Should children under 10 years of age be prosecuted?

Answer 1

They should be prosecuted in a juvenile justice system. That way a judge can issue court orders that direct the way that child's case will be handled. A good juvenile system does not necessarily focus on punishment. Rather, it seeks to help diagnose the reasons for the child's bad behavior and help the child develop competencies that may help avoid more serious problems in the future.

Children under ten years of age should not be punished because they are not fully capable of understanding or even calculating the consequences of their actions. They are not developmentally capable of acting like adults so they cannot be held fully accountable for their actions. They lack judgment. We don't let them drive, own property, vote, use tobacco or alcohol, sign contracts, stay out all night if they want to or choose to not attend school. In addition, the child may be suffering from a serious mental condition that will only get worse.

Typically, juvenile offenders live with minimal adult supervision. There is often one or two absent parents (physically and/or emotionally absent), an economically depressed environment, untreated psychological problems, physical and sexual abuse, lack of any supervision and an apathetic school system. Those children are more influenced by their peers who suffer from the same environmental problems and developmental deficiencies.

That is not to say that juvenile crimes should be ignored. In a perfect world those children would find help in the juvenile justice system. They would be rehabilitated when possible. They would be provided with interventions tailored to each child's particular needs. A child who is proved to be a danger to society would be incarcerated in a juvenile facility that keeps them safe from any kind of abuse and provides educational support and psychiatric treatment designed to give them the chance to develop into a fully functioning adults. A truly psychotic child would be placed in a therapeutic facility indefinitely.