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Juvenile Crime


            WE ARE NOT TOO SOFT ON JUVENILE CRIME.
            
             we are not draconian in our outlook with juvenile.
             Tonight, I shall be dealing with the concept of.
             doli incapax as an issue of making a legal system .
             harder and fairer to all.
             Then I shall examine some of the findings as reported .
             by the Criminal Law Review Division of the NSW .
             Attorney Generals Department.
             This debate is about making aspects of the justice .
             system harder and therefore fairer in dealing with .
             justice for those who have committed crime.
             Currently, doli incapax means that the courts believe.
             that juveniles are incapable of committing a crime.
             between the ages of 10-14.
             The Senior Children's Magistrate, Mr Stephen .
             Scarlett, has argued strongly that the appointed age .
             of doli incapax should be lowered from 14 to 12.
             since that roughly corresponds to the age transition.
             from Primary School to High School. .
             Further, in 1997/1998 of the 1117 criminal matters .
             dealt with by the Children's Court in NSW, 85% of.
             the children were 12 or 13 years of age, showing a .
             large increase in criminal activity.
             Of these 1117 criminal matters 247 entered a plea of.
             not guilty and doli incapax became a major part of.
             the law in these cases. If unable to be established by .
             the prosecutor, as is currently the case, then very likely.
             the young person in question will escape from the .
             penalty he or she might otherwise deserve.
             Therefore, we support the recommendation to make .
             the justice system harder and fairer, but not harsh. The .
             proper age of doli incapax should be from 10-12, not .
             10-14 as it is at present.
             But the solution to solving crime does not rest .
             entirely in the work of the courts. In 1996 the Juvenile.
             Crime Prevention Division of the NSW Attorney.
             Generals Department conducted a number of focus .
             groups totalling a number of 100 young people. All.
             groups were asked their views about the possibility.
             of preventing crime. .
             Several young people agreed that family and.
             parenting skills, school education and training, .


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