Towards a Principled Legal Response to Children Who Kill

Abstract

This article surveys common-law jurisdictions, finding that the typical response to a homicide charge against a child is prosecution and sentencing in the adult jurisdiction. Reforms, such as alterations to trial procedure, and lower sentencing starting points have focussed on mitigating the excesses of adult trial and sentence. A principled approach requires a different lens. Practical strands of an age-appropriate response include custody as a last resort and only where there is a risk to public safety, an automatic prohibition on publication of identifying biographical details, and a child-specific jurisdiction. The prevailing societal interest is in reintegration.