Deterring Children From Crime Through Sentencing : Can It Be Justified?

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

4 Scopus Citations
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Author(s)

Detail(s)

Original languageEnglish
Pages (from-to)182-200
Journal / PublicationYouth Justice
Volume23
Issue number2
Online published1 Jul 2022
Publication statusPublished - Aug 2023

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

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.

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review