Lowering Age of Criminal Liability and Youth Crime
Lowering age of criminal liability does not effectively deter youth from engaging in criminal acts, according to experts in criminal justice. This key issue has sparked intense debate following recent high-profile cases involving minors.
The Juvenile Justice and Welfare Act, enacted in 2006, currently sets the minimum age of criminal responsibility at 15 years old. However, proposals to lower this age have resurfaced, notably Senate Bill No. 372 filed by a senator aiming to reduce it to 10 years for heinous crimes.
Expert Insights on Juvenile Crime Deterrence
Raymund Narag, a Filipino criminology professor based in Illinois, expressed doubts about the effectiveness of lowering age of criminal liability as a crime deterrent. “There’s no deterrence factor, even if the criminal age of responsibility is law and punitive,” Narag shared in an interview.
He explained that exposing children to the criminal justice system often leads them further astray. “Children will only be led further astray because of their entanglement with the criminal justice system. At the same time, they won’t grasp the gravity, seriousness and severity of the punishments,” he added.
Narag, an associate professor at Southern Illinois University Carbondale, has extensive experience consulting for various Philippine government agencies. He warned that treating children as criminals alongside hardened offenders risks fostering “criminogenic thinking,” a mindset that encourages criminal behavior.
Legal Framework and Recent Incidents
Under the current law, children aged 15 and below are exempt from criminal liability but are subjected to intervention programs. Those between 15 and 18 may also be exempt if proven to lack discernment during the offense.
Calls to lower the minimum age reignited after a brutal robbery in Tagum City, where a 21-year-old college student was stabbed 38 times. Among the suspects were minors aged 14, 15, and 17 years old. The youngest suspect cannot be held criminally liable under existing laws, while the older minors face charges.
Proponents of lowering age of criminal liability argue that victims’ families deserve justice. One senator pushing the bill stated, “If it’s difficult to talk about it, it’s even more difficult to hear the cries of the victims and their families who are still seeking justice.” Meanwhile, the Philippine National Police expressed support but emphasized that any change must be based on scientific studies.
Balancing Justice and Protection for Youth
Advocates for maintaining the current age limit acknowledge the pain of victims’ families. “I understand that, right? We’re human. Surely, if your child was hurt on the streets, as a dad myself, I have to protect my kid. It’s self-preservation,” Narag said.
He emphasized the need to address the root causes of juvenile delinquency rather than lowering age of criminal liability. “The solution to prevent that in the future is to address the root causes of juvenile delinquency. We need improved families, improved labor, foods, improved communities, improved social networks, improved schools to provide a way for our children to develop maturely in such a loving and caring environment,” he explained.
This view aligns with human rights advocates who argue that children should be nurtured, not punished. The Child Rights Network highlighted that the challenge lies in the implementation of existing laws, calling for more social workers, funding, and community-based rehabilitation programs.
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