Crime and Punishment:Juvenile Crime

By: Chan Jun Da (02)Ethan Lee (04)Ng Hock Lam (10)Oh Jianyong (11)Edwin Tan(16)

Content

Research Case Studies

Murder of James Bulger 2012 Delhi Gangrape

Conclusion

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

Case Studies

Murder of James Bulger

Content

Details of the Case Sentencing Appeal Aftermath Implications Arguments Recommendation

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

2012 Delhi Rape

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

Conclusion

Analysis and Recommendations

How Some Children Played at Slaughtering

Grimm Brother’s

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