Punishment vs. Rehabilitation
Many states have laws that children ranging from under six to 12 years old can’t be prosecuted for crimes. In some states, there are different age categories based on the severity of the crime.
States also have guidelines to determine if a child should enter a state care facility instead of a detention center. Minors might be placed in:
• Drug, alcohol, or addiction rehab centers
• Family counseling while living full time at home
• Centers for behavior or emotional problems
Sample Solution
In many states, children under the age of six cannot be charged with a crime and thus are exempt from the criminal justice system. This is based on the understanding that young children have not yet developed the mental capacity to understand their actions in terms of right and wrong (Kahn et al., 2019). Furthermore, until reaching an appropriate developmental stage, they should not face consequences as severe as those faced by older adolescents/adults for similar offenses (Steinberg & Cauffman 2020).
For minors between ages 6-12, laws vary from state to state but generally speaking there is still an emphasis on rehabilitation versus punishment when it comes time for prosecution. While imprisonment may be used in extreme cases such as violent crimes or repeat offenders, alternative means such as visitation centers or drug/alcohol rehabs are often favored because they tend to provide more lasting solutions than traditional methods of incarceration would allow (Dettlaff et al., 2021).
Another option considered when determining outcomes for minors is having them remain at home while receiving counseling through family therapy services. This approach tends to require parents/guardians being heavily involved with the process which can prove beneficial if done properly since studies have found that parental engagement has been linked with positive outcomes in youth development and overall well being (Niemeyer 2016) . Other services offered include behavior modification programs designed to help children better cope with emotions through higher levels of self-control and empathy (Smith et al., 2019).
In conclusion, legislatures across various states recognize that minor offenders need different treatment than their adult counterparts due to their lack of maturity and resulting limited culpability. For this reason criminal prosecution is rarely sought after in these cases instead favoring rehabilitation programs tailored towards helping individuals make productive changes instead of simply punishing them.