The following are some of the causes of the increase in juvenile
criminality. The character of many of the offences customary in
former days--for instance, robbery in the streets and highways by
footpads and highwaymen--was such as to render it impossible for
children to undertake them. Great towns, in whose streets and suburbs
children could wander about, and in which it is comparatively easy
for them to commit punishable offences, did not exist. Moreover,
children begin to work for a living at an earlier age than in
former times. The application of draconian laws, under which even
little children suffered corporal and capital punishment, exercised
a deterrent influence. Since the end of the eighteenth century
punishments have become much milder. A large proportion of criminal
offences are to-day more lucrative, easier to carry out, and less
risky than in former times. Youthful criminality is probably far
more extensive than the official records show, for these latter take
no account of petty offences. Many punishable offences never become
known outside the limits of the family. In view of the offenders’
youth, reports are often suppressed.
_The Classical Criminal Law._--It is characteristic of the classical
criminal law that criminal offences committed by children were either
left unpunished, or, if punished, were punished less severely
than the offences of adults. In the classical criminal law several
age-classes were distinguished among juvenile criminals. (_a_)
Children too young to understand that an offence is punishable, and
for this reason liable neither to prosecution nor to punishment.
In existing legislative systems, the age at which criminal
responsibility is supposed to begin varies greatly; it may be as
low as seven, and as high as fifteen years. (_b_) The second class
consists of those children of an age at which criminal responsibility
is supposed to have begun. If such a child commits a punishable
offence, it is examined as to whether it possesses the necessary
understanding of the punishable nature of the offence. If it is
considered not to possess this understanding, no punishment is
inflicted. The punishment is, in any case, less severe than that
which would be inflicted upon an adult. To this class belong children
at ages from seven to eighteen years. (_c_) The third age-class
consists of offenders over eighteen years of age, who are regarded as
necessarily possessed of an understanding of the punishable character
of their offence, but in whom also the punishment is less severe than
it would be if they were of full age.
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