How to get away with murder?
Apparently, be under 14.
I watched the first two episodes of Juvenile Justice on Netflix earlier today, and it made me start thinking about the topic of punishment. This new crime drama tells stories taking place in South Korea’s juvenile criminal justice system. In the first two episodes, a 13 years old teen with schizophrenia was claimed to have killed, mutilated, and dismembered an 8 years old boy. According to a 2019 news article from Korea JoongAngDaily, the English edition of the South Korean national daily newspaper JoongAngIlbo, “Under Korea’s Juvenile Act, the maximum sentence that can be given to minors aged 14 to 18 is 15 years, while children aged 10 to 13 are considered ‘protection cases’ and are exempt from criminal punishment.” It is what the story in Juvenile Justice is supposed to be unfolding. But it turns out this is not the case. But I am not here to talk about the show.
According to B. F. Skinner’s Operant Conditioning theory, people’s behavior is shaped through either rewards or punishment. That is, no matter if you are an adult or a kid, people are encouraged to do things when they get rewards by doing it and avoid behaviors that lead them to punishment. Thus, if a child under 14 kills and receives no punishment, does it mean that society and the law unintentionally encourage such behavior, theoretically? I don’t agree with giving no punishment for rule-breaking, anti-societal actions, especially for minors who are still in the early stages of life-long self-development. Every action should have consequences. Moreover, I very much agree with Cesare Beccaria, the father of modern criminal law and the father of criminal justice, that punishment should be “swift, certain and just”. (Bernard et al., 2016)
Without punishment, a minor could become a monster, especially a kid who comes from a privileged family, because they are much more likely to get away with it. Here is another true story that I heard from a podcast called “Something Was Wrong” (episode: (Molly) Unimaginable Rage), recalled from a kid’s nanny. As you can infer from the episode name, it is a story about rage. This kid named Alex came from a very wealthy American family. He could do whatever he wanted to do without any punishment. He kicked and hit his nanny, shouting to her “you are going to be fired! You have no idea what I am going to do!” He verbally and physically abused the nanny and sabotaged the room whenever he was in a rage. The only “punishment” Alex got was his mother taking him in their luxury car to a poor part of the city . “see how others live” which his mother hoped “could push him to rethink his bad behavior and how lucky he is in this family”. This was the most surreal and dramatic moment in the episode. I cannot imagine how this Alex kid would turn out. Based on his current behavior, it is very likely that sooner or later he will become a serious risk to people around him and the whole society unless he is deterred.
I truly believe that punishment is critical in shaping behaviors for people at any age, but it should not be idle. It should be, as mentioned, swift, certain, and just.
References:
Bernard, T.J., Snipes, J.B, & Gerould, A.L. (2016). Vold’s Theoretical Criminology. 7th Ed. Oxford: Oxford University Press. ISBN 9780199964154.
Girl held for murder, but by law punishment will be light. (n.d.). Retrieved 2 March 2022, from https://koreajoongangdaily.joins.com/2019/12/31/socialAffairs/Girl-held-for-murder-but-by-law-punishment-will-be-light/3072082.html
Tags: psych424
Hello,
This was a very informative analysis of the criminal justice system when it pertains to minors. I especially enjoyed your use of the Netflix show as well as the podcast to inform your readers about your perspective. Overall, I agree with your main argument that criminal justice and repercussions of crimes committed by minors should in fact be in your words, “swift, certain, and just.”
However, I’m curious what your thoughts are on the actual juvenile court system in the United States. It seems like you focused mostly on that of Japan’s, fictionalized for the show possibly, but therein still remains my question. The sources below go into great detail about the system in the US for punishing crimes committed by minors. Do you feel that this system is certain, swift and just? Or is it better that those under 13 be punished in other ways than time in prison?
Fawbush, J., Leonatti, A., Calvopina, J., & Dahl, R. (2020). The Juvenile Justice System: Introduction. FindLaw. https://www.findlaw.com/criminal/juvenile-justice/minor-crime-is-a-major-ordeal.html
So this was really interesting to read because my discussion topic this week pertained the sentencing of those with mental illnesses. It brings to the mind of how should they be punished if there is even a punishment worth them having. Yes, someone who commits murder should be taken off the streets but people with severe mental illnesses might not be able to comprehend the punishment they receive. So following your mention of BF Skinners theory of behavior, it is even possible to shape their behaviors if they do not understand reinforcement and punishment? The more concerning issue among the judicial system regarding those with mental illness is that currently they got locked up in a hospital and put on medication, but does that go against their constitutional right of freedom? What if they do not want to take medications? How do we decide what is fair and what is wrong to treat them, especially for those at risk of violence or those incarcerated for committing violent acts? In the case you mentioned, the boy had schizophrenia, so what is the real and most humane way to handle a punishment for him?
This is one of the most continuing problems in the judicial system.