I have a question regarding the youth criminal justice system. Do we treat youth differently because they may not be capable of fully understanding the law or their culpability or perhaps because they simply are not as capable of criminal intent as an adult?
I would agree that children under a certain age are not capable of understanding the consequences of their actions and that as children get older we can, and should, apply more responsibility for their actions. We say that once a child reaches eighteen years of age they are capable of taking full responsibility for their actions.
It seems reasonable that taking a teenager and putting him or her in prison with adults is a bad idea. I would agree that most young offenders have a greater chance of rehabilitation, as well. So coupling diminished capacity with lesser or alternate sentencing makes sense.
Where I grow concerned is when an adult is charged under the YCJA for crimes committed when they were underage. If a child is considered less culpable because they cannot fully understand their crime why do we not expect that child, when they reach an age where they do understand the consequences of their actions, to reflect on their crime and act in a manner consistent with that greater understanding?
To me, when a child becomes an adult there should be a limit on how long they have to come forward and accept responsibility for their actions. For serious crimes such as murder, sexual assault, or crimes involving violence or threats with weapons I think an adult should make the choice to come forward and deal with their actions. If they fail to accept, as an adult, that their actions as a child require some justice then I would put to you that an adult has made a decision and that they should be held to an adult standard.
Simply put, when a 35 year old man has his name protected and is prosecuted as if he were still a minor simply because the crimes were committed when he was a minor, I feel justice is perverted. What adult does not know that their actions as a minor were wrong?
I believe parliament should amend the YCJA or its successor legislation requiring adults who have committed serious offences as minors to come forward by their 22nd birthday and take responsibility for those actions. If they fail to do so parliament should ensure that the law treats these people as the adults they are and require that they accept the consequences of their adult decisions. I think four years is enough to reasonably reflect on one’s actions as a child.
