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Old June 13th, 2008, 12:55 PM
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Jim O Jim O is online now
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Re: English Justice? - Or lack of it?

Again, my issue is not so much with this case. As a man I have no sympathy for the "rights" of these two now young men. As a father I am outraged by their crime. In fact "outrage" doesn't even begin to describe how I feel. I can find no argument for anything that you say.

My problem lies in the practical aspects of law that arise from a case like this. Trying to be dispassionate about the issues, which is not easy given the emotions involved, the question still arises as to how do we, as a society, create laws that deal with circumstances such as this without trampling the potential of some juvenile offenders to reform themselves. I know that I would not want to be hounded today for my childhood actions, some of which might have risen to the level of criminal were I an adult at the time and had I been caught. It's a safe bet that there are many "upstanding citizens" who would similarly not want to be judged by childhood indiscretions. So therefore laws are created to allow minors to get a "second chance". Many youthful offenders do offend again, but many do not. Some go on to be doctors and lawyers and maybe even lawmakers.

Separate is the practical issue of holding one accountable for his or her actions. Most civilized nations recognize the concept of "diminished capacity" in one form or another. In the US, for instance, where capital punishment is alive and well, the Supreme Court has found it to be unconstitutional to execute criminals who are mentally retarded (Atkins v. Virginia - 2002) and also those who were under the age of 18 at the time that the crime was committed (Roper v. Simmons - 2005). Despite that, such criminals can receive the maximum prison sentences allowed by law, and so mentally retarded inmates and those under 18 can receive a life sentence without the possibility of parole (LWOP). Even then, I do not believe that there is any state in our punishment driven society where a 10 year old can be treated as an adult. What I conclude from this is that most lawmakers and judges believe that a child under a certain age clearly suffers from "diminished capacity" (not to mention lack of impulse control) and needs to be dealt with differently. That a few really evil children will slip through the cracks and commit more heinous crimes in the future is the price that society has chosen to pay so that those with more potential to reform themselves are allowed to do just that.

The alternative is a criminal justice system like that of Iran where two boys were hanged in 2005 for allegedly committing homosexual acts. Under the Iranian penal code, girls as young as nine and boys as young as 15 can be hanged.

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Last edited by Jim O; June 13th, 2008 at 01:45 PM. Reason: typo
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