In Australia, the age for sexual consent, holding a driver's licence and legally consuming alcohol are all higher than the age of criminal responsibility, that is, the age at which children are held criminally responsible for their actions. In Australia, this age is 10; however, the UNCRC considers any age of criminal responsibility below 12 as unacceptable. Given this fact, is there an argument for raising the legal age of criminal responsibility?
by Lori Fulton
1. Discuss other countries legal age of criminal responsibility (and evidence to support reasoning?)
2. Discuss professionals (eg. psychologists, criminologists) view on appropriateness of age and criminal responsibility - supporting studies/evidence to back it up - pro or neg?
3. Discuss possible consequences of raising legal criminal responsibility age - will we have 10 year olds committing crimes knowing they will get away with it?
4. If argument is to be given due to legal age for drinking, driving and consensual sex - what are the reasons and examples of why the legal age is what it is for these instances (eg. legal age for drinking is due to potential health risks)
4.1. Should perhaps these ages be lowered rather that the legal criminal age be made higher?
5. Discuss previous cases of young children committing crimes and the outcome - did they seem criminally responsible, were they punished as such, what were the professionals opinions (can be pro or neg)?
5.1. Have offenders reoffended as punishment wasn't harsh enough due to age?
5.2. Example: James Bulger case (two ten year old boys torture and kill toddler)
6. Discuss UNCRC (views on criminal age responsibility and their evidence to support)
7. Discuss definition of criminal responsibility and the punishment/consequence for criminally responsible compared to that of someone not criminally responsible)
8. Discuss the children being product of environment (eg. parents, school, social media) and incapable of being fully responsible for their actions - what makes a child a knowing criminal?
8.1. Can parents be held responsible then if child's crime is found to be a product of their doing?
