Child imprisonment
Encyclopedia
Child imprisonment is a concept in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 where people are considered not old enough to be held responsible for their criminal acts. The age which a juvenile is considered an adult for criminal prosecutions is referred to as the "age of infancy." In most jurisdictions in the US, the age of infancy is generally 18 years old; however, age can vary by jurisdiction (such as the state of Michigan where the age is 17). In England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, the age is much younger (10 years). The main problem that most countries are having, is whether children should be punished as an adult for crimes committed as a juvenile; or, if special treatment is a better solution for the offender.

Juvenile Courts

A juvenile court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...

 is a court of special jurisdiction charged with adjudicating cases involving crimes committed by those who have not yet reached the age of infancy. If convicted in a juvenile court, the offender is found "responsible" for their actions as opposed to "guilty" for a criminal offense.

Pro

  • Rehabilitation (counseling and psychiatric treatment) is a soft option that will make children believe that they are spending short periods of time in a holiday camp. In the US, more than half the boys who were put under counseling orders after offences rather than under detention ended up re-offending during the period they were undergoing counseling. It is better if whatever rehabilitation program is planned takes place in some sort of detention facility. They can still be separated from hardened adult criminals, but that does not mean they should not be detained for similar periods of time .

Con

  • Child crime is different from adult crime in that the offenders are, in most legal systems, not deemed to be fully conscious moral individuals. As such, the best way to deal with them is through rehabilitation rather than punishment .

  • The only long term solution to juvenile crime is reform of the child. Children are more susceptible to reform and the rate of recalcitrance for child offenders under counseling in the US is significantly lower than that of adult offenders. Even if some end up re-offending, it does mean that just under half of those who had been given the chance to return to normal life took up that chance and did not re-offend. Putting them in a prison, and even worst with adult offenders is likely to increase the chance of recalcitrance because they will be in the same environment as other offenders who will be a negative influence on them .

Denmark

Before July 1, 2010 as child has to be 15 year old to be charged with a crime. The maximum penalty regardless of the type of crime committed was 8 years imprisonment. After July 1, 2010 the age limit will be 14 years. The limit of 8 years imprisonment will be lifted. They can not be sentenced to life without paraole. Children aged between 12 and 14 will not be allowed legal defense but can be ordered to wear an ankle monitor
Ankle monitor
An ankle monitor is a device that individuals under house arrest are often required to wear. At timed intervals, the ankle monitor sends a radio frequency signal containing location and other information to a receiver. If an offender moves outside of an allowed range, the police will be notified...

 by the social services .

United States

  • Connecticut
    Connecticut
    Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

      - 16 years
  • Illinois
    Illinois
    Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...

      - 17 years
  • Indiana
    Indiana
    Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...

     - 18 years
  • Michigan
    Michigan
    Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

     - 17 years
  • New York
    New York
    New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

      - 16 years
  • North Carolina
    North Carolina
    North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

      - 16 years
  • Washington - Varies depending on the severity of the crime
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