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The age of criminal responsibility: developmental science and human rights perspectives

The age of criminal responsibility: developmental science and human rights perspectives Purpose – The minimum age of criminal responsibility (MACR) was set at ten years old in 1963. Since then a deeper appreciation of children's rights and understanding of their unique capabilities and experiences has been gained. This paper seeks to examine the implications of these developments for our understanding of this MACR. Design/methodology/approach – Research is reviewed that illuminates questions about children's culpability, their competence to participate in the criminal justice system (CJS) and the consequences of criminalising them at a young age. Recent understandings of how children's rights apply to the MACR are also summarised. Findings – Developmental science and human rights perspectives are inconsistent with a MACR no younger than 12 years. Originality/value – The paper is one of the first to extensively apply developmental science research to the MACR. The author finds that although a just and rehabilitative CJS may be achievable in the case of most adolescent defendants, this is an unrealistic goal for younger children who instead require a welfare‐based system that addresses underlying causes of antisocial behaviour, facilitates accountability and ensures child protection. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Children s Services Emerald Publishing

The age of criminal responsibility: developmental science and human rights perspectives

Journal of Children s Services , Volume 6 (2): 10 – Jun 17, 2011

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References (62)

Publisher
Emerald Publishing
Copyright
Copyright © 2011 Emerald Group Publishing Limited. All rights reserved.
ISSN
1746-6660
DOI
10.1108/17466661111149385
Publisher site
See Article on Publisher Site

Abstract

Purpose – The minimum age of criminal responsibility (MACR) was set at ten years old in 1963. Since then a deeper appreciation of children's rights and understanding of their unique capabilities and experiences has been gained. This paper seeks to examine the implications of these developments for our understanding of this MACR. Design/methodology/approach – Research is reviewed that illuminates questions about children's culpability, their competence to participate in the criminal justice system (CJS) and the consequences of criminalising them at a young age. Recent understandings of how children's rights apply to the MACR are also summarised. Findings – Developmental science and human rights perspectives are inconsistent with a MACR no younger than 12 years. Originality/value – The paper is one of the first to extensively apply developmental science research to the MACR. The author finds that although a just and rehabilitative CJS may be achievable in the case of most adolescent defendants, this is an unrealistic goal for younger children who instead require a welfare‐based system that addresses underlying causes of antisocial behaviour, facilitates accountability and ensures child protection.

Journal

Journal of Children s ServicesEmerald Publishing

Published: Jun 17, 2011

Keywords: Criminal justice; Human rights; Youth

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