Nicked fifty times... aged 11

Shield

The Sun today reports an all-too-common story that plagues towns and cities across Ireland and the UK: Juvenile delinquency.

In the case The Sun writes of, an 11 year old boy has clocked up 17 convictions in 2 years. He has been arrested over 50 times. He lives in an 'open door' children's home.

The harm and misery this little person has inflicted on society is equal to that of an adult, but the current Criminal Justice System is extremely limited in what is can do with a person this young.

From my point of view there seem to be some value in sending kids like this to a Brat Camp of sorts. What they don't learn in their formative years they'll have to learn at some point in their development, or they will continue to wreck people's lives as they become older and criminality becomes part of their identity. The amount of police time that has been effectively wasted on 1 person, not to mention court time and legal fees, has to be staggering.

If, at an early stage, there was the threat of a tiered boot camp structure looming over his head, one wonders if he would have continued to offend.

What Criminal Justice System changes would you like to see where a child (who is effectively parentless) is involved in incessant criminality?

Maximilian

A brat camp approach sounds like a good idea. Can't say I think traditional methods of punishment/deterrence works with children.

I have no idea how out justice system deals with these cases to be honest.

What tends to happen?

Gurgle

Maximilian wrote: »

I have no idea how out justice system deals with these cases to be honest.

What tends to happen?

They don't deal with them at all - its just round and round from street to home to court until they either kill someone, get themselves killed, or turn 18 and hit their 1,000,000th conviction.

Trojan911

The Brat Camp seems a good start even if it puts a minority percentage of habitual offenders back on the straight and narrow.

However, we have to accept that there is an element of society in every country, city or town that has absolutely no respect for law & order or their fellow human beings.

It will not be eradicated but will continue to be controlled by means of cautioning, fines or imprisonment.

Every generation blames the one before.

johnnyskeleton

psni wrote: »

The Sun today reports an all-too-common story that plagues towns and cities across Ireland and the UK: Juvenile delinquency.

In the case The Sun writes of, an 11 year old boy has clocked up 17 convictions in 2 years. He has been arrested over 50 times. He lives in an 'open door' children's home.

The harm and misery this little person has inflicted on society is equal to that of an adult, but the current Criminal Justice System is extremely limited in what is can do with a person this young.

From my point of view there seem to be some value in sending kids like this to a Brat Camp of sorts. What they don't learn in their formative years they'll have to learn at some point in their development, or they will continue to wreck people's lives as they become older and criminality becomes part of their identity. The amount of police time that has been effectively wasted on 1 person, not to mention court time and legal fees, has to be staggering.

If, at an early stage, there was the threat of a tiered boot camp structure looming over his head, one wonders if he would have continued to offend.

What Criminal Justice System changes would you like to see where a child (who is effectively parentless) is involved in incessant criminality?

Well for a start you'd have to change the law as regards the age of criminal responsibility, because such a child in the RoI wouldn't have any convictions.

http://www.irishstatutebook.ie/2001/en/act/pub/0024/sec0052.html#partv-sec52

Tom Young

In the Criminal Law, the Criminal Justice Act 2006 effectively abolished the maxim or expression Doli Incapax. Making minors liable for serious offences between the ages of 10 and 12 years.

The definition of a minor is generally someone under the age of 18 years in Ireland for all other contexts.

Thus amending:

The Children Act (as amended by the Criminal Justice Act 2006)
Section 52 (as amended) states:

(1) Subject to subsection (2), a child under
12 years of age shall not be charged with an
offence.

(2) Subsection (1) does not apply to a child
aged 10 or 11 years who is charged with murder,
manslaughter, rape, rape under section 4 of the
Criminal Law (Rape) (Amendment) Act 1990 or
aggravated sexual assault.

(3) The rebuttable presumption under any rule
of law, namely, that a child who is not less than 7
but under 14 years of age is incapable of committing
an offence because the child did not have the
capacity to know that the act or omission concerned
was wrong, is abolished.

(4) Where a child under 14 years of age is
charged with an offence, no further proceedings in
the matter (other than any remand in custody or
on bail) shall be taken except by or with the consent
of the Director of Public Prosecutions”.


Section 76C of the Children Act 2001 states:
Where a child under 14 years of age is
charged with an offence, the Court may, of its own
motion or the application of any person, dismiss
the case on its merits if, having had due regard to
the child’s age and level of maturity, it determines
that the child did not have a full understanding of
what was involved in the commission of the offence.”.

I am not contradicting JS, but adding the above for clarity. The 2006 Act modified the concept of Doli Incapax, in-fact some say abolished it in part, save for the mere presumption.

Tom

Tom Young

I think the 2006 Act also brings in ASBOS, but I have heard from colleagues that these are about as useful as a chocolate teapot.

nesf

I've never really got this whole diminished responsibility thing for "minors". If they can plan out and enact a complicated crime themselves (i.e. are not merely doing a bit of legwork for older criminals) then they are old enough to be punished for doing it.