Deterring Children From Crime Through Sentencing : Can It Be Justified?
Research output: Journal Publications and Reviews › RGC 21 - Publication in refereed journal › peer-review
Author(s)
Related Research Unit(s)
Detail(s)
Original language | English |
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Pages (from-to) | 182-200 |
Journal / Publication | Youth Justice |
Volume | 23 |
Issue number | 2 |
Online published | 1 Jul 2022 |
Publication status | Published - Aug 2023 |
Link(s)
Abstract
Children receive sentences underpinned by deterrence theory in many jurisdictions, as demonstrated by recent cases in Australia and England and Wales. This article explores whether deterrent sentencing is justified from a legal, criminological and neuroscientific perspective. Analysis of international instruments suggests that deterrent sentencing conflicts with children’s rights, particularly the obligation to factor in the child’s age and best interests. There is scant criminological evidence that deterrent sentencing works for children. The principles that underpin deterrent sentencing are at odds with the way children make decisions according to recent neuroscientific evidence. Principles of deterrence should not apply when sentencing children.
© The Author(s) 2022
© The Author(s) 2022
Research Area(s)
- children, children’s rights, criminology, deterrence, sentencing, youth justice
Citation Format(s)
Deterring Children From Crime Through Sentencing: Can It Be Justified? / Crofts, Thomas; Delmage, Enys; Janes, Laura.
In: Youth Justice, Vol. 23, No. 2, 08.2023, p. 182-200.
In: Youth Justice, Vol. 23, No. 2, 08.2023, p. 182-200.
Research output: Journal Publications and Reviews › RGC 21 - Publication in refereed journal › peer-review