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Minimum Age For Criminal Responsibility
Rights Of The Child
Arrest Procedure Juvenile Courts/Trial Procedure
Recent Developments (Legislation)
14‐16 yrs. old
‐ separate custody or imprisonment of minors from an adult jail or prison population ‐ compulsory education for minors in prison ‐ Broadcasting info about the child’s involvement in the case
‐ does not treat juveniles differently [from adult suspects]. ‐ Handled by juvenile courts (roundtable trial, suspension of judgement to education & reform)
14 yrs. old
‐legal assistance ‐female juvenile‐ female officer ‐ Below 18 at the time of the crime (< 5 yrs sentence) the records of the crime shall be sealed unless required
7‐12 yrs. old
Minors held in custody, arrested or are under criminal punishment shall be detained, administered and educated SEPARATELY from adults
‐suspended sentences ‐fixed‐ term sentences of three years or less ‐short‐term detention of between six and 12 months ‐ fines 14 yr. Old minors shall be subject to criminal liability under national laws
national policy to seal the detention, arrest, and incarceration records of most juvenile offenders Improved protections for juvenile detainees
14 to 16 years old can be punished as an offender by criminal courts in certain cases
‐presumption of innocence ‐the charges, possible sentences, process are notified to the children ‐Legal assistance and involvement of the child and his/her parents in the judicial process ‐decisions are taken without delay ‐admission or confession is not admissible as evidence ‐equality of arms (accusatorial/inquisitorial trials) is ensured ‐if for the best interests of the children, the presence of parents and/or guardians is assured ‐respect of children’s dignity and privacy 15 ‐18 yrs. old‐ No one may be sentenced for a crime exhausted all committed before the age of 15. But other options the guilt or innocence of a child under 15 may determine and convict a person over 15 as an accomplice
NO SPECIFIC LEGAL AGE sole criterion is of MORAL DISCERNMENT, ** 10‐18 years of age 14 yrs. old 15‐18 with Discernment ‐ must be punished, but the punishment is limited.
A lawyer must be present at all stages ‐The Juvenile Court Judge can of the proceedings make various orders during this phase depending on the age of the young person, the nature of the offence and the sentence incurred. ‐The Juvenile Court (professional + experts in other fields ie. Psychologists, pedagogue, anthropologist etc) ‐Parents or legal guardians are allowed to attend the trial. ‐Decision can either be a Suspension of trial or Probation
Penalties are adapted to the age of the child. ‐may impose criminal penalties with educational measures the juvenile may benefit from a lesser punishment (precautionary & alternative measures, substitute penalties, custodial sentences, security measures)* *also applicable to 18‐21 yrs. old
Setting up of Juvenile Justice Board in every state Setting up of Child Welfare Committee every state . Setting up of Special Juvenile Police Unit (SJPU) Law on Prevention of Delinquency (March 5, 2007) ‐presently debating on minor and adult repeat offenders. No specialised legislation or act for young people, only Article 79 of the Penitentiary Act Code of Penal Procedure.
10 yrs old
If a child who is under 15 has broken a law, committed a crime or endangered herself or other, the juvenile’s parents and/or a social worker may be contacted (fines, probation, community service, care & supervision through Social Services) (European Convention on the Exercise Local Child Curfew (9pm‐6am) Children’s Rights) unless accompanied by an adult (Guidelines of the Committee of Child Safety Order ‐under the Ministers of the Council of Europe on supervision of a Youth child‐friendly justice) Offending Team *Can be arrested and taken to court if they commit a crime
Imprisonment (if the crime is severe or age is close to majority)* *extremely rare. Minors who are incarcerated serve only half of the time that an adult would serve for the same crime. Lasts up to 90 days
The European Committee on Legal Co‐ operation –CDCJ The European Committee on Crime Problems‐CDPC The Steering Committee for Human Rights –CDDH), and the European Commission for the Efficiency of Justice
8. United Kingdom
10‐17 yrs. old
(European Convention on the Exercise Children’s Rights) If child has sufficient understanding: ‐ensure that the child has received all relevant information ‐any form of deprivation of liberty should be a measure of last resort and be for the shortest appropriate period of time
Treated as an adult by the law but must inform parents about the details Determine whether it has sufficient information at its disposal in order to take a decision in the best interests of the child ‐police should ensure that children in police custody are kept in conditions that are safe and appropriate to their needs
Lasts up to Same as Spain 3 to 9 mos. Dealt with by youth courts and are given different sentences Sent to special secure centers for young people( max 18‐25 yr olds), not adult prisons ‐mediation, education, diversion of judicial mechanisms and alternative dispute resolution should be encouraged ‐Strong and clear evidence beyond all contradiction but must not be the mere proof of doing the act charged Diversion: family conferencing, compensation, community service, detention in 3 correctional facility A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term. Crime Sentencing Act of 1992 Criminal Code Act of 1995 (s.72) Young Offender’s Act of 1993 Youth Court Act of 1993 Child Protection Act of 1993
10 yrs. Old
‐Principle of Restoration ‐Family Conferences (Accused‐ Victim/Parents‐ Parents of Accused‐ Police officer) The juvenile is also entitled to a speedy trial. Rehabilitation is the primary reason for sentencing. Imprisonment is the last 1 resort.
Age of Criminal Responsibility is established by state laws – 7‐15 yrs old
No juvenile offender shall be sentenced to life in prison without parole for a Non homicide crime *** The main goal of the juvenile justice system is rehabilitation rather than punishment. Probationary measures granted to minors: ‐Counselling ‐Fine ‐Compensation, ‐Community service ‐Probation
11‐18 yrs. old
Juveniles are assisted by Guardianship Councils. Entitled to due process rights granted to adults though different standards may be applied due to immaturity and cognitive incapacity. He is also entitled to presumption of innocence, prompt notification of any charges, prohibition of self incrimination, and prompt trial. 4
‐can either be summoned by the police through arrest or referrals by parents and schools, delinquency victims and probation officers ‐ can be arrested by the police and kept in a remand centre until going to court. ‐ can be arrested and released on bail ‐ By law, the names of juveniles brought to court cannot be disclosed. 2 Police officers do not necessarily have to refer a minor suspect to juvenile court. The leeway a police officer is given depends on the state, but in general he or she can elect to: 1. Detain the minor and warn about the consequences of committing the crime before releasing the minor. 2. Detain and hold the minor until the minor's parents or guardians arrive and then release the minor. 3. Take the minor into custody and refer the minor to a juvenile court officer
The Supreme Court decision on June 25, 2012, barring the mandatory sentencing of juvenile offenders to life without parole recognizes children’s capacity for change.
‐Imprisonment Rehabilitative measures such as Counselling, Educational and vocational training programs, and other rehabilitating measures, Warning ‐Admonition ‐ Placement in custodial homes ‐Confinement in educational institutions 5
Article 18 of the Mexican Constitution was reformed in 2005 which aimed to bring the states’ different laws for young offenders under a single law.
http://hsc.csu.edu.au/legal_studies/structure/crime/4076/trial_process.htm Retrieved: February 16, 2013 http://www.victimsofcrime.wa.gov.au/J/juveniles.aspx?uid=2772‐3637‐3224‐8302 Retrieved: February 16, 2013 Effective Practice in Juvenile Justice, Noetic Solutions PTY Limited, January 2010 http://www.djj.nsw.gov.au/pdf_htm/publications/general/juvenile%20justice%20effective%20practice%20review%20final.pdf
2 3 1
http://www.loc.gov/law/help/child‐rights/mexico.php Retrieved: February 16, 2013 Ibid.
CHINA The Law on Prevention of Juvenile Delinquency (Article 51, 52, 55, 57) The PRC Law on the Protection of Minors The Law on Prevention of Juvenile Delinquency (Prevention Law) JAPAN Article 37, 40 of Criminal Code (age), 1948 Juvenile Act Japanese Juvenile Law INDIA Indian Penal Code (IPC), 1860
French Criminal Policy of Juvenile Justice
Age requirement from Article 97 of the Italian Criminal Code The Code of Juvenile Criminal Procedure (DPR 448/1988)
Crime Sentencing Act of 1992 Criminal Code Act of 1995 (s. 7.2) Young Offender’s Act of 1993 Youth Court Act of 1993 Child Protection Act of 1993
UNITED STATES OF AMERICA
US Constitution and Federal Statutes. Different States had elected their own Juvenile Codes. MEXICO Mexican Constitution Code of Criminal Procedure for Juveniles (State of Oaxaca) Federal Juvenile Justice Law
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