Those who commit “status” offenses, or criminal offenses that are based primarily on the respondent’s age because they would not be offenses if committed by an adult, like running away from home or underage drinking, are handled by social-services agencies rather than the juvenile court system, unless the individual has prior violations.
In most states, “a child older than seven but younger than 14 will only be held responsible if the prosecutor can show that the child was capable of forming a guilty mind. Children over age 14 are usually presumed to understand the gravity of a criminal act.”
In 2021, a 15-year-old accused of killing four fellow students in Michigan was charged as an adult with murder and terrorism.
Ethan Crumbley was charged with one count of terrorism and four counts of first-degree murder, which could lead to a life sentence if convicted.
Yes, he was named. And yes, he was arrested.
But had he committed the crime in the Philippines, he would be anonymous. The media would not be allowed to mention his name. And he wouldn’t be arrested. He would be “rescued.”
Because, although the Juvenile Justice and Welfare Law, which sets the minimum age of criminal responsibility at 15, holds “children in conflict with the law accountable for their actions,” it uses the framework of restorative, not punitive justice.
To those who are not familiar with Philippine law, Republic Act 9344 indicates that children between 15 and 18 need to undergo intervention and rehabilitation while children under 15 years of age cannot be held criminally liable.
That means the 14-year-old girl who stabbed and robbed a 65-year-old woman of her cash in Purok 7, Barangay Poblacion Ward in the southern town of Minglanilla, Cebu on Thursday, Oct. 13, 2022, would get away with it.
She would get off scot-free, even though she stabbed the victim seven times and took the latter’s P35,000 cash.
Someone who stabs somebody seven times intends to kill, not maim.
And yet she was not arrested. She was rescued. Heck, she couldn’t even be named.
You might wonder why the Philippines is so lax when it comes to dealing with minors who commit heinous crimes.
Well, I have a theory.
And don’t give me the baloney that it’s because the government cares. Because if it really does, there wouldn’t be any minors roaming the streets left to fend for themselves.
I think the government is guilt-ridden because it can’t take care of them.
To those who don’t know what I mean by this probably feel the same.