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My Nana Essay

  • Submitted by: bigmarn
  • on March 22, 2012
  • Category: Shakespeare
  • Length: 830 words

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Below is an essay on "My Nana" from Anti Essays, your source for research papers, essays, and term paper examples.

The effectiveness that the criminal justice system has when processing young offenders depends on various factors. As young offenders are treated differently under the law, these differences must be evaluated in order to determine if justice is being achieved. The age of criminal responsibility, the rights of children when questioned or arrested, Children’s Court, penalties for children and alternatives to court are all ways in which young offenders may be treated differently under the law. They are aimed at helping achieve justice for young offenders, but in order to determine this we must analyse these methods.

The age of criminal responsibility is a big issue when it comes to prosecuting young offenders. At what age should a child be legally accountable for their actions? In NSW courts no child under the age of ten can be found guilty of a crime, and this was imposed through the Children (Criminal Proceedings) Act 1987 (NSW). This means that doli incapax is presumed for children under ten, as they are deemed to be unable to form the intent to commit a crime. As children get older, ten to thirteen, this presumption of doli incapax is still maintained, but the prosecution is allowed to rebut this. This means that a child of this age can be proven guilty of a crime if they can prove they had the intent and knew what they were doing was seriously wrong, and not just bad. This is often quite hard to prove as shown in the Corey Davis case (1998) when a ten year old boy was acquitted of manslaughter as he was proved he didn’t have the necessary intention to be convicted.

On first glance it may seem that justice is not achieved for the victims of crimes being committed in this age bracket, but it is all about rehabilitation for these young offenders. It is believed that that if they are given a criminal penalty they would be far less likely to be rehabilitated. In this way justice is achieved for the offender, as incarceration would destroy such a young...

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