By: Chan Jun Da (02) Ethan Lee (04) Ng Hock Lam (10) Oh Jianyong (11) Edwin Tan(16)

 Research  Case Studies  Murder of James Bulger  2012 Delhi Gangrape  Conclusion

 Deals with offences committed by persons below 16 years of age in Singapore  Deals with offences committed by persons below 17/18 years of age in USA (most states)  Cannot imprison the child (7-14), cannot imprison a young person (14-16), unless the court certifies so

 Programmes with an emphasis to re- integrate the juvenile back to his or her family and community  Holistic approach rehabilitation  Teach juvenile delinquents basic life skills and increase their employability without resorting to crime  Educate the general public and community on the pertinent issues to reduce juvenile delinquency

 Primary principle of sentencing is the welfare/what is best for the child, with rehabilitation as the emphasis  Sentences for a juvenile offender include  Committing offender to the care of a relative or fit person  Community service  Probation  Detention  Reformative training

 Youth Family Care Programme  Supervision of juvenile delinquents from dysfunctional family by volunteer Mentor Families  Streetwise Programme  6 month programme to change the behaviour of youths who drift into gangs through counselling, family conferencing, peer support, recreation and academic activities

 For example, between the sentence for the first offence for an adult and a juvenile  Qualitative(Juvenile)  Imprisonment vs Boys Home  Quantitative(Adult)  Lesser imprisonment period

 Details of the Case  Sentencing  Appeal  Aftermath  Implications  Arguments  Recommendation

 12 February 1993  2 culprits, aged 10, Jon Venables and Robert Thompson  Victim, aged 2, James Bulger  They brought him on a 2.5 mile to a disused railway station near a railway track, where they begin torturing him

 Tortured him by  Throwing paint in his eye  Kicking and stomping on him  Throwing bricks and stones at him  Placing batteries in his mouth  Finally, a 10 kg iron bar was dropped on him, causing 10 skull fractures

 The boys placed his dead body on the railway tracks  Body was cut in half by oncoming train  Forensic pathologist revealed that James died before being cut in half by the train, sparking a manhunt for the 2 boys

 Judge told the boys they had committed an act of “unparalleled evil and barbarity… In my judgment, your conduct was both cunning and very wicked”  Sentenced to be detained at Her Majesty’s pleasure  Recommended for a minimum of 8 years, then increased to 10 years.

 A 280,000 signature petition was sent to Home Secretary Michael Howard, prompting him to the minimum sentence to 15 years  This action was condemned by Lord Donaldson, a senior British Judge, prompting the House of Lords to overturn the increased minimum term  The overturning resulted in moral panic in Britain

 1999, lawyers for Thompson and Venables appealed against the sentence  The court agreed that the hearing was unfair and they reduced it back to 10 years  New Lord Chief Justice brought it back to 8 years

 $1 million dollars spent on changing the name of Jon Venables to protect his identity. $250,000 dollars in admin fee per name change and a total of 4 name changes  Rearrested in 2010, 17 years after the murder for reentering Liverpool, violating the terms of his parole, and possession of child pornography

 Ralph Bulger, father of James Bulger split from his wife Denis Fergus  They had so much grief that they could not comfort each other after their 2 year old son was killed  Ralph Bulger also developed a drinking problem

 In response to Jon Venable’s rearrest, Diane Fergus, mother of James Bulger said, “People say children are not born evil, but I personally believe he was, given what he did and what they found on his computer”… “He was given a chance with his release, and he blew that second chance”

 Lighter punishment on the assumption that the behavior of juveniles are more malleable  Deterrence seen as the successful outcome of adult punishment, but reintegration for juveniles  Assumption of external factors that influenced the crime committed  “No child is born evil”

 They were of rational mindset when they committed the crime  They have to pay the price for their actions  The crimes committed were not crimes of passion, they were committed due to morbid fascination

 Crime of ignorance  Life imprisonment would have a heavier impact on them due to their youth  Everyone should get a second chance in life

 Subhan Anwar, 25, tortured and murdered his lover’s daughter, 2.  Jailed for 23 years in 2009, murdered by fellow inmates in 2013

 Details  Sentence  Fairness of sentence  Victims Point of View  Contrast with other cases  Argument on Punishment  Recommendation

 December 2012  In a moving bus in Delhi  6 culprits  5 men, aged between 19 and 34  1 man aged 18  2 victims  A 23 year old female  Her male friend (Unimportant)

 The culprits  gang-raped the woman  beat her male friend  threw both victims off the moving bus  tried to drive the bus over the victims  The woman died from her injuries thirteen days later while undergoing emergency treatment in Singapore

 Medical reports later said that the woman suffered serious injuries to her abdomen, intestines and genitals due to the assault  Doctors suspect an iron rod may have been used for penetration

 On 10 September 2013, the four adult culprits were found guilty of rape and murder  sentenced to death by hanging

 On 8 July 2013, the juvenile was convicted of rape and murder  given the maximum sentence of three years imprisonment in a reform facility  inclusive of the eight months he spent in remand during the trial

 The Delhi Police described the juvenile as the most brutal of the six accused  Yet he got off with the lightest sentence  A petition seeking the prosecution of the minor as an adult because of the ghastly nature of his alleged crime was rejected  Judge rejected pleas for a lesser sentence saying the case has “shocked the collective conscience of India”

 Three years not a punishment but time given to the government to reform a child  Considers the seriousness of situation of the child  His family is among the poorest in the village with a mentally disabled father  Sent to the city to work alone  Possibly fell into bad company in Delhi

 “Today, we have everything, but yet nothing. Without our daughter our world has turned colourless“  The parents petitioned for the minor to be tried by a criminal court  Instead of a Juvenile Justice Board  Petition was rejected

 Mehtab and Sushil alias Bhoora, plead guilty to the gangrape and murder of a 60 year old woman in India in December, 2012  Sentenced to death in January 2014

 Increase in juvenile crime in India between 2001 and 2010  Mental age should be used against physical age  Campaign underway to allow trial judges to try juveniles as adults or define youths above 16 as adults for serious crimes (This crime sped up the process of it coming into play)

 Many juvenile offenders come from poor family and will be unable to defend themselves (refer to DMW)  No inadequate protection for the children in jail may result in abuse by adult inmates  About 2/3 juvenile offenders turn over a new leaf and do not reoffend

Analysis and Recommendations

Grimm Brother’s

 Lighter sentences in courts are usually with the assumption of the juvenile having lesser informed malicious intent when committing the crime  Heavy emphasis placed on the reintegration of the juvenile back into society after serving their sentence

 Crimes commited:  In morbid fascination/sociopathy  Under the influence of others/immaturity  Crime of passion  Overall assumption of the innocence of the child

 We recommend that juveniles be given a second chance due to their malleable behaviour and potential  However, sentencing should take the mental age of the juvenile instead of physical age into account  Consideration: Mental age cannot be measured

 3-strikes Law, used in some states in America  Mandates courts to impose harsher sentences on habitual offenders  Usually calls for life sentences without possibility of release for at least 25 years on their third strike  Suitable for usage on the minors as it provides them with a second and third chance, without sacrificing harsh punishment to be meted out

 However, the 3 strikes law may not be fully applicable as the juvenile may not be of age for subsequent offences or due to the severity of the crime  Thus, we recommend a “2-strike” law for juveniles  Furthermore, we recommend that severity and involvement in the crime be taken into account in making the child stand trial in the adult court  Definition of severe crimes being crimes that directly harm other members of society