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Wednesday, November 11, 2009

Charging Children for Adult Crimes: Scott Hinkley

I am at a loss as to what I would recommend in this situation. I agree that the juvenile justice system does not have punishment available to compensate for the ruthless acts of the accused. I am also fairly convinced that the adult justice system is ill-equipped to carry out a meaningful punishment, given the alleged attackers' ages. In general, I am not a believer in the rehabilitative capacity of our nation's correctional institutions. I feel that the stick-and-carrot approach used to help curb a population’s behaviors is still the only realistic means available to a society that places such importance on personal liberties. That being said, I think that one of the reasons our society seems to be struggling with the behavior of near-adults is that the stick isn't all that deterring to them. I can't imagine that kids familiar with detention and lectures on behavior from teachers can really fathom twenty years in prison (let alone twenty years in age).

So what do we do? In my mind, we need to refocus our stick at the parents. Guardianship should be a two-way street. If we are going to acknowledge as a nation that a parent is the natural legal guardian of their child until 18, doesn't that guardianship also represent an obligation to protect our society from their child's behavior? I think it would be vengeful to suggest that the punishment be reassigned to the parent of the accused, but some consequence that resonates with the person legally responsible for the child seems appropriate. If parents thought they could go to jail for a year or two based on the independent actions of their child (Vehicular Manslaughter comes to mind) perhaps they would be swifter to acknowledge when they need help raising their children. I understand that almost every parent in America works a full-time job, but since we are all here to pass on our genes so that when we turn to dirt there is something left of our actions, I think it is about time we begin reconsidering the responsibilities that accompany the rights to be a parent and make decisions for our children's well being.

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