Young Lawbreakers: Understanding Juvenile Justice And Rehabilitation

When kids break the law, the consequences depend on several factors, including the nature of the crime, the age of the child, and their ability to understand right from wrong. In most jurisdictions, children under a certain age cannot be charged with a crime as they are still learning right from wrong. For instance, in Australia, children under 10 cannot be taken to court. Once a child reaches an age where they can be charged, they will face different types of charges and penalties based on their age, understanding of right and wrong, and prior record. In some cases, children may be tried and sentenced as adults if they show a clear understanding that their actions were wrong, especially in serious crimes like murder. While the primary goal of juvenile justice systems is to rehabilitate rather than incarcerate, the reality is that many young offenders end up being locked up. This raises questions about the role of parents in managing their children's behaviour and deciding whether to turn them in to authorities. While some parents may choose to defend their children, others may feel it is their responsibility to expose their children's suspicious or criminal activities.

Children under 10 cannot be charged with a crime

Children under the age of 10 are treated differently from adults or youths under 18 when it comes to breaking the law. While they cannot be charged with a criminal offence, there are other ways they can be punished.

In the UK, children under 10 who break the law are not arrested or charged with a crime. The age of criminal responsibility in England and Wales is 10 years old. However, there are still consequences for these children. For example, they can be given a Local Child Curfew, which bans them from public places between 9 pm and 6 am unless they are with an adult. This can be enforced for up to 90 days. If the child breaks their curfew, they can be given a Child Safety Order, which places them under the supervision of a youth offending team for up to 12 months.

If a child under 10 regularly breaks the law, they may be taken into care, or their parents may be held responsible. In these cases, parents may be asked to attend a parenting programme, sign a Parenting Contract, or be given a Parenting Order by a court. These measures are typically voluntary, but a court may order them if deemed necessary.

The rationale behind these rules is that children under 10 are still learning right from wrong. While they may face consequences for their actions, the focus is on providing guidance and support rather than criminal punishment.

Parents may be charged for neglect if a child breaks the law

In the United States, child neglect is the most common form of child maltreatment. It is a form of passive abuse, where a parent or caregiver fails to provide for a child's basic physical, emotional, psychological, or educational needs. This can include physical neglect, educational neglect, psychological/emotional neglect, medical neglect, and neglect by sexual exploitation.

In the state of California, child neglect is a violation of WIC 300 and can result in a juvenile dependency case or Child Protective Services (CPS) case. If allegations of child neglect are reported and found to be true, the state will file a petition with the court to initiate legal proceedings, which may result in the child being placed in protective custody or foster care. Additionally, under California's Penal Code 270, child neglect is a crime, typically filed as a misdemeanour, with a possible jail sentence of one year.

In Australia, each state has a legal aid service that provides free legal advice to young unemployed people. The aim is to keep young people out of the criminal justice system as much as possible. While children under 10 cannot be taken to court, those between 10 and 17 will have to attend Children's Court if they commit a serious offence.

While there is no specific mention of parents being charged for neglect if their child breaks the law, the above information highlights the serious consequences of child neglect, including criminal charges and the removal of the child from the home. Therefore, it is essential for parents to understand their legal responsibilities and seek help if they are struggling to provide for their child's basic needs.

Children may be tried as adults in serious cases

BJ Casey, Professor of Neuroscience at Barnard College, has presented neuroscientific research highlighting the significant differences between the brains of children and adults. The brain's capacity for change, or plasticity, is observable from ages 10 to 25, with critical changes occurring in the prefrontal cortex and deep primitive regions of the brain. Adolescents have a heightened sensitivity to emotional information and peer influences, combined with an under-appreciation of risks and consequences. The brain continues to develop into a person's early to mid-twenties.

Marsha Levick, Chief Legal Officer and Co-Founder of the Juvenile Law Center, notes that the adult criminal justice system is driven by punishment and retribution, with limited opportunities for rehabilitation. In contrast, the juvenile justice system is designed to emphasize rehabilitation over punishment and is better suited to meet the unique needs of youth. Scientific research shows key developmental differences between youth and adults that impact decision-making, impulse control, and susceptibility to peer pressure.

Prosecuting youth as adults puts them at risk of sexual abuse, physical assault, and suicide. Incarcerating children with adults also denies them access to essential programs and services, including education and treatment and counseling services, impeding their chances for healthy development. Furthermore, education is closely linked to reducing re-offending, and youth's successful re-entry into their communities is compromised when they are deprived of adequate educational opportunities.

While children may be tried as adults in serious cases, it is important to consider the unique characteristics and needs of youth when making such decisions. The juvenile justice system, with its focus on rehabilitation, may be a more appropriate setting for youth offenders.

Children can be sentenced to detention in youth facilities

There are two types of juvenile detention facilities: secure detention and secure confinement. Secure detention facilities hold young people for short periods while they await trial hearings and further placement decisions. This type of detention ensures that young people appear in court and protects the community from any potential risk. Secure confinement, on the other hand, implies that the young person has been committed by the court to the custody of a secure juvenile correctional facility for a specific program lasting from a few months to several years.

Juvenile detention is not meant to be punitive. Instead, it aims to provide care and rehabilitation for the detained youth. The state or local jurisdiction is usually responsible for offering services such as education, recreation, health, assessment, counseling, and other intervention services to maintain the youth's well-being during their stay.

However, critics argue that juvenile detention is more harmful than beneficial. It has been found to have negative long-term effects on youth development, physical and mental well-being, and education. The restrictive and repetitive rules in detention centers can impede young people's ability to cope with the outside world and adjust to society. Additionally, juvenile detention facilities often fail to provide adequate mental health treatment, and the conditions of confinement can lead to suicide and self-harm.

As an alternative to juvenile detention, community-based interventions and delinquency prevention programs have been proposed. These include school-based programs, mental health courts, drug courts, and various forms of therapy. Such approaches are argued to be more effective in treating young people, reducing recidivism, and promoting public safety.

Parents can be sued for their children's actions in civil cases

Parents can be held legally accountable for their children's actions in civil cases, which is known as parental liability. This is because parents have a duty to supervise their children, and since minors cannot always be held responsible for their actions, the responsibility shifts to the parents. Parental liability laws can subject parents to civil lawsuits or criminal sanctions if their children commit crimes or cause injuries or property damage to a third party.

Parental civil liability is intended to compensate victims of torts (wrongful acts) and to encourage parental control and supervision. It generally begins when the minor is between eight and ten years old and ends when the child reaches the age of majority, which is typically between 18 and 21 years old, depending on the state. While compensation is usually limited to actual damages and court costs, some states, like California, include attorney fees as well.

Parental civil liability is based on the theory of vicarious liability, a common-law concept often used in employment settings. In this context, a parent is comparable to a supervisor or person in charge of a child. When a child engages in willful misconduct or intentional acts, the parent can be held accountable. Vicarious liability means holding a more responsible party liable for the actions of another.

Most cases of parental civil liability involve property damage caused by a child. All states have laws holding parents responsible for acts of vandalism or other property damage committed by their children. Vandalism typically refers to public property, such as government or school property, but it can also include private property when the damage is significant. Examples include graffiti, breaking windows, fire damage, keying a car, damaging a cell phone, or harming someone's pet.

In addition to property damage, parents can also be held liable when their child causes personal harm to another person. This could range from a prank on a neighbour that caused harm to a fight at school. States may set financial and other limits on the damages owed by a parent for personal injury caused by their child. For example, in Ohio, an injured party can sue a parent for up to $10,000, while in Michigan, the dollar limit is lower at $2,500.

Parents may also face criminal charges for their children's actions in specific circumstances, such as firearm access laws, where parents can be criminally charged for leaving firearms unsecured in the home. Some states have laws that impose liability on parents who provide alcohol to minors, which could result in civil or criminal liability.

Furthermore, parents can face consequences beyond civil liability and criminal charges. Homeowner's or renter's insurance may cover a child's wrongful acts, but negligence resulting in serious injury may affect insurance rates. In the case of drug-related offenses, a family living in Section 8 housing could risk losing their home, even if they were unaware of the child's actions. Child custody and family courts also consider allegations of parental negligence, always prioritising the child's best interest over parental rights.

Frequently asked questions