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Canadian Law: Issues in Criminal Law December 20, 2016
Children under twelve are not held criminally responsible for the crimes they commit, no matter how severe.
Under the Youth Criminal Justice Act, if an individual under twelve commits a crime, they cannot be charged or detained. Although it would not be right to imprison a young child for the rest of their life, it is wrong that they are not punished or put in a secure facility.
The Legal Rights For Youth website states that individuals from the ages of twelve to seventeen can be put in juvenile detention centres. This means that if a child is under twelve, nothing can happen to them besides possibly being put into child welfare or getting mental health treatment. They cannot be punished, put away for any time, and they do not have to go to court.
Children under twelve are not held criminally responsible for the crimes they commit, no matter how severe.
Under the Youth Criminal Justice Act, if an individual under twelve commits a crime, they cannot be charged or detained. Although it would not be right to imprison a young child for the rest of their life, it is wrong that they are not punished or put in a secure facility.
The Legal Rights For Youth website states that individuals from the ages of twelve to seventeen can be put in juvenile detention centres. This means that if a child is under twelve, nothing can happen to them besides possibly being put into child welfare or getting mental health treatment. They cannot be punished, put away for any time, and they do not have to go to court.
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Children under twelve should not be able to get away with any crime because they can do just as much harm as an adult can. An article by CBC News in August of 2016 talks about a boy in Winnipeg who has already been repeatedly involved in theft, arson, break-ins, and a stabbing. Since he was five years old he has been committing these crimes and he is not yet 12 so nothing can happen to him. Police have stated that this young boy’s parents have also been involved in crimes and spent time behind bars. As a result of this, he should be going to a school, or even put away for a short time as it would be more beneficial to be taught or counselled by adults who have not committed crimes. If a child under twelve is committing adult crimes, they should be punished in some way.
Angela Oswalt, a social worker from a mental health centre in Texas, states that, “The ability to discern right from wrong and consciously choose positive behaviours and actions is the crux of morality.” A child’s ability to think positively and choose the right path is very dependent on their parents, hence the reason children that are under the age of twelve who are committing these offences, need proper care and punishment.
Angela Oswalt, a social worker from a mental health centre in Texas, states that, “The ability to discern right from wrong and consciously choose positive behaviours and actions is the crux of morality.” A child’s ability to think positively and choose the right path is very dependent on their parents, hence the reason children that are under the age of twelve who are committing these offences, need proper care and punishment.
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Section 13 in the Criminal Code of Canada states that “no person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve years.” This means that no child under twelve will be held criminally responsible for the crimes they commit. Having this as part of the criminal code and applying it to children under twelve may suggest to the victim that the hurt they are experiencing does not matter as much as the victim who may have been hurt by an adult.
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Statistics, data, and news articles say that a brain is not even fully developed when you’re 18. Dr. Sandra Aamodt, in an interview with www.npr.org, states that, “neuroscientists have caught up and brain scans show clearly that the brain is not fully finished developing until about age 25.” So who is to say that at the age of 12, a significant change happens and a child can now be punished for what they’ve done? A human brain does not magically make a switch to make a person more rational or mature.
Children under twelve or older than twelve should all be punished to some sort of degree for the things they have done and they hurt they have caused. It is not fair to society, the victim, or the victim’s family if the child that has committed the crime is not punished at all.
Children under twelve or older than twelve should all be punished to some sort of degree for the things they have done and they hurt they have caused. It is not fair to society, the victim, or the victim’s family if the child that has committed the crime is not punished at all.