Is a 10-year-old too young to be held criminally responsible? | BTN High
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- Опубліковано 28 вер 2024
- In Australia, 10 is the age that someone can be held responsible for a crime and be locked up. Find out about how Australia compares to the rest of the world, and the ongoing debate about whether to raise the age. #raisetheage
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Just locking them up in a cell is delaying the problem until they get out. You can't just ignore them, let them get away with it, and wait for them to escalate, before you intervene either.
Agreed. Should ship them off to an island where we don't have to deal with them.
The section highlight in yellow in the video said in relation to children over 10 and under 14, the prosecution has to convince the court beyond reasonable doubt that the child was capable of forming criminal intent.
The onus of proof is on the prosecution to prove beyond a reasonable doubt that the child could form a criminal intention.
Having done that, only then can the prosecution move on to convincing the court that the child did, in fact, actually have (beyond a reasonable doubt) form criminal intent.
Again, the onus of proof is on prosecution.
And then having done both of the above, the prosecution then is required to prove beyond a reasonable doubt that the child actually carried out the criminal activities.
I am not sure that the reporter highlight the steps required, especially in relation to Indigenous children given the level alcohol abuse, lack of adequate schooling, poor parenting etc.
I would have thought non-Indigenous children would be held to a higher standard at a younger age, given the absolute appalling social/economic development of Australia's Indigenous communities.
Interesting. How about following this:
Article 18 (parental responsibilities
and state assistance)
Both parents share responsibility for
bringing up their child
In other words, hold the parents responsible, and lock one of them up when their child breaks the law. Preferably not the one that in many cases is not even allowed to end an unwanted pregnancy...
Responsibility does not mean you bear criminal liability, that would be stupid if your kid does something bad and you also have to serve the term.
It's 56% not 65% (according to AIHW). Still not good, but inflating the stats is not helpful. As long as the government compensates the victims of crimes committed by these children, I'm all for them being 'rehabilitated'.
Woah.. 10 is super little
Is a 10-year-old too young to be held criminally responsible? Of course!
In this day and age, unlike children of the past ages, modern children have no experience of adult life, so they cannot be held responsible as an adult.
Therefore those who ''sin'' against the rules need to be educated. All jail would do is make them better at criminality.
.
Yeah. Should be raised to 15
The Victorians considered the ''age of reason'' to be 21, when one could be considered an adult.
Politicians reduced it to 18 in the hopes of more votes for themselves.
It should be whatever is regarded as the 'age of consent' as an adult.
@@Unbreakable245
Lock em up
No the parents need to be charged. If no parents. They go to boys home and put to work to learn responsibilities
Why the hell would charge the parents for a crime they did not commit?
We will always have crime. We will always have poor people as long as money controls the world. We will always have disadvantaged people doing the wrong thing. But one thing is for certain, everyone needs to be accountable and responsible for their actions. People with shi.t lives will do shi.t things. Fixing the problem starts at home, but how do you fix the problem without getting rid of the parents brought up in hate and without showering them with government money.
It's not always the poor people. There are countries where there are poor people but crime is relatively low. A homogeneous or social connected society are one of the main factors in crime rates.
Ordinarily 10 would be too young. But the problem is they're committing the crimes of adults, so I think something needs to be done.
Yeah just like the US, give children of 12 years old life in prison when they commit murder. Ridiculous.
STOP ADULTIFYING MINORS ONLY PEDOS DO THAT
Cant be thinking to hard. How about dont lock kids up?
@@NathanCroucher Wow! Such a simple answer! You should be prime minister with all your wonderful solutions!
@@roryl Step up from the last guy, the one who thinks god chose him.
10 is fine. At 10 you can tell the difference between right and wrong. There’s no excuse.
Wake up to yourself
If you are 10 and committing crimes, you need help not a criminal record.
My thoughts exactly
Raise the age to 15
Depends. I reckon for petty offences those of 10 years old shouldn’t be held accountable. However for crimes like robbery or murder then yes.
And then what? Give 12yo life in prison? Like AMERICAAA F YEAHHH
@@Holland1994D intentional murder isn’t a crime that can be taken lightly. Yes obviously seperate standards of sentencing could be adopted to ease the extent of punishment. However there does need to be some level of retribution for a murder conviction and I don’t think any less than a custodial sentence would fulfil this.
@@aussiegod4269Children under 15 should never be sentenced to prison. Not even for murder. There should be lots of therapy of course but the focus should be helping the child, not punishing the child. I know that murder is a serious crime but a child is still a child. They do not have the mentality that an adult does.
No that sounds about right
In some ancient cultures, parents could be held criminally liable for the crimes of small children.
In most societies that still holds true, more as in the civil damages side than criminal obviously.
Depends on whether the child is prrsenting a threat to society. In such a case I consider it reasonable to lock it up. But in all other cases it is probably better for the society to work with the child
Oh yes they are too young to be held criminally responsible. They cannot grasp the extent of their actions like a 15 year old. I think studies show that we should raise the age of criminal responsibility. Of course there should be intervention avaliable to children under the age of criminal responsibility accused of crimes, it is just that i don't think 10 year olds should be sent to prison!
It is not intuitively obvious to me that something magical happens at the stoke of midnight that enables a child to understand criminal intent.
I would have thought that arbitrary demarcation by age would be somewhat problematic as a determinant as to whether or not a person's cognitive ability had reach a stage to determine criminal intent.
However, apparently that is the best practice.
I would have thought the best practice would be to require the prosecution to convince the court, beyond reasonable doubt, that the person was capable of forming criminal intent.
Ie take the requirement that exists for children between 10 and 14 and apply to all persons.
However, I can see why people want to apply a black and white law regardless of the equity outcome and not treating a person as individual.
Society has definitely moved away from rights pertaining to individuals and attributing rights to categories of people.
In this case under 14 and 14 and over.
Do an adult crime, do the adult time...
Depends on the severity of the crime
No
Unless it's murder or causing serious injury then no, there should be mandatory therapy and psychiatric help.
Even if it is murder. I don't think a 10 yr old should be sent to prison
We had some 12/13 year olds assault a five year old and steal her bike. Not sure what happened after, what does the law say should happen to them if caught?
What do you think?
No fair. People should be able to seriously hurt or kill someone before facing consequences for their actions.
And it’s not just racism either. 10yo children aren’t free from your deep, ethical and empathetic attitudes towards others. Fancy that
that was before gender affirming care for now we thinking a 10 year old can decide to get gender affirming and sex surgery so that means yes a 10 can be charged as a adult cuz they old enough to go to jail see how that backfired
Dude, ten year olds are not allowed to decide to get sex reassignment surgery, or even fake breasts. That's just not a thing here, nor the US, nor the UK. We offer gender affirming care (like hormones) to lower a child's likelihood of killing themselves.
But even if that was their decision at ten years old, what a child does with their body is a completely separate conversation to what a child does that can directly negatively affect society through the breaking of laws.
What an unimaginably stupid comment, clearly just driven by spite towards trans people and desperately trying to find any way to get a slam dunk on trans people, even if it means inserting your non-factual and completely irrelevant beliefs into totally seperate conversations. Get a grip you weirdo.
They have no problem being hypocrites.
There can be leniency if the crime committed isn't too terrible. But when a 10-year-old commits murder, he should be executed like an adult.
No. There is no way a 10 year old can grasp the extent of their actions like an adult can