NCJ Number
68179
Journal
CUADERNOS PANAMENOS DE CRIMINOLOGIA Volume: 5 Dated: (NOVEMBER 1976) Pages: 103-131
Date Published
1976
Length
25 pages
Annotation
A SURVEY OF HOMICIDES COMMITTED BY JUVENILES IN PANAMA OVER A TWELVE-YEAR PERIOD YIELDED INTERESTING FINDINGS ON THE ETIOLOGY OF THESE CRIMES AND ON THE OFFENDER CULPABILITY, OR LACK THEREOF.
Abstract
A SURVEY OF JUVENILES CONVICTED OF SOME TYPE OF HOMICIDE IN PANAMA DURING 1963-1974 PERIOD (A SAMPLE OF 89, 68 MALES AND 21 FEMALES) IS DISCUSSED WITHIN THE CONTEXT OF THE HIERARCHY OF CRIMINAL RESPONSIBILITY ASSIGNED BY THE PANAMANIAN CRIMINAL CODES TO JUVENILES UNDER 18 ACCORDING TO THEIR AGE. GRADUATIONS OF CULPABILITY ARE THE FOLLOWING: FROM THE DAY OF BIRTH TO AGE 12-TOTAL ABSENCE OF CULPABILITY; FROM 12 TO 14-A MEASURE OF CULPABILITY DETERMINED BY THE YOUNG PERSON'S ABILITY TO DISTINGUISH RIGHT FROM WRONG; FROM 14 TO 18-CRIMINAL RESPONSIBILITY, BUT OFFENDERS ARE ENTITLED TO HAVE THEIR SENTENCE REDUCED BY HALF (FOR DETENTION) OR BY ONE-THIRD, (FOR FINES); FROM 18 TO 21 YOUNG ADULTS ARE STILL ENTITLED TO A REDUCTION OF THEIR SENTENCE BY ONE-SIXTH. THE DISPOSITION OF ALL CASES JUVENILE HOMICIDE SURVEYED WERE EITHER PROBATION, SUPERVISED RELEASE, SOME ALTERNATIVE TO DETENTION, OR ACQUITTAL. THIS STUDY DESCRIBES AND TABULATES THE VARIOUS TYPES OF HOMICIDES INVOLVED AND THE PERSONALITY TRAITS OF THE OFFENDERS, INCLUDING, WHEN AVAILABLE, THEIR INTELLIGENCE QUOTIENTS AND RESULTS OF PSYCHOLOGICAL TESTS. NONE OF THE CASES SHOWED EVIDENCE OF CRIMINAL INTENT, THE TYPES OF HOMICIDE COMMITTED WERE CHIEFLY HOMICIDES BY MISADVENTURE, NEGLIGENCE, OR VEHICULAR HOMICIDE. ONLY ONE CASE OF CULPABLE HOMICIDE WITH SOME EVIDENCE OF PREMEDITATION WERE INCLUDED IN THE SURVEY. THE MAJORITY OF THE JUVENILE OFFENDERS CAME FROM LOW-INCOME FAMILIES AND HAD EITHER LOWER-THAN-AVERAGE OR BARELY AVERAGE INTELLIGENCE. THE ARTICLE GIVES DETAILS ON EVERY ASPECT OF THE CASES, BUT EMPHASIZES SOME UNEXPECTED FINDINGS. IN ADDITION TO THE USUAL HOMICIDES BY ACCIDENT, INVOLVING A GUN THAT WENT OFF OR A CAR OF WHICH THE INEXPERIENCED DRIVER LOST CONTROL, AN UNEXPECTEDLY LARGE NUMBER OF DEATHS WERE CAUSED BY THE YOUNGSTERS IN THE COURSE OF DANGEROUS AND VIOLENT GAMES. IN GENERAL, FULL CULPABILITY COULD NOT BE ESTABLISHED IN ANY OF THE CASES SURVEYED. THE JUDICIAL DISPOSITIONS INDICATE BOTH THE LENIENCY OF JUVENILE JUSTICE IN PANAMA AND THE DIFFICULTY OF PROVING CRIMINAL RESPONSIBILITY IN HOMICIDES OF THE TYPES COMMITTED BY THE JUVENILES SURVEYED. TABULAR DATA ARE INCLUDED IN THE TEXT AND A BIBLIOGRAPHY IS APPENDED. --IN SPANISH (LGR)