To-day, in legal proceedings where juvenile offenders are concerned,
remarkable incidents occur. For example, the judge or magistrate
asks the child to repeat the ten commandments and the catechism.
If the child can do this, it is supposed to possess the requisite
understanding. It is left quite out of consideration that the child
has probably learned the commandments by rote, without understanding
them in the least. Or, again, the judge makes the child describe
the act it has committed, and then asks, “Do you know that such
acts are punishable?” But in the proceedings in court the child has
been made well aware of the fact that it has committed a punishable
offence, and yet it may not have known this at the time the offence
was committed. In the case of the offences with which the enormous
majority of juvenile offenders are charged, namely, theft, fraud,
and bodily injury, a knowledge of the punishable character of
these offences is apt habitually to be assumed by the courts. This
assumption is justified, but it suffices to show the impracticability
of the conception.
_The School._--The proposal has been made that when petty offences
are committed by children of school age, the school should deal
with the matter; and that only when a more serious offence has been
committed should the case go before the law-courts. In proportion to
the seriousness of the case, the punishment should be apportioned
by the class-master, by the head-master and class-master together,
or by the united teaching faculty. The suggested punishments are--a
reprimand, task-work, sitting on the punishment form, being kept in
after school hours, corporal punishment, &c. Investigation by other
authorities is not to be regarded as superfluous, but in minor cases
it will suffice to leave the whole matter in the hands of the school
authorities. The following reasons are given for this proposal. In
the case of petty offences, the tedious and laborious intervention
of the criminal authority is quite uncalled for. It may even be said
that we misuse and make light of the criminal authority, when we
invoke the aid of this gigantic apparatus, and as a result of this
the child is discharged with a hardly perceptible punishment. If the
State undertakes to deal with all petty offences, it is left no time
for the proper consideration of the graver and more important ones.
The aim in view can be attained by less expensive and less elaborate
means.
These considerations notwithstanding, this proposal can be approved
only to this extent, that in the case of juvenile offences which
do not render necessary a coercive reformatory education, it will
suffice that the child should be punished by its parents or by the
school authorities.
Public-domain text, read in full here on John Shaqi.
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