACTORS. A young offender is a person who has been convicted of, or cautioned about, a criminal offence. A young offender can be male or female.
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Criminal justice systems will often deal with young offenders in a different way to adult offenders. Mar 01, · Juveniles as well as other people commit crimes because they flunk out of school. They flunk out of school because they procrastinate and wait until the last minute to do papers that are due in a Status: Resolved.
China's death penalty laws and how they are applied, including death row and execution numbers, death-eligible crimes, methods of execution, appeals and clemency, availability of lawyers, prison conditions, ratification of international instruments, and .
Recidivism (/ r ɪ ˈ s ɪ d ɪ v ɪ z əm /; from recidive and ism, from Latin recidīvus "recurring", from re-"back" and cadō "I fall") is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been trained to extinguish that behavior.
It is also used to refer to the percentage of former . Extensive data collected by the Florida Department of Juvenile Justice (DJJ) can help predict which youths are most likely to commit additional crimes following release from a residential placement.