Thursday 27 January 2011

America Oh America...land of the free...unless you are a child...

America, Oh America...Land of The Free...Unless You Are a Child...

America, along with third world country, Somalia are the only two nations that have refused to ratify the UN Convention on the Rights of the Child, which rules out life sentences with no chance of release for crimes committed before the age of 18.

America, oh America, a country that claims to be a progressive force for human rights...But what do they really mean? The human right to own a gun? Jordan Brown an 11-year-old boy legally owned a children's rifle and it was with this weapon he allegedly shot in the back of the head and killed his father's girlfriend and her unborn child (who died as a consequence of the mother's death).

The evidence to date indicates Jordan Brown is guilty. If so I don't doubt that it was intentional, I don't doubt that he knew by shooting her in the head he would be killing her, and I also don't doubt he knew what the consequences were (whether he understood them fully is another matter). At the time I don’t think he cared, goverened instead by forceful emotions raging in a young mind not equipped to deal with them.

What interests me is what drove this child to do this and what were the failings in the home or society that led to it.

I often wonder that if parents were held responsible for their child’s actions, whether there would be less child crime? Certainly families with problems would be forced to seek help. So I ask shouldn't the responsibility of a child’s crime be shared when a child is the responsibilty of adults and the state at large?

If children were fully responsible than why are they not given the right to drive? Why don't we have mini cars out there for kids? Sound ridiculous right? But driving a car is like riding a bike when you learn how, it becomes easy - second nature. Surely the reason why there are not cars for kids on our busy, dangerous roads is that there is an obvious need to protect children, who are vulnerable and not just because of their smaller size but because they have yet to learn and develop the necessary emotional and mental skills required for the responsiblity of driving.

How about alchohol – isn’ it bad for humans as a whole? If children are deemed responsible enough to own a gun then why not give them a bottle of whisky and advise them when it is appropriate to drink, telling them a glass on special occassions is ok? And sex. Why not make it legal for children have sex with each other. It feels physically good at any age. All the bits work and children experiment with themselves and other children as a normal part of development. So why not encourage it and have pajama parties where adult accessories are provided. Obscene right? As obscene as giving a child an adult accessory like a gun!

There are very strict rules about the need to overtly protect children from sex , so why in Gods name would you legally give a gun to an 11-year-old boy. It just blows me away... What would it take for America to irradicate its gun law...a text from the Bible saying so...in the same way as sex – virginity inparticular - is Godlified perhaps?

Ok, say Jordan is guilty of double murder. Should he go down forever and never have the chance to redeem himself?

Most of you will remember the Bulger case: the horrific, senseless torture and murder of three year old Jamie Bulger by two ten year old boys. It was reported that the accused children came from broken down, dysfunctional homes. Many children do and do not murder. These children were failed. At the time of sentencing there was an uproar and the British nation was divided about the sentence given to these children. Most people reacted from an emotional stance of – Off with their heads - Reactions are frought with ego and do not serve the greater purpose.

Over all these children had a lot to answer for but who else did?

These children served their time and years later upon release one of the boys was accused of another crime...Many people threw their hands up in the air with an “I told you so”, reinforcing the need for harsher sentencing. Should both boys then have spent their lives incarcerated? Is reform really possible?

Personally I believe, absolutely yes! Should the parents share the responsibility for their children’s crimes? Absolutely yes! Should society share the responsibility for a child’s crime? Absolutely yes!

But what then in cases where a child comes from a good home and crime free neighbourhood? Who shares the responsibilty then? Maybe the kid was a bad apple...or maybe he just had a bad day...but in America where the kid is legally given a gun, isn't the state now responsible? Wasn’t it them authorising this child to own and use a weapon before the child had developed enough to find another way to resolve his problems. As we know many adults don't find this way but shouldn't we be giving children the chance?

Instead of ripping Jordan Brown of his rights perhaps America, oh America, should stand as tall and proud as the Statue of Liberty and hold the torch for the freedom of its children...free to not be incarcerated for life....

Article 37 UNCRC :

States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age;

http://www.crin.org/docs/resources/treaties/uncrc.asp#One

CRIN – Children’s Rights Information Network

4 comments:

  1. I'm sorry to learn that America has such a law where a kid is allowed to own and use a weapon that can take a life. I am going to circulate this to many.

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  2. Me too, I am horrified. The first criminals are the ones who let the child having a gun.
    Even adults should not have guns, unless they are in the police.

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  3. First I would like to say that as a Canadian, I am horrified by gun laws in the US, period. Of course that kid shouldn't be held accountable as an adult. But look at what happened in Guantanamo Bay to Omar Khadr, at least the US is treating it's own citizens as savagely as others.

    However, I would be wary of the "laying blame and responsibility" line of justice. Is it the parents? Do you have a child, and do you know how easily they can slip away from you without you knowing, despite how great a parent you are. Even kids from "perfect" homes might interpret their lives differently.

    ( as an aside, I am always wary of the terms "good kids" and "bad kids" when I was in New Zealand, I noticed that no one used the term "bad", people were "naughty" which seemed less of a judgement call...)

    Is it the community? Perhaps as much as the parents, you could start laying blame ( and perhaps should) , on teachers, neighbours, friends, other family members like uncles.

    But then what? After all the blame is laid, the crime has still been committed. What then?

    There are so many studies that show that raising the punishment does not deter crime, and that jail-time only succeeds in teaching a broader criminal skill set, and creating wider group of criminal friends.

    The issue it seems to me is not that the justice system is treating that child as an adult, it's that the system of reformation of "criminals" doesn't work no matter who takes the blame.

    Blame and punishment forms of justice don't seem to be working in North America, where - no matter what the punishment - crimes are still being committed. I would say that a new form of accountability needs to be taken all together. One in which the family, community and child/adult are taken through a process of fair accountability and reform.

    That would indeed be justice.

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