Raising the Minimum Age of Criminal Responsibility to 14: Benefits and Implications
Introduction
In this paper, the proposed change to increase the section 5 of the act: children (criminal proceedings) Act 1987 from 10 years to 14 years shall be analyzed. The research will be done in the favor of the amendment. The main argument that will be made is that these policies will more harm marginalized youth while adhering to the accords and properly rewarding youths efforts. The recommendation will encourage institutions to implement support systems that are multi-faceted, as well as conduct regular assessments to ensure proper implementation of such systems.
Background
The plan of reform of Section 5 of the Children (Criminal Proceedings) Act 1987 NSW, concerning the increase in the minimum age of criminal responsibility (MACR) from 10 to 14 is based on present-day views on children and juvenile justice. The historical roots of a low age of criminal responsibility in NSW, and indeed many other regions, can thus be traced back to a penal-welfarism model of youth justice. Socio-cultural changes, socio-political elements and the new economic order have recently fueled a reconsideration of this position.
On the socio-cultural front, there is increasing appreciation of the actual developmental distinctions between the two age groups. Studies revolving around developmental psychology argue that children under 14 years of age have not developed enough capacity to reason to grasp that they are wrong in doing something or that they can engage in the criminal justice system appropriately (Baldry et al., 2018). From this view, one would be in a position to embrace non-penal methods and instead opt for reformative measures and more reparation.
Hence, socio-politically, the youth justice stakeholders such as policymakers, legal aid groups, case managers and adolescent psychologists are now calling for reform. Criticizing trends advise that pitiless forbidding of youthful children will have damaging lifelong repercussions like high reoffending rates and interrupted life careers. Currently there is a drive to harmonize laws of New South Wales with those of other countries including those of the United Nations Convention on the Rights of the Child which proposed raising MACR (Cunneen et al., 2021). They relay that the expenses incurred in the imprisonment of young offenders remains high. It is now known that methods other than secure care like restorative and community justice are not only cheaper but also result in the improved wellbeing of children and society.
The reason for such change is welfarist rationality that is based on the concept of protection and enhancement of the child rather than punitive measures. The corresponding strategy is that of restoration and remoralization. In this regard, this approach aims at positively changing the position of the child in the society by providing supportive measures that would enable the child to overcome factors that have led to the offending behavior without necessarily leading to criminal referral (Drabsch, 2022). Relying on the values of care, support, and reintegration, it is designed to remodel youth governance and demonstrate a commitment to youths well-being and prospects. This change is in synergy with common neoliberalism and neoconservatism where ideas are propagated about individual responsibility fostered in a system.
Research and analysis
This research shall discuss the characteristics of the MACR, examine the prevalence and risk factors of youth crime and victimization as well as the outcomes found in areas with heightened MACR.
Nature and Extent of Youth Offending
The youth offending in Australia shows trends that are different from each age, meaning that there is a need to address issues affecting them according to their age. According to the first choice, participants of the 2015 New South Wales Young People in Custody Health Survey refer to minority poorly educated Indigenous young people and children under the age of 14 years. These children are likely to suffer from several forms of social risks such as school dropout, emotional problems, substance use, and learning disabilities (Haysom, 2022). The current system has significant provisions which facilitate the notion that children as young as 10 can be criminally responsible, an aspect that has a much greater impact on these vulnerable groups.
Positive Effects of Raising the MACR
To offer an overview of the various benefits that shall be attained once the MACR has been adjusted to 14 years. Research carried out on sample data from member countries of the European Union where MACR is an average of 14 years similarly showed that the offending rate decreases as the age of the youth increases implying that early introduction of juveniles to the justice system was likely to deter rather than deter them from crime. IBD prevalence has been rising in various countries and regions, including Scotland, where the MACR increased from eight to 12 years in December 2021. This could mean that by raising the MACR we could be preventing 500-600 Indigenous children each year from entering the criminal justice system and thus would lessen their early and often coerced contact with the police and detention centers (Davis, 2022). This change would help reduce recidivism and early exposure to a criminal justice system, which is a highly reliable independent variable that is linked to criminal tendencies.
Impact on Specific Groups
Indigenous Youth: Reporting on Aboriginal kids experience in the criminal justice system, it is imperative to consider two observations: At the moment, they are about 50% of incarcerating youth in Australia, reaching almost two-thirds of total in the case of the individuals under 14 years old (Crofts, 2019). This is because the proposed amendment would also address this unfair targeting of Indigenous youth in preference for chances of diversion and rehabilitation instead of punishment. This is in line with broader equity and social justice aims that seeks to right the wrongs that Indigenous children have faced due to the incongruous support systems in Australia.
Youth with Cognitive and Psychological Disorders: The research done on the YPICHS shows that the majority of the children in custody are known to have some form of learning disability mental health problem or substance dependence problem (Cunneen, 2020). By increasing the MACR, society would be able to respond appropriately to these childrens needs and not forward criminalize them which in turn, leads to harming them.
Economic Considerations: The expenditure on youth detention brings a hefty price tag, where in 2016-2017 the amount being spent per day per young person was estimated to be $1482 (Haysom, 2022). It should be noted that these funds could be spent more effectively to targeting the root causes of such behaviors, specifically through community-based activities and providing more attention to mental health and education initiatives for youth involvement.
Drawing International Comparisons
A few countries have adopted relatively higher MACRs in the recent past; hence, their experience can be useful in the context of understanding the possible gains of such reforms. For instance, many European countries have established the MACR at 14 and above, a factor that has led to reduced rates of youths engaging in criminal activities and reduced ill effects that are likely to be occasioned by early contact with the criminal justice system (Wishart, 2023). Overall, surveys in New Zealand have shown that despite various systematic issues, changes made in 2017 towards enhancing diversionary decisions by the police and courts have been proven to work, especially for non-indigenous youth. However, these changes in population dynamics point to a call for increased policy intervention to make sure that the Indigenous and other disadvantaged youths are not left behind to benefit from such changes.
Recommendation and conclusion
In order for the government to achieve the process of implementing the proposed amendment, the government should consider a holistic and complex strategy. The rights of children, particularly indigenous/marginalized, deserve to be protected by implementing and expanding more financial resources to mental health, education, and social services- diversion programs for youths, and children at most risk (Moritz, 2023). Strengthen the ongoing and future training of police, the judiciary, and legal sector workers with more rehabilitation-oriented concepts rather than punitive ones. Design a national package for the implementation of MACR by all the jurisdictions that will be adopted from the best practices tapped from the international world (McNamara et al., 2018). The government needs to engage in the constant check and review process to evaluate the success or otherwise of the amendment; it should also embrace evidence-based approaches to future youth justice reform.
Conclusion
Increasing the minimum age of criminal responsibility from 10 to 14 years is a monumental leap toward a fairer and more specific youth justice system. This amendment targets Indigenous and other disadvantaged children, is in compliance with international concerns and will prevent an undesirable long-term for young offenders. When this is done with the right backup structures and an assessment over time, it will go a long way in making the system for dealing with the youths in question fairer and more efficient.
Are you struggling to keep up with the demands of your academic journey? Don't worry, we've got your back!
Exam Question Bank is your trusted partner in achieving academic excellence for all kind of technical and non-technical subjects. Our comprehensive range of academic services is designed to cater to students at every level. Whether you're a high school student, a college undergraduate, or pursuing advanced studies, we have the expertise and resources to support you.
To connect with expert and ask your query click here Exam Question Bank
