Kairos Le C.

Lasta

October 4, 2013 Age: Immaterial Basis for Crime Conviction

At present, it is not anymore new in our society that crimes are now diversified that it now even involves children with ages ranging from 9 to 15 years old. To be factual, according to a study, it showed that a lot of crimes involve children even at their young age of 11 here in the Philippines. With this statistics, it can be argued that children nowadays are more inclined to do crimes since they know that being a minor exempts them from criminal liability. Having this notion I stand that age should not matter as the basis for a child to be considered exempted from the crime committed for it is difficult to determine the state of mind of a person unless he or she is being studied by a specialist. I. Lack of intelligence or knowledge for young-aged person is not sufficient for one to be exempted from his or her criminal liability a. Logically, if a child commits a crime without the influence of a third person then he does it with his own free will and since he does the crime he has all the intent of committing such. II. Is there equality between adults and children in relation to the difference in treatment of the court despite the fact that we are all equal with regards to other rights? a. We are all equal when it comes to right to life, liberty, etc., why make a special treatment for those young-aged people who willfully do the crime. b. III. Conclusion a. Criminal liability should not be limited as to its implementation in respect to ones age because ones state of mind is difficult to determine except if carefully studied by specialists. b. To determine lack of intelligence to a young person is very difficult thus insufficient to be the basis for exemption for a criminal liability c. Since we are all equal to our other rights, we should not give special rights to young-aged person who willfully committed the crime.

d. It would rather suffice to implement that in determining whether one is guilty of criminal liability the law should always go back to the elements that constitute a crime: freedom, intent, and intelligence. e. For justice to really be served, lawmakers should review that current status of the Juvenile Justice and Welfare Act.