Criminal responsibility

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Dreamweaver
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Criminal responsibility

Post by Dreamweaver »

The present age for criminal responsibility in Australia is at 10 years old.
There is a proposal to make it 14.
What do you think?

https://www.abc.net.au/news/2020-07-27/ ... a/12483178
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Perrorist
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Re: Criminal responsibility

Post by Perrorist »

I think 10 years is way too young. If that had applied in my day, I would have been locked up for a long time.

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Warrigal
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Re: Criminal responsibility

Post by Warrigal »

The science supports this and 14-17 year olds should be tried as juveniles.
Last edited by Warrigal on 11 Sep 2020, 06:21, edited 1 time in total.
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Dreamweaver
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Re: Criminal responsibility

Post by Dreamweaver »

It amazed me, shocked me I should say, to think in 2020 the minimum age of criminal responsibility in Australia is 10. Is that a remnant of ancient law still hanging on, or is it a backward step more recently taken?
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Warrigal
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Re: Criminal responsibility

Post by Warrigal »

10 is supposedly the age of reason when a person is considered to know right from wrong and to understand the consequences of their actions. It has been the underpinning of British law as long as I can remember, in my lifetime. The only concession to the child was to be tried in the children's court rather than as an adult.
The law is most often about order, but order without justice is tyranny. - Fr Rod Bower

mavisbramston
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Re: Criminal responsibility

Post by mavisbramston »

I differ from many on this.
I think many young offenders know they can get away with it.
I believe age should be taken into account but there needs to be some kind of punishment. We are too lenient.
I really believe most ten year olds etc know exactly what they are doing.
The cruelty they inflict on animals needs to be more closely monitored.
Teenage boys in gangs have been brutal to women and gays.
The growing right wing youth scares me.
They are NOT young confused kids.
They are educated thugs.
Last edited by mavisbramston on 17 Sep 2020, 09:51, edited 1 time in total.

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Perrorist
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Re: Criminal responsibility

Post by Perrorist »

I'm not against punishment, just treating kids as if they were adults. Hauling them before courts isn't exactly remedial.

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Slapsy
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Re: Criminal responsibility

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I agree with Mavis. There certainly needs to be some form of punishment,otherwise,how will they ever learn that they have done something that is unacceptable to the rest of society. Maybe,the parents of these juveniles need to accept more responsibility for their wrongdoings.
The punters know that the horse called Morality rarely gets past the post,whereas the nag called Self-interest always runs a good race. ..... Gough Whitlam 19/10/89

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Re: Criminal responsibility

Post by Dreamweaver »

Children's Court of Victoria
Sentencing
In sentencing adults, Victorian courts are required to focus on the objectives of punishment and deterrence as well as rehabilitation. However, in sentencing juveniles the primary goal of the Children, Youth and Families Act 2005 is the rehabilitation of young offenders.

If the court finds a young person guilty of an offence, the court may:

without conviction, dismiss the charge
without conviction, dismiss the charge and order the young person to give an undertaking
without conviction, order the young person to give an accountable undertaking
without conviction, place the child on a good behaviour bond
with or without conviction, impose a fine
with or without conviction, place the child on probation
with or without conviction, release the child on a youth supervision order
convict the child and make a youth attendance order
convict the child and order that the child be detained in a youth residential centre, or
convict the child and order that the child be detained in a youth justice centre.
On finding a young person guilty of an offence, the court must consider what penalty to impose as an appropriate sentence for committing the offence. In making this decision the court may consider:

whether the child has been found guilty of any offence in the past
any report, submission or evidence given on behalf of the child
any victim impact statement
and must consider:

the child’s family relationship
the contents of any other report requested by the court
the suitability of the sentence to the child
the need to protect the community.
Young people on community-based orders and in custody are supervised by Youth Justice staff of the Department of Health & Human Services.

Deferral of Sentencing

If the court considers that it is in the best interests of the child to defer sentencing, it may do so for a period of up to four months. The case is adjourned to a fixed date and a pre-sentence report or further pre-sentence report may be called for. The period of deferral is usually ordered to allow the young person to take steps to address the issues that led to their offending behaviour. The court may also defer sentencing to allow the young person to participate in a group conference. The court will sentence the young person at the end of the deferral period taking into account any progress the young person may have made during that time.
https://www.childrenscourt.vic.gov.au/j ... sentencing
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Slapsy
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Re: Criminal responsibility

Post by Slapsy »

Wow!! ,, By the time the judge/magistrate got to the end of that list he/she would be exhausted.
Why not make it a simple process. They have any previous record in front of them,so act on that,not on a list of possibilities. I can accept first offences being dismissed without charge,but after that,unless controlled properly,these kids can get out of control. A night in a properly controlled lockup is probably all some of them need. It certainly worked with my eldest son,and he was only there 10 minutes. The younger 2 were proper angels after,too. They were the actual culprits too,but could run faster than their big brother.
The punters know that the horse called Morality rarely gets past the post,whereas the nag called Self-interest always runs a good race. ..... Gough Whitlam 19/10/89

hawkeye
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Re: Criminal responsibility

Post by hawkeye »

I thought the age of accountability in usa was twelve years old
but I may have gotten that in church. Ten years old seems too
young certainly for a first offence anything. Fourteen seems
more realistic under law, it would seem.

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