Wednesday, May 18, 2011

Should there be tougher laws for criminal minors?

This is my second article, written May 16, 2011 and went live May 18, 2011. This one relies heavily on personal opinion so I'd love to hear some

The Canadian law says that children under 12 years-old cannot be prosecuted for the act of _Mens Rea_, Latin for "guilty mind". In other words, they cannot be prosecuted because they don't know right from wrong.

Personally, I believe this should not apply in all cases. Obviously not ever minor is alike, and some are bound to know right from wrong. Myself, I knew right from wrong before I was 12. I knew that theft was wrong but I did it anyway - although it was Rice Krispies Squares in primary school, but wrong nonetheless. I know that I'm just one person and can't speak for anyone else, but I feel it is important to recognise that some minors know that stealing, bullying and sometimes even murder are wrong, and could have a guilty mind when carrying out those actions.

In my law class in high school we watched a film of an 11 year-old child who was committing numerous crimes, including theft, breaking and entering, drug use, bullying and assault with a deadly weapon (a revolver). In the film he says "They can't touch us, we're under 12" clearly indicating that he knows he's doing wrong, and he knows that he won't get into trouble because the law says he can't be prosecuted. I know it's just a movie, but it is based on a true story and I suspect there is some truth in it.

Mary Bell was a child killer. She, along with a friend, killed another child by strangulation when she was 10 years-old. They then broke into a nursery leaving notes claiming responsibility, but police passed it off as a prank. The second murder occurred when Bell was 11 years-old, again by strangulation, but she also used razors and scissors to mutilate the body. She was finally arrested a few months later and sentenced to an indefinite sentence of imprisonment for psychopathy and was released after 12 years.

What I would like to know is why so soon? She was diagnosed as showing "classic symptoms of psychopathy" and being a high risk to other children. Did she grow out of it at 23? It shows why we need tougher laws, because if a child kills two people and the law says we need to let them go, then something is obviously wrong.

Willie Bosket, who murdered in the 1970s while a minor, knew that the law would prevent his punishment. It was his crimes that changed laws in New York, meaning that children as young as 13 years-old could be charged in adult courts.

You know now that I think that, under certain circumstances, a child should be held responsible for _actus reas_ (the guilty act) along with _mens rea_, but what is your take on the situation? Are the laws fine the way they are? Are they too strict, or not strict enough?

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