Crime and Punishment:Juvenile Crime
By: Chan Jun Da (02)Ethan Lee (04)Ng Hock Lam (10)Oh Jianyong (11)Edwin Tan(16)
Jurisdiction of the Juvenile Court Deals with offences committed by
persons below 16 years of age in Singapore
Deals with offences committed by persons below 17/18 years of age in USA (most states)
Cannot imprison the child (7-14), cannot imprison a young person (14-16), unless the court certifies so
Philosophy of the Restorative Model Programmes with an emphasis to re-
integrate the juvenile back to his or her family and community
Holistic approach rehabilitation Teach juvenile delinquents basic life
skills and increase their employability without resorting to crime
Educate the general public and community on the pertinent issues to reduce juvenile delinquency
Procedures and Powers
Primary principle of sentencing is the welfare/what is best for the child, with rehabilitation as the emphasis
Sentences for a juvenile offender include Committing offender to the care of a relative
or fit person Community service Probation Detention Reformative training
Restorative Programmes associated with the Juvenile Court
Youth Family Care Programme Supervision of juvenile delinquents from
dysfunctional family by volunteer Mentor Families
Streetwise Programme 6 month programme to change the
behaviour of youths who drift into gangs through counselling, family conferencing, peer support, recreation and academic activities
Singapore’s Penal Code on related crimes For example, between the sentence
for the first offence for an adult and a juvenile
Qualitative(Juvenile) Imprisonment vs Boys Home
Quantitative(Adult) Lesser imprisonment period
Details of the case
12 February 1993 2 culprits, aged 10, Jon Venables and
Robert Thompson Victim, aged 2, James Bulger
They brought him on a 2.5 mile to a disused railway station near a railway track, where they begin torturing him
Details of the case
Tortured him by Throwing paint in his eye Kicking and stomping on him Throwing bricks and stones at him Placing batteries in his mouth
Finally, a 10 kg iron bar was dropped on him, causing 10 skull fractures
Details of the case
The boys placed his dead body on the railway tracks
Body was cut in half by oncoming train
Forensic pathologist revealed that James died before being cut in half by the train, sparking a manhunt for the 2 boys
Sentencing
Judge told the boys they had committed an act of “unparalleled evil and barbarity… In my judgment, your conduct was both cunning and very wicked”
Sentenced to be detained at Her Majesty’s pleasure
Recommended for a minimum of 8 years, then increased to 10 years.
Sentencing
A 280,000 signature petition was sent to Home Secretary Michael Howard, prompting him to the minimum sentence to 15 years
This action was condemned by Lord Donaldson, a senior British Judge, prompting the House of Lords to overturn the increased minimum term
The overturning resulted in moral panic in Britain
Appeal
1999, lawyers for Thompson and Venables appealed against the sentence
The court agreed that the hearing was unfair and they reduced it back to 10 years
New Lord Chief Justice brought it back to 8 years
Aftermath
$1 million dollars spent on changing the name of Jon Venables to protect his identity. $250,000 dollars in admin fee per name change and a total of 4 name changes
Rearrested in 2010, 17 years after the murder for reentering Liverpool, violating the terms of his parole, and possession of child pornography
Implications
Ralph Bulger, father of James Bulger split from his wife Denis Fergus
They had so much grief that they could not comfort each other after their 2 year old son was killed
Ralph Bulger also developed a drinking problem
Implications
In response to Jon Venable’s rearrest, Diane Fergus, mother of James Bulger said, “People say children are not born evil, but I personally believe he was, given what he did and what they found on his computer”… “He was given a chance with his release, and he blew that second chance”
Rationale for the punishment Lighter punishment on the
assumption that the behavior of juveniles are more malleable
Deterrence seen as the successful outcome of adult punishment, but reintegration for juveniles
Assumption of external factors that influenced the crime committed
“No child is born evil”
Arguments (For Harsher Penalty) They were of rational mindset when
they committed the crime They have to pay the price for their
actions The crimes committed were not
crimes of passion, they were committed due to morbid fascination
Arguments (Against Harsher Penalty) Crime of ignorance Life imprisonment would have a
heavier impact on them due to their youth
Everyone should get a second chance in life
Adult parallel
Subhan Anwar, 25, tortured and murdered his lover’s daughter, 2.
Jailed for 23 years in 2009, murdered by fellow inmates in 2013
Content
Details Sentence Fairness of sentence Victims Point of View Contrast with other cases Argument on Punishment Recommendation
Details
December 2012 In a moving bus in Delhi 6 culprits
5 men, aged between 19 and 34 1 man aged 18
2 victims A 23 year old female Her male friend (Unimportant)
Details
The culprits gang-raped the woman beat her male friend threw both victims off the moving bus tried to drive the bus over the victims
The woman died from her injuries thirteen days later while undergoing emergency treatment in Singapore
Details
Medical reports later said that the woman suffered serious injuries to her abdomen, intestines and genitals due to the assault
Doctors suspect an iron rod may have been used for penetration
Sentence given to adults
On 10 September 2013, the four adult culprits were found guilty of rape and murder sentenced to death by hanging
Sentence given to juvenile On 8 July 2013, the juvenile was
convicted of rape and murder given the maximum sentence of three
years imprisonment in a reform facility inclusive of the eight months he spent in
remand during the trial
Fairness of sentence
The Delhi Police described the juvenile as the most brutal of the six accused Yet he got off with the lightest sentence
A petition seeking the prosecution of the minor as an adult because of the ghastly nature of his alleged crime was rejected
Judge rejected pleas for a lesser sentence saying the case has “shocked the collective conscience of India”
Reasons for sentence
Three years not a punishment but time given to the government to reform a child
Considers the seriousness of situation of the child His family is among the poorest in the
village with a mentally disabled father Sent to the city to work alone Possibly fell into bad company in Delhi
Victim’s Point of View
“Today, we have everything, but yet nothing. Without our daughter our world has turned colourless“
The parents petitioned for the minor to be tried by a criminal court Instead of a Juvenile Justice Board Petition was rejected
Contrast with other cases Mehtab and Sushil alias Bhoora,
plead guilty to the gangrape and murder of a 60 year old woman in India in December, 2012
Sentenced to death in January 2014
Argument on Punishment(Harsher) Increase in juvenile crime in India
between 2001 and 2010 Mental age should be used against
physical age Campaign underway to allow trial
judges to try juveniles as adults or define youths above 16 as adults for serious crimes (This crime sped up the process of it coming into play)
Argument on Punishment(Against) Many juvenile offenders come from
poor family and will be unable to defend themselves (refer to DMW)
No inadequate protection for the children in jail may result in abuse by adult inmates
About 2/3 juvenile offenders turn over a new leaf and do not reoffend
Analysis on Juvenile Crimes Lighter sentences in courts are
usually with the assumption of the juvenile having lesser informed malicious intent when committing the crime
Heavy emphasis placed on the reintegration of the juvenile back into society after serving their sentence
Assumption of Lesser Informed Malicious Intent Crimes commited:
In morbid fascination/sociopathy Under the influence of others/immaturity Crime of passion
Overall assumption of the innocence of the child
Recommendations
We recommend that juveniles be given a second chance due to their malleable behaviour and potential
However, sentencing should take the mental age of the juvenile instead of physical age into account
Consideration: Mental age cannot be measured
Recommendations (Basis) 3-strikes Law, used in some states in America Mandates courts to impose harsher
sentences on habitual offenders Usually calls for life sentences without
possibility of release for at least 25 years on their third strike
Suitable for usage on the minors as it provides them with a second and third chance, without sacrificing harsh punishment to be meted out
Recommendations However, the 3 strikes law may not be fully
applicable as the juvenile may not be of age for subsequent offences or due to the severity of the crime
Thus, we recommend a “2-strike” law for juveniles
Furthermore, we recommend that severity and involvement in the crime be taken into account in making the child stand trial in the adult court
Definition of severe crimes being crimes that directly harm other members of society