Old enough for crime, but not punishment?

Old enough for crime, but not punishment?

The second Saturday of January is the annual day when children and the youth in Thailand are celebrated. But not all of them have a chance to enjoy Children's Day. Some of them are locked up in de facto prisons, officially known as the Juvenile Observation and Protection Centres. These youths should have the opportunity to live a normal life after they serve their terms. Surprisingly, some of them choose to commit the same crime or offence again and again. Should society still give such untamed youths the opportunity for freedom again _ only for them to become recidivists?

Opportunity comes just once, is what people generally say. When the opportunity comes, one should grab it. But this would not be applicable to certain gangs of youths who are detained several times for the same reasons.

What is the cause of such illegal behaviour? Is it the innate nature of these youths that stimulates them to do bad things? I watched a television interview of Pol Maj Gen Wichai Sangpraphai, commander of the Metropolitan Police Bureau's Division 1, who raised an interesting question: "If a youth commits a crime, should he or she be punished as an adult?"

Many people think young people commit crimes unintentionally and so should be given another chance to start a new life again, as they are inexperienced and not aware of the consequences of their actions.

But Pol Maj Gen Wichai thinks differently. He says he was deeply moved by a case concerning a group of teenagers who went around raping women before they were finally arrested _ a total of over 40 cases (with solid evidence) has been filed against them. After a night in the remand cell, they all were released on bail on grounds that they were minors.

If these youths are found guilty, the punishment will be half of that meted out to an adult, if they culprits are aged over 15 but below 17 years old. If they are over 17 but below 20 years, the maximum punishment will be two-thirds of an adult's prison term. Children younger than 14 years old will not be charged.

I wonder whether or not this group of gangsters will change their behaviour after being released. They receive an opportunity to start fresh in life _ many of their victims did not have the chance to fight back.

This double-edged opportunity may result in more victims, or a U-turn in the behaviour of offenders.

I agree with Pol Maj Gen Wichai that in some obvious cases, the youths should be treated like adults. But child rights protection groups will always claim in the minors' defence that it is the environment that creates such behaviour. Children are like a sponge, absorbing everything from their living environment _ from parents to family members, friends, teachers, superstars and people in their neighbourhood. A child is like a white canvas upon which any picture can be painted.

There is no such thing as children being born bad, is there? Children imitate the behaviour of people around them. So if they are raised in a good environment, they will turn out to be good citizens. Is this always true? I don't think so.

There is always an angel or a devil in some people, regardless of their age. A person's own nature also counts.

I still support the idea that people, particularly minors, should be given an opportunity to correct their mistakes.

This should be a time for Thailand to find the right balance in responding to and handling illegal actions of youths.

Child rights protection groups and the police should discuss extensively and set a criteria for cases where the age should not be taken into account.

Leniency should be given in cases where the youngsters are forced to act badly by their society and environment _ like vocational students forced by their seniors to fight with students from other schools; or the gangsters on motorcycles terrorising the streets; or those who may not have received good care from their parents; or children robbing others because of poverty or those taking drugs because of problems in the family.

One noticeable oddity in Thailand is that when youths reach 18, they are considered an adult and have the right to cast votes in elections. But when those above 18 but under 20 years old commit a crime, they are considered not competent enough to be charged as an adult.

Why this inconsistency in our society?


Somporn Thapanachai is Deputy Business Editor, Bangkok Post.

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