Право. Уголовное право и криминалистика

Suleimenov O.

L.N.Gumilyov Eurasian National University

THE CAUSES AND CONDITIONS OF CRIMES COMMITTED BY MINORS

History of the Juvenile Justice System. Until the twentieth century, there was little difference between how the justice system treated adults and children. Age was considered only in terms of appropriate punishment, and juveniles were eligible for the same punishment as adults, including the death penalty.

Over the course of the last century, attitudes toward children who committed crimes began to change. The term "delinquent child" rather than "criminal" began its development with the creation of the first separate juvenile courts, owing in large part to the development of the philosophy of "parens patriae."

Under this philosophy, criminal behavior on the part of juveniles was seen as a sign of a lack of parental care and control. Therefore, the state should step in and exercise supervision and control before the juveniles committed more serious crime.

The adoption of this concept allowed for different treatment of juveniles by the judicial system. However, parens patriae did not resolve all legal issues regarding juveniles. In fact, disparate treatment of juveniles remained a fact of life, particularly within the judicial system. This issue was ultimately addressed by the U.S. Supreme Court, beginning around 1960.

All states now have a "Juvenile Code" or "Children’s Code" that provides specific substantive and procedural rules for juveniles in the juvenile justice system. In addition to mandating state juvenile code requirements, the U.S. Supreme Court mandated constitutional due process standards in juvenile proceedings.

In the matter of a juvenile by the name of Gerald Gault (In re Gault, 387 U.S. 1, 87 S. Ct. 1248 (1967)), the U.S. Supreme Court established that a juvenile accused of a crime is entitled to the same due process rights guaranteed to adults, namely the right to counsel, the right to notice, and the right to confront and cross–examine witnesses, as well as the privilege against self–incrimination. This was a significant change. Previously, the attitude had been that children did not need these rights—the state was bound to act in their best interest under the parens patriae doctrine.

As a result of these decisions and the evolving research that has been conducted regarding children, we now have fully separate criminal judicial systems for adults and children. As an example, children are no longer "sentenced"; they are subject to a "disposition," and the focus in the juvenile system is not on punishment or retribution but rehabilitation and restitution.

Juvenile delinquency and juvenile justice have come to the fore in connection with increased problems of transition, some of them common to large parts of the world, others particularly related to the transition from authoritarian regimes in developing countries to more democratic and modern societies. Human rights, in general, and the rights of the child, in particular, are only observed to a limited extent in this connection. In recent years, however, the focus on the situation of children and juveniles, as important elements in the future build-up of vulnerable countries, has increasingly involved their exposure to and participation in criminal offences as victims and perpetrators, respectively.

Other factors that may lead a teenager into juvenile delinquency include poor or low socioeconomic status, poor school readiness/performance and/or failure, peer rejection, or attention deficit hyperactivity disorder (ADHD). There may also be biological factors, such as high levels of serotonin, giving them a difficult temper and poor self-regulation, and a lower resting heart rate, which may lead to fearlessness. Delinquent activity, particularly the involvement in youth gangs, may also be caused by a desire for protection against violence or financial hardship, as the offenders view delinquent activity as a means of surrounding themselves with resources to protect against these threats. Most of these influences tend to be caused by a mix of both genetic and environmental factors.

The administration of juvenile justice is particularly relevant as juveniles occupy an ambiguous position between children and adults, which place them in the grey area between the welfare system and the criminal justice system. There is increased recognition of the fact that not alone “the best interest of the child”, but also the need for due process and legal safeguards is relevant for a human rights-oriented stance towards juvenile delinquents. The protection of children as victims and the respect for procedural rights of juveniles require reform of many systems, some of which have until now proceeded on an authoritarian, punitive approach towards young offenders. Other systems have – in the name of welfare and protection of children – tended to underplay the need for legal safeguards, e.g. access to counsel and protection also against well-meant intrusion into their integrity, e.g. by the establishment of certain forms of juvenile deviant behaviour as (status-) “offences”.

Now each one of us feels that in the last 10-12 years the company has suffered some kind of apathy, and indifference to the plight of children. Because of the power system fault, and maybe worse, malice open access to idleness, drunkenness, drug abuse, crime among children and adolescents, the lack of moral obligation, respect and memory. The current state of juvenile delinquency, the state of their health, social protection requires the government, law enforcement agencies, scientists, non-governmental organizations of urgent measures, which should not remain on paper, as it often happens with us, and should be implemented.

The problem of juvenile delinquency in Kazakhstan remains very acute, there is no doubt. According to the Committee on Legal Statistics and Special Records of the Prosecutor General of the Republic of Kazakhstan annually detected about eight thousand juvenile offenders, almost half of them subject to criminal liability. Over the past eight years in the republic in centers for temporary isolation, adaptation and rehabilitation of juveniles placed for neglect and homelessness of more than 70 thousand minors, of which 10796 are decorated in children's homes and boarding schools.

Proceedings in the court of minors, according to Kazakh law, carried out in the framework of the general procedural form with certain procedural departures, ensure the right of this group of subjects. For example, article 492 of the Criminal Procedure Code of the Republic of Kazakhstan requires mandatory participation in the proceedings of parents or other legal representatives of a minor defendant. They have the right to participate in the examination of the evidence in the court trial, to testify, to present evidence, petitions and objections, to lodge complaints against the actions and decisions of the court.

For 6 months of 2013 registered in Kazakhstan 48833 (51580 - for 6 months of 2012) persons who have committed a crime, which is 5.3% less than last year.

Of these, 5.6% (6.6%) of minors, which in absolute numbers amounted to 2,736 (3395), ie, 19.4% less.

Reducing juvenile delinquency observed in most regions, except for Astana, Atyrau, Zhambyl, South Kazakhstan regions, where the rate remained at the same level as in the Almaty region - has increased.

Reducing the title figure, due to the dynamics of the decline in the number of population aged 12-17 years, ie children 1996 - 2001 years of birth.

This year is the most difficult circumstances of the East Kazakhstan region, wherein said figure was about 35 teenagers who have committed crimes on 10 thousand people 12-17 years of age, as well as Kostanay -. 30 and Akmola - 30.

Тhe structure of the crime was an increase in the number of minors who have committed crimes against the person, by 9.4% and amounted to 152 (139).

A substantial increase in the killings and injury to health.

Particularly serious crimes increased by 2 times.

Alarming growth in the number of juveniles prosecuted the facts of illegal circulation of narcotic drugs, psychotropic substances and precursors without the purpose of distribution and consumption of non-medical (st.320 and st.336-2 KRKoAP) by 23.1% and 5.3 %, respectively.

The problem of suicidal activity among children and the need to develop the State Program on its prevention to the General Prosecutor's Office had been raised as early as 2011.

However, in 6 regions, there has been significant growth of suicides: in Almaty (9), Akmola (30), Aktyubinsk (32), West Kazakhstan (12), Kyzylorda (16), Mangistau (32) regions, and 4 regions: South Kazakhstan (72), Almaty (42), Pavlodar (36), East Kazakhstan (34) - the highest number of them.

According to the analysis developed by a number of proposals for the adoption of proactive comprehensive response by the Ministry of Education, Internal Affairs, local executive and other interested bodies.

In general, the state of juvenile delinquency, fluctuations in its dynamic series refute the numerous statements of the media of the catastrophic growth of this type of crime. The foregoing does not mean that juveniles have ceased to be one of the most affected by the criminal groups. Therefore, no specific positive time shifts in the dynamics of juvenile delinquency, no common view on the morality of young people in general, nor their activity observed occasionally in some areas of life, including in education and politics should not be cause for complacency and denial of any particular risk of crime this species.

During the transition period, which is now facing Russian society, the instability of general social conditions, a large number of conflicts and economic difficulties are entitled to talk about the presence of the country's powerful and criminogenic and antikriminogennyh factors. In view of this important fact has to predict the state of juvenile delinquency and the ability to combat it. Using the results of criminological research of juvenile delinquency, both for its prevention and for the solution of strategic tasks of social policy of the state and society depends, on the one hand, the objective features of the latter, and on the other - on the specifics of adolescence. Differentiated and individual approach should be implemented in respect of any category of offenders, but especially minors. A distinctive feature of such a crime is a high-tnost Lathen, fast and even minor acute reaction to the negative social change.

References

1. Assorted materials from the following organizations: Human Rights Watch, The International Child and Youth Care Network, Reuters, UNICEF, and World Vision International.

2. Criminological Research Institute of Lower Saxony, self-report studies carried out from 1998 to 2000.

3. Regoli, Robert M. and Hewitt, John D. Delinquency in Society, 6th ed., 2006.

4. Siegel, J Larry. Juvenile Delinquency with Infotrac: theory, practices and law, 2002.