Blablahb said:
treating them like a small child? i would've loved to have a 10pm curfew at their age, mine was between 8:30 and 9:30pm, the parents likely just wanted the kids to get enough sleep.
Kuratius said:
you have heard of the term 'doli incapax' haven't you? it means conclusive presumption.
"The presumption under common law is that a child under 10 cannot be held legally responsible for their actions. The presumption that a child cannot form Mens Rea or the thought or intention to commit a criminal act as they do not yet have a sufficient understanding between "right and wrong". In the context of Australian law, doli incapx acts as a rebuttable presumption for children aged at least 10 but less than 14."
So basically, once you get to about 15 or 16, there is a presumption that you know the difference between seriously wrong (which is what this issue is) and naughty/mischievous. Besides, these kids would still be treated as a youth and not tried as an adult (they'd be put through the childrens court/family court) as their offence is not severe enough to warrant being tried as an adult.
While yes, the legal system is flawed, a child would neither have the understanding or the money to go to court with a lawyer and file a lawsuit. Besides how many 15 or 16 year olds will understand the law enough without prior learning in the subject?
There was a very real possibility that these girls could have overdosed the parents with those sleeping pills. These girls are very unlikely to be convicted and face jail, if they do get charged, they will most likely get some form of community service and have their record expunged after.
ThingWhatSqueaks said:
I agree, though i will say, and it concurs with your statement, a conviction will not solve this issue, it's been shown that people who are convicted of crimes are more likely to become recidivist within the system (they'll commit more crime in the future).
Belated said:
'minor' does not always mean stupid, it can mean lack of understanding too. What you've said about "Their brains are physically incapable of comprehending the severity of their actions because they're not fully developed yet" is only a partial truth, by the age of 15 or 16 kids will know the difference between seriously wrong and naughty/mischievous, but likely not have the understanding of the full repercussions of their actions. You are completely right about a criminal conviction not helping, if they do face charges, they'd likely go through the childrens court, if they are sentenced it would likely be community service and having the charges expunged from their record afterwards, as while what they did was seriously wrong, it is not enough to warrant prison time.
You wouldn't care if your child murdered someone or was a contract killer? That is a serious issue within itself, so you wouldn't care if your child was a serious threat to other people? Would you care if your child was a serious threat to your friends or their children? Where do you draw the line?