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Youngest Felons: A Proposal for Civil Prosecution of "Tender Age" Children Accused of Serious Crimes

NCJ Number
194456
Journal
Children's Legal Rights Journal Volume: 21 Issue: 4 Dated: Winter 2001-2002 Pages: 2-14
Author(s)
Diane Geraghty
Date Published
2002
Length
13 pages
Annotation
This article describes and critiques a proposal for civil prosecution of children under the age of 13 who have been accused of serious crimes.
Abstract
The article includes a statistical review of the nature and consequences of crime committed by "tender age" children, i.e., those under 13 years of age. It discusses juvenile competency and the challenges such a concept poses to prosecution of very young children in delinquency proceedings. It outlines the essential elements of a proposed Illinois civil prosecution statute and critiques the statute. It reviews research on prevention and intervention programs aimed at meeting the needs of problem youth while at the same time protecting the public. The article discusses the strengths and weaknesses of a civil prosecution alternative and, while supporting the general concept, recommends changes in the Illinois model. The article refers to data suggesting that family-based interventions can successfully alter a child's life course of delinquency. The civil prosecution alternative is one model for ensuring that young children who commit serious crimes receive the services they need and the close scrutiny that the public demands. Notes