Dealing with juveniles who commit serious crimes

Mar 10, 2018 Letters

DEAR EDITOR,
Both the Kaieteur and the Chronicle Newspapers of 20th February 2018, informed us that a 15-year-old will “stand trial for killing top cop’s brother.”
According to both media houses, the magistrate told the teen that the prosecution team was “successfully able to establish a prima facie case against him and he will have to stand trial before a judge and jury at the next practicable sitting of the Demerara assizes.”
Indeed these reports did not say much and I am left will a number of questions.
First, was the juvenile represented by counsel as part of his right to due process?
Here in the USA, it is law that a juvenile has access to counsel as early as possible after arrest. So, who looked out for the interest of the young man at this pre-trial hearing?
I am reminded of a Supreme Court judge in 1967 writing in reference to a case involving a juvenile “under our constitution the condition of being a boy does not justify a kangaroo court.” The court proceeded to rule against the contention that a probation officer or judge could adequately represent a minor.
Second, as he awaits trial, where is he being held? I would hope he is not being kept with adults on remand. Even in Guyana where so much nonsense seems to occur in our justice system, this will be totally unacceptable.
Third, since this young man is to be tried in an adult court, are we suggesting that at 15 he is mentally mature? Modern neuroscience holds that teenagers are really different from adults. Researchers at the National Institute of Mental Health have used brain imaging to show that certain parts of the brain are still underdeveloped in adolescents. Thus, the researchers concluded that until those parts of the brain are fully matured, they “can contribute to greater impulsiveness and wider and more frequent mood swings, in teenagers.”
Further, a psychologist at Temple University observed that little difference has been found among persons 16 years old and over greatly distinguishable from adults, in the ability to think through future consequences. On the other hand, persons aged 13 years and under really do not have these abilities. The tricky ages, he contended, are 14 and 15. He concluded, “In that age range, some adolescents – especially those with emotional or learning difficulties, which would include many kids in the criminal justice system are child-like in important respects…”
There is so much uncertainty on the matter of mental maturity that States have individually taken different positions. For example, some have had 10-year-olds face adult court, seeming to support the fairly popular theme ‘if you commit an adult crime, you must do adult time.’ Others have used 14 as the appropriate age for one to be brought before the courts, while yet others have insisted you must be 16 and over.
So, what learning guides Guyana’s decision on this matter – the crime, or our understanding of at what age a person should be considered fully mature? And what consideration guides our choice? Placing a youngster before the court is a serious matter, with serious consequences.
Fourth, if this young man is found guilty, where will he serve his sentence? If at an adult facility will he be treated as an adult? Will he be protected from hardened criminals? The truth is that he will be released someday, and few of us would imagine him living among hardened criminals for several years will best prepare him for living a socially acceptable life on release. Further, will he have the right to bring charges against the prison authorities for any act of child abuse during his imprisonment?
Editor, a lot of the problems we are now confronted with in the juvenile justice system stem from the fact that the system originally was set up for dealing with juveniles who commit acts of vandalism and runaways. The fact that juveniles are today committing serious crimes in ever-increasing numbers has found the system wanting and trying desperately to play catch up. But this is no reason for us to stay silent if and when children are being treated unjustly. Indeed, today in some States, prison workers who must deal with juvenile criminals are being given training in adolescent psychology.
Claudius Prince

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