Should we give stricter punishment to child offenders?

The question is generally asked if imposing stricter punishments for the child offenders can be treated as an answer to juvenile crime. While there are many persons who believe that already sufficient stricter punishments are being prescribed for the child offenders, there are many who believe that stricter punishments should be introduced for the child offenders. The reasons given in favor of stricter punishment for the child offenders include:-

1. There is no doubt that strict punishment should be given to the child offenders if they have ruined the lives of another child and curtailed a budding life. In such circumstances, it is only fair that similar treatment should be given to the offenders even if they are juvenile persons. Such strict punishment will help in making sure that they do not commit the same offense again and in this way the lives of several other children will be saved. In case, strict punishment is not prescribed for the child offenders, they may be lured to do the same crime again and again without the fear of any strict punishment.

2. Particularly there are certain crimes in which we need to adopt a zero tolerance policy. For example in case of child abuse, strict punishment should be given to the perpetrators of such a crime regardless of the age of the offenders. A clear message should be given to the offenders that they will have to face prosecution like the adult offenders and the law will not show any leniency towards them due to their age. Such strict punishment will act as a deterrent for the child offenders as they will be well aware of the fact that they may have to face strict punishment for such a crime.

3. It is the responsibility of the society to ensure the protection of the children. Therefore, any person who commits a crime against children should be given strict punishment even if such a person is a juvenile offender. At present the law prescribes that if any person has committed a crime against the children, such a person may have to spend his rest of the life in prison. However this is not the case with child offenders as they cannot be sent to jail and they have to be rehabilitated and then returned to the society. However, under these circumstances, the child offenders sometimes become involved in acts that cannot be easily erased from their memory with the help of rehabilitation efforts. Therefore, strict punishment should be present for these child offenders. It can be expected that if the child offenders know that they may have to face very strict punishments, they may not get involved in such criminal behavior. For example, if the child offender is well aware of the fact that he or she may have to spend a long time in prison, it is highly likely that such a person will not engage in criminal behavior.

4. Strict punishment needs to be prescribed particularly in case of serious crimes. Although in some cases, the children may not be in a position to decide between right and wrong and therefore they may make the mistake. But when these children are involved in serious crimes, there is no doubt that they were well aware of the criminal nature of their actions. Therefore, particularly in case of serious crimes, very strict punishment should be given to the child offenders also. At the same time, in such cases the parents of these children may also have to face punishment if it is established that they failed to take steps to prevent their children from engaging in such behavior.

5. There are many persons who believe that when strict punishment is given to the child offenders, they will not commit a crime for the second time. On the other hand, if another chance is given to the child offenders, it is likely that such offenders may commit a crime once again and such a crime may be more serious than the crimes they have committed in the past. In this way, the lenient treatment towards the child offenders may embolden them to commit even more serious crime in the future. If the child offender had the maturity of planning a crime, such a person should also be ready to face the consequences of committing the crime.

6. There is also a danger that if the criminal justice system remains too lenient with the child offenders, there is a chance that they may continue with such criminal behavior after they become adults. On the other hand, if the child offenders have to face strict punishment, they may not repeat these actions because in this case they have to face a strict punishment in the past and therefore they are fully aware that the law does not condone criminal behavior in any case. There are several studies in which it has been shown that a strict punishment acts as a deterrent for the criminal behavior in future. These findings have also been confirmed by the studies that have been conducted by the behavior psychologists.

Points against strict punishment for child offenders

1. At the same time, there are many persons who believe that strict punishment should not be given to the child offenders. According to these persons, it has not been established that strict punishment always acts as a deterrent and helps in reducing crime. It also needs to be noted in this regard that most of the children who are involved in criminal behavior had troubled childhood and therefore it is very important that these children receive counseling and rehabilitation. With such efforts, the behavior of these children may be improved and it can be ensured that these children will not get involved in crime once again. Therefore, instead of strict punishment, it will be better focus on rehabilitation efforts.

2. It is the basic principle of law that strict punishment should not be given to children. The reason is that due to their age, the law considers that the children cannot fully comprehend the consequences of their actions. On the other hand, if strict punishment is given to these children, they may be labeled as criminals for the rest of their lives and in this way, a large number of children may be forced towards crime who could have become productive members of the society. Under these circumstances, a mix of strict punishment and rehabilitation efforts can prove to be highly effective in most of the cases.

3. There are several persons who believe that giving strict punishment to child offenders is not the correct approach. Instead of giving stricter punishments, the parents of the child offenders should be involved in the process of the reformation of these children. First of all, the parents should be made aware of their responsibilities towards the children. At the same time, the parents should also be made responsible for the behavior of the children by introducing punishment for the parents also if their children are involved in criminal acts. It is very important that the parents teach their children to become law abiding citizen.

Already, there are sufficiently strict punishments in place for the juvenile offenders. As a result, even for a petty crime like vandalism or drug possession, the state can control the majority of the young life of these offenders. In this way, there are already very strict punishments prescribed for simple crimes and therefore there is no need for making these punishments stricter. On the other hand, the focus should be on other methods like counseling and rehabilitation through which the rate of juvenile crime can be reduced.

4. Strict punishment cannot take the place of rehabilitation, particularly in case of the child offenders. Past experience also tells us that the introduction of stricter punishment has not been successful in decreasing the rate of crime in the society. Therefore, instead of treating the child offenders as the adult offenders and giving them equal punishments, it is more preferable to make rehabilitation efforts for these children. This will allow another chance to the child offenders to become productive members of the society.

5. Another point that is frequently given against the introduction of stricter punishments for the juvenile offenders is that there is a reason due to which the young people below a particular age have not been granted certain rights like the right to vote, the right to enter into a contract or to watch certain movies. In the same way, there is an age below which the young people are not allowed to drive. The reason is that it is considered that below that age, the person has not achieved physical as well as mental maturity. Due to this reason, these persons may also be easily influenced and commit crimes. In this way, instead of keeping these young persons in prison, it is better to try to amend the behavior of these young people. In this way, it is more likely that they will not become involved in crime once again. It is very important to give a chance to the children to develop because the future of the society depends on the children.

6. It also needs to be noted that even if they have committed a crime, the juvenile offenders are also children. It is widely recognized that instead of punishing strictly, the children have to be guided properly. If they are treated harshly, it is likely that after growing up, these children may turn into hardened criminals. Therefore, depending upon the seriousness of the crime committed by the child offenders, they should be treated as gently as possible. For example, if the crime committed by them requires that they have to be detained, they should be kept at the place that is healthy for them and at the same time, counseling should also be provided to these children. In the past, a large number of child offenders have decided to amend their ways and become good citizens as a result of these efforts.