Children and teenagers are still in a developmental state emotionally and neurologically; these individuals tend to exhibit impulsive tendencies, do not often have fully formed insights on consequences as adults would do, are susceptible to the influences of peers and family etc. While these issues do not excuse criminal behaviour particularly where victims are severely impacted or harmed by their actions; however, a young person committing an offence rather than an adult would often display a higher level of corrigibility.
Nevertheless, not treating the young offender as seriously as you would an adult can also pose its own set of dilemmas. Should young people genuinely believe that age automatically renders them unassailable from severe punishment for heinous crimes, some may be led to believe that such consequences need to be taken less seriously due to perceived immunity leading to less respect for the law, thereby creating potential danger for everyone in society including greater injustice where victims are harmed.
I believe it is best to evaluate each case individually based on its unique circumstances; a young adolescent who committed a relatively minor transgression should not be treated exactly as the one who deliberately commits a particularly gruesome and violent act. The juvenile courts should factor in the perpetrator’s age, level of maturity, socio-cultural background, intention with regard to the offense, juvenile record, and seriousness of the offense itself; a more serious punishment may be needed for heinous offenses, but this does not negate the need to ensure proper rehabilitation is included in any sentence.
Justice should consist not solely of inflicting punishment upon a young wrongdoer, but also of striving to prevent further delinquency. Children must be provided with an avenue for becoming upstanding adults. Rehabilitation with the aid of counseling and suitable punitive practices can prove successful in both regards, particularly for extremely difficult juvenile cases. Being a child does not release an individual from having responsibilities toward the community; conversely, youth often presents potentiality for positive transformation, for which justice does not deny offenders the opportunity.
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