Debates have sparked on control the growing involvement of juveniles in sex related crimes across the country. Juveniles are persons within the age group of 15 to below 18 years of age. Biologically these persons are immature and easily biased to petty crimes. The judicial system prefers offenders in this age group to bring them back into the main stream of life rather than to send them into the jail, where they may turn into hard core criminals by coming in contact with criminal inmates i. Rules are being made to send them into reform homes on being convicted in a crime. Juvenile courts are also being constituted in every district to investigate their cases.
Many cases of rapes, rape following murder and several heinous crimes are surfacing now – a -days where in juveniles are involved where such crimes not expected of their age. On last year 16th December late evening the youngest accused in the horrific Delhi gang-rape case was found involved in the terminal act leading to the death of the 23 year old victim. But unlike his five partners in that crime, he got a 3 years sentence in reform home while death penalty was awarded to the rest. In last month on 22nd afternoon one juvenile has been found involved in a gang rape of a 23 year old paparazzi along with other four adult partners. He is likely to come out clean after a maximum of three years.
In another incident a 13 years old girl was allegedly gang-raped on 15th of September recently by five teenagers while she was playing near her house in Guwahati. The five accused have been caught and they all claim be minors, between 15 and 16 years of age. The police say, those teen agers allegedly dragged the girl to an abandoned house nearby and gang-raped her throughout the night.
This incident now aroused countrywide debates on the Juvenile laws that provide for three years sentence in a correctional home as maximum punishment to a juvenile offender for any degree of crime not expected from persons of their age. Unless necessary judicial review of the present regulations is made the society is likely to come across more such events.
According to the dictionary meaning "law" and "justice" have separate meanings. As per the Rule of Law, \'"Law is equal to all\' .But "justice" requires logical consideration in defining the quantum of punishment for an offence. The IPC also considers several parameters like age, antecedents, instinct, responsiveness, circumstance (self defense, provoke,) probation of offence, social status of the offender and prospect of reformation before arriving at the quantum of punishment for the infliction of law..Depending upon the prudence of the Judge who is a normal human being sometimes justice may likely to be miscarried. The Goddess of Law is always blind folded while the Judge looks into the parameters of justice. Hence it is called’ judicial sentencing\'.
Let us come to the logic part. Jurisprudence always based on social customs which are commonly followed for a long time. When a juvenile make an intercourse with a woman, she will conceive in normal manner. Means the nature treat them as adults in such acts. Then why not to have a graded response for the juveniles engaged in heinous crimes? Several developed countries including UK, USA and France also adopt graded response for heinous crimes by juveniles and they are being tried like adults.
In Florida three teenagers accused of setting a 15-year-old Michael Brewer on fire over a $40 video game debt were tried as adults in 2010. Two dozen teens across the country charged with committing extreme acts of group violence also tried as adults. All of the juveniles charged in last month\'s gang rape of a 15-year-old girl outside Richmond Calif high school dance festival were charged as adults.
Jesean Callender, a 15 year old boy is one of the two teen ager who was charged with delinquency of murder of Kaewaun D. Coleman a student near Linden-MicKinley STEM Academy on 17th January this year. On August 28, 2013 a Franklin County Juvenile Court judge ruled that he will be tried as an adult in the shooting case.
Two teenage boys charged with the murder of an 88-year-old World War II veteran Delbert Belton in Spokane Wash. Both 16, have been charged with first-degree murder and first-degree robbery. Both teens will be charged as adults, according to Lena England, secretary for the gang unit of the Spokane County prosecuting attorney’s office, which is handling the case. Each was being held in lieu of $2-million bail, England told the Los Angeles Times.
In most American states, the jurisdiction of juvenile courts is automatically waived when a juvenile above a certain age, usually 13 or 15, commits a violent or other serious crime, and the case is automatically transferred to adult court. The minimum age for criminal responsibility in England and Wales is 10 years. The Crown Court can sentence children between 10 and 18 years for 14 or more years\' imprisonment as adult offenders. In UK, a person under 17 (the cut-off for juveniles there) can be tried as adult in serious offences like sexual assault, child sex offences and sexual activity with a child family member.
In the best interest of public safety, If you can fix the kid, you really should try. The decision of the WCD ministry to propose amendment of Juvenile Justice law to try the juveniles in the age bracket of 16 to 18 years of age as adults is a welcome move. Such amendment will be a piece of judicial activism to deter smaller kids from heinous crimes.
Many cases of rapes, rape following murder and several heinous crimes are surfacing now – a -days where in juveniles are involved where such crimes not expected of their age. On last year 16th December late evening the youngest accused in the horrific Delhi gang-rape case was found involved in the terminal act leading to the death of the 23 year old victim. But unlike his five partners in that crime, he got a 3 years sentence in reform home while death penalty was awarded to the rest. In last month on 22nd afternoon one juvenile has been found involved in a gang rape of a 23 year old paparazzi along with other four adult partners. He is likely to come out clean after a maximum of three years.
In another incident a 13 years old girl was allegedly gang-raped on 15th of September recently by five teenagers while she was playing near her house in Guwahati. The five accused have been caught and they all claim be minors, between 15 and 16 years of age. The police say, those teen agers allegedly dragged the girl to an abandoned house nearby and gang-raped her throughout the night.
This incident now aroused countrywide debates on the Juvenile laws that provide for three years sentence in a correctional home as maximum punishment to a juvenile offender for any degree of crime not expected from persons of their age. Unless necessary judicial review of the present regulations is made the society is likely to come across more such events.
According to the dictionary meaning "law" and "justice" have separate meanings. As per the Rule of Law, \'"Law is equal to all\' .But "justice" requires logical consideration in defining the quantum of punishment for an offence. The IPC also considers several parameters like age, antecedents, instinct, responsiveness, circumstance (self defense, provoke,) probation of offence, social status of the offender and prospect of reformation before arriving at the quantum of punishment for the infliction of law..Depending upon the prudence of the Judge who is a normal human being sometimes justice may likely to be miscarried. The Goddess of Law is always blind folded while the Judge looks into the parameters of justice. Hence it is called’ judicial sentencing\'.
Let us come to the logic part. Jurisprudence always based on social customs which are commonly followed for a long time. When a juvenile make an intercourse with a woman, she will conceive in normal manner. Means the nature treat them as adults in such acts. Then why not to have a graded response for the juveniles engaged in heinous crimes? Several developed countries including UK, USA and France also adopt graded response for heinous crimes by juveniles and they are being tried like adults.
In Florida three teenagers accused of setting a 15-year-old Michael Brewer on fire over a $40 video game debt were tried as adults in 2010. Two dozen teens across the country charged with committing extreme acts of group violence also tried as adults. All of the juveniles charged in last month\'s gang rape of a 15-year-old girl outside Richmond Calif high school dance festival were charged as adults.
Jesean Callender, a 15 year old boy is one of the two teen ager who was charged with delinquency of murder of Kaewaun D. Coleman a student near Linden-MicKinley STEM Academy on 17th January this year. On August 28, 2013 a Franklin County Juvenile Court judge ruled that he will be tried as an adult in the shooting case.
Two teenage boys charged with the murder of an 88-year-old World War II veteran Delbert Belton in Spokane Wash. Both 16, have been charged with first-degree murder and first-degree robbery. Both teens will be charged as adults, according to Lena England, secretary for the gang unit of the Spokane County prosecuting attorney’s office, which is handling the case. Each was being held in lieu of $2-million bail, England told the Los Angeles Times.
In most American states, the jurisdiction of juvenile courts is automatically waived when a juvenile above a certain age, usually 13 or 15, commits a violent or other serious crime, and the case is automatically transferred to adult court. The minimum age for criminal responsibility in England and Wales is 10 years. The Crown Court can sentence children between 10 and 18 years for 14 or more years\' imprisonment as adult offenders. In UK, a person under 17 (the cut-off for juveniles there) can be tried as adult in serious offences like sexual assault, child sex offences and sexual activity with a child family member.
In the best interest of public safety, If you can fix the kid, you really should try. The decision of the WCD ministry to propose amendment of Juvenile Justice law to try the juveniles in the age bracket of 16 to 18 years of age as adults is a welcome move. Such amendment will be a piece of judicial activism to deter smaller kids from heinous crimes.
