Opinion: Children Who Do Adult Crimes Get Adult Time?

By Michael J. Tyler

The phrase “children who do adult crimes get adult time” encapsulates a punitive philosophy often debated in the context of juvenile justice. While it appeals to a sense of fairness and accountability, this approach risks overlooking the fundamental differences between children and adults in cognitive, emotional, and moral development. In Australia, where criminal responsibility begins at just ten years of age, the debate touches on profound questions about justice, societal protection, and the potential for rehabilitation.

Justice or Retribution?

Supporters of the idea that young offenders should face adult penalties often cite the severity of the crime, arguing that justice demands proportionate punishment regardless of the perpetrator’s age. This perspective stems from a belief in personal accountability and the need to protect society from dangerous individuals. High-profile cases involving violent crimes committed by juveniles fuel public outrage, leading to calls for harsher penalties. However, equating justice with retribution risks ignoring the rehabilitative goals central to juvenile justice systems.

Children, by their nature, lack the maturity and foresight of adults. Neuroscientific research confirms that the brain’s prefrontal cortex—responsible for decision-making and impulse control—does not fully develop until the mid-twenties. This raises ethical concerns about applying adult sentencing to children, as it disregards their capacity for change and the mitigating factors of their age and environment.

The Purpose of Sentencing

In Australia, sentencing principles aim to balance retribution, deterrence, rehabilitation, and community safety. Adult sentences for juvenile offenders skew this balance, prioritising deterrence and punishment over rehabilitation. While incarceration may temporarily protect society, it often exposes young offenders to environments that exacerbate criminal behaviour, hindering their ability to reintegrate into society.

Moreover, punitive approaches fail to address the root causes of juvenile crime. Many young offenders come from disadvantaged backgrounds, experiencing trauma, neglect, or systemic inequality. Treating them as adults ignores the social and environmental factors that shape their behaviour and perpetuates cycles of disadvantage.

The Case for Rehabilitation

Australia’s juvenile justice system traditionally emphasises rehabilitation, recognising that young people are capable of significant change. Diversion programs, restorative justice initiatives, and community-based interventions have proven effective in reducing recidivism and supporting young offenders to lead productive lives. These approaches align with Australia’s obligations under international law, including the United Nations Convention on the Rights of the Child, which mandates that the best interests of the child be a primary consideration in legal proceedings.

However, calls for tougher penalties often undermine these efforts, particularly in cases involving serious crimes. While accountability is crucial, it must be proportionate and informed by an understanding of juvenile development. Sentencing should focus on providing opportunities for young offenders to take responsibility for their actions, make amends, and access the support they need to rebuild their lives.

A Balanced Approach

To navigate this complex issue, Australia must resist the temptation of simplistic solutions. A balanced approach that considers the severity of the offence, the offender’s age and circumstances, and the potential for rehabilitation is essential. This requires a commitment to evidence-based policies and investment in preventative and rehabilitative measures, such as mental health services, education, and family support programs.

Ultimately, children who commit serious crimes must be held accountable, but this accountability should reflect their unique capacity for growth and change. Adult sentences for juvenile offenders may satisfy a desire for retribution, but they do little to promote justice in its truest sense—a justice that values rehabilitation, community safety, and the potential for redemption.

By recognising the developmental differences between children and adults and prioritising rehabilitation over punishment, Australia can uphold its commitment to justice while fostering a more equitable and compassionate society.