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Children and Young People in Conflict with the Law: Asking the Hard Questions
Authors:ANDREW J BECROFT
Abstract:Shocking crimes elicit calls to “get tough” on youth offenders, but knee‐jerk responses are inappropriate and potentially dangerous. Although accountability and deterrence are important, rehabilitation is vital for young people who are more likely to benefit from such measures than their adult counterparts. However, balancing these factors raises a number of hard questions. For example, at what age should children be held criminally responsible for their actions, what is the correct role of welfare assistance in the process, and to what extent should state power to deal with child offending be transferred to families, victims, and communities? In assessing eight of these “hard questions,” this paper calls for a principled approach to the treatment of child and youth offenders in line with international human rights instruments.
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