Summary

The article discusses the fairness of holding a 10-year-old criminally responsible in the context of UK law, considering both sides of the argument and suggesting that while accountability is important, criminalization may not be appropriate for children.

Abstract

The content delves into the complex issue of whether it is just to consider a 10-year-old capable of committing a crime, as per UK legislation which sets the age of criminal responsibility at 10. The author weighs the arguments for and against this stance, acknowledging that while children at this age may understand right from wrong and the importance of early intervention, they also lack maturity and are heavily influenced by their environment. The article suggests that while young offenders should be held accountable, their circumstances and the reasons behind their actions must be taken into consideration, advocating for a more nuanced approach to youth crime.

Opinions

The author believes that the age of criminal responsibility in England and Wales, which is 10 years old, may be too young for children to fully comprehend the gravity of their actions.
It is highlighted that many 10-year-olds face significant stressors, such as academic and family pressures, which could contribute to their behavior.
The article points out that theft and stealing are common crimes among 10-year-olds, often driven by factors like hunger, peer pressure, and the inability to legally purchase certain items.
The author suggests that while it's important for children to understand the consequences of their actions, criminal responsibility may not be the best approach for this age group.
The article emphasizes the importance of considering the child's environment and personal circumstances when addressing youth crime.
The author's personal view is that the age of criminal responsibility should be raised to 12 years old, allowing for accountability without the lifelong stigma of a criminal record.

Criminal At 10 Years Old? Is It Fair?

Fair / Unfair, look at both sides of the coin

Think about it, is it fair?

For a 10-year-old kid to be held responsible for a crime?

According to GOV.UK

“The age of criminal responsibility in England and Wales is 10 years old.”

I mean, are they even mature enough to discern between right and wrong?

I certainly remember my 10-year-old self was completely lost. With my mind sandwiched between academic pressures and family pressures, it was a cause for a lot of stress, especially with learning difficulties.

Moreover, something I found in The Guardian

At least 256 10 years olds committed crimes of theft and stealing, the highest type of crime in the year 2010 for that age group.

I don't know about you, but this tells me something.

Since the nature of those crimes concern theft and stealing, I wonder what might motivate these kids to commit such crimes.

There are tons of reasons for their motives, some might even be somewhat justifiable in the sense that, they might not have had a choice at the time. Hunger and income are a good examples of drivers of this behaviour.

According to familyeducation.com, some of these reasons can include:

Peer pressure.
Fear or embarrassment of asking, (especially money)
Getting back at someone.
The law prohibiting them from purchasing something.
Because it's fun in their eyes, (boredom).

I'm sure the list can go on and on.

Now let's see both sides of the situation here

Just like the saying goes, there's two sides to every coin.

It's fair because:

They might be old enough to discern right and wrong.
They need to understand the consequences of their actions.
They might not be fit enough for society yet.
Their behaviour could get worse.
Early intervention.

It's not fair because

They simply might not have had a choice, hunger is a good example.
We're often easily influenced at that age, negative influence in particular.
It comes down to lack of maturity.
The root cause might be the environment.

As you can see, both sides have a point.

On one hand, It's fair because of early intervention, which is a valid point.

On the other hand, it's not fair because, a 10-year-old lacks maturity to make the right decision at the right time. I suppose at that age, we normally don't think about our futures as much.

As kids, we're normally living life at the moment, with little to no consideration for the future.

We’ve looked at both sides, so what's the verdict.

Of course, it's not for me to say the right age for criminal responsibility.

However, here are just my thought on how this situation should be approached.

My take is that: Yes, they should be held responsible and accountable, but not to a criminal extent.

Of course, it can differ according to the severity of the case, to what extent the harm is caused, to how many people and how they went about the crime.

In some cases, crime might simply have been a way for them to get their human fundamental needs met. We also need to consider the child circumstance in various angles.

Who knows what circumstance that kid has grown up in.
Who know what values and beliefs they hold.
Who knows who they might be associating with.

So you can see that it's not just as simple as identifying someone as a criminal, but rather looking at the case from every angle.

Closing notes.

I'd love to know your take on the situation.

I personally feel that 12 years old should be the age of criminal responsibility. However, that's just me.

What do you think should be an appropriate age? Should it be older or younger?

In this story, I've tried to cover:

A Breakdown of how and why criminal responsibility in the UK is at 10 years of age.
Why it's fair and why it's not fair.
Funnelling it down to a personal verdict on the situation.

I hope this story got you to learn something new about youth, criminality, and justice. Thank you, and I'd love your responses and thoughts on this.

References

GOV.UK.

Service, G. D. (2014, October 24). Age of criminal responsibility. GOV.UK. Retrieved February 15, 2022, from https://www.gov.uk/age-of-criminal-responsibility

The Guardian

Pidd, H., Halliday, J., Robinson, M., & Parveen, N. (2019, November 04). Age of criminal responsibility must be raised, say experts. The Guardian. https://www.theguardian.com/society/2019/nov/04/age-of-criminal-responsibility-must-be-raised-say-experts

Family Education

Family education. (2006, July 5). Why kids steal — and what to do about it. FamilyEducation. https://www.familyeducation.com/life/stealing/why-kids-steal-what-do-about-it