The Issue Of Convicting Child Murderers

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Murder. It’s a horrendous crime no matter the age of those who are commiting the crime. Through this essay I will be reffering to the crime murder, defining what it is and the consequences of commiting it. I will discuss adult prisons and young offenders insitutions stating the differences between the two and the purposes of them both. My main objective Is to investigate why child murderers aren’t conviced the same as adult murderers due to age. The law states that anyone under the age of 18 can’t be sent to an adult prison but are sent to young offenders insitutions; I will discuss why.

The dictionary definition of murder is “the unlawful premeditated killing of one human being by another”. Murder is also known as homicide which is defined as the taking of human life. Murder has several sub-catogries; First degree murder, second degree murder, manslaughter, voluntary manslaughter and involuntary manslaughter. First degree murder is the most common as well as second degree murder, and is the most consequential of all murder charges. It results in the murderer planning on killing the victim, with an outcome of life in prison. Second degree murder is similar with the murderer intending to kill but hasn’t planned it, some situations of someone acting reckless and leading to the death of another human being, can also be classed as second degree murder too. This can also result in life in prison for the offender or a harsh but realistic sentence. Manslaughter is a crime in which the offendent didn’t intend or plan for the victim to die due to their actions. Their conviction will widely depend on the circumstances. Voluntary manslaughter is an act of killing someone that does not amount to murder, but the killer can receive fines, 10 years or less in prison or even both. Involuntary manslaughter is the killing of a human being without the intention of doing it for example killing someone why driving recklessly.

For a killing of a human being to be classified as murder it can’t be in a situation of self defence, under the Queens peace, so not in the circumstances of war or in police matters and the killer has to have intended to kill or bring great harm to the victum. In the situation of war a soldier who has been trained to use a loaded weapon is allowed to kill If they can see imminent danger/threat to a human life, this would then not be classed as murder.

Adult imprisonment rates have risen by 69% in the past 30 years, however, this has dropped in the last 2 years. In western Europe, Scotland has the highest imprisonment rate, with 48% of them returning to prison within a year of their release. There are six different sentences; Short term, Long term, Extended, Indeterminant, life sentences and in some cases an order for lifelong restrictions may be applied. Angus Sinclair is best known for the killings of Helen Scott and Christine Eadie, in October 1977. It is believed that he killed 8 women/girls within 7 months; Frances Barker 37 years of age, Hilda McAuley 36 years old, Agnes Cooney aged 23, Anna Kenny 20, Catherine Reehill ages 7, Christine Eadie, Helen Scot and Mary Gallacher who were all ages 17. After murdering Helen Scott and Christine Eadie he moved the bodies 6 miles apart in east Lothian the next day, leading to the biggest man hunt in Scottish police history. Angus was sentenced to a minimum of 37 years the given a chance of parole 20 years in his sentence and was given another life sentence after being found guilty to murdering Mary Gallacher. He was given the largest sentence in Scottish history.

The reoffending rate of young offenders is 38% and has increased by 2.3% in the past 10 years, however, has decreased by 1.3% in the last year. There are 3 types of secure centers for young offenders; young offenders insitutions which caters for those aged 15 to 21, secure training centers are for offenders aged up to 17 and secure childrens homes for children aged 10 to 14. Jamie Patrick Bulger is a 2 year-old boy or was adbducted, battered with bricks, stones and peiecs of metal leading to his death. In 1993 John Vendables and Robert Thompson both ages 10, took Jamie from a shopping center at bootle and made him walk 2 miles to his death. After beating Jamie to his death they then placed his body on a railway line for a train to eventually come and cut his body in two. They were released at the age of 18 meaning they only spend 8 years being punished for the crime they commited, only because their age if they were an adult they would have received life in prison. Jon never learned his lesson about crime commiting as he was inprisoned again in 2010 and 2017. After leaving both murderers got given new identities, and given a life long lisence.

The purposes of a young offenders instituitions One purpose is they are seen to be able get rehabilitated. Many of those who kill at a young age have been abused, seen abuse or just not had a great childhood and have never been told right from wrong and are just angry kids. Child killers’ identities are kept anonymous to be given the chance for them to rebuild their lives after the are released. Boris Johnson Is introducing tougher sentences for the worst crimes, i.e. murder which should allow child murderers to get life just like those of an older age. Another purpose is they are treated differently is that adult murderers should know what they are doing is wrong and have and understanding of what it is they are doing. Whereas children are seen as they don’t understand what they did was wrong and that a smaller punishment is enough for them to learn. This isn’t always true as there are many examples of child murderers being sent back to prison. Between the age of 10 and 17 those who commited a crime are treated differently from adults and are dealt with by youth courts and sent to a young offenders institution. Thirdly due to the law they aren’t actually classed as adult till they are 18, so can’t be tried the same as an adult.

Purposes on why and why not child murders should be sent to an adult. One point on why child murderers should be sent to an adult prison is they commited the same crime so should receive the same punishment. One purpose why they shouldn’t be sent to an adult prison is it could be to violent for them and could lead to them getting bullied inside. Another point for against child murderers being sent to an adult prison the reoffending rates of adult offenders reoffending is higher than young offenders reoffending so could be a bad influence of them and they could commit a crime again. Second point on why child murderers should be sent to an adult prison is it could show offender the negative impact they can make on the future.

So, why aren’t child murderers convicted the same as an adult murderers? It is all to do with age really, this affects the way the judge looks at the killer, impacting the sentence. My judgement on the topic is that child murderers should be convicted the same as an adult murderer. This is because a murderer is someone who has taken a life no matter the age of the killer, if I was related to someone who got murdered by a child, I believe they couldn’t be punished enough for what they have done, because once they have served their sentence they can still live a life with only a drop of guilty under the surface.

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