To What Extent Is Age A Mitigating Factor in Cases Involving Heinous and Vile Crimes Committed by Minor Offenders, Aged 16 To Under 18?

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Write an essay (about 400 words) on the following topic:

To what extent is age a mitigating factor in cases involving heinous and vile
crimes committed by minor offenders, aged 16 to under 18?
Make sure to provide relevant evidence, examples and/or explanations to
support your position.

Age is a controversial factor in determining the criminal responsibility and


punishment of offenders, especially when they are minors who commit heinous
and vile crimes. In fact, there are arguments for and against age as a mitigating
factor based on different principles of justice. While minors involving in serious
crimes should be duly punished, I believe that their age should be taken into
consideration when seeking retribution against them.
One of the reasons why age is seen as a mitigating factor is that minors are not
fully developed in their cognitive, emotional and moral capacities, and thus are
more susceptible to peer pressure, impulsivity and poor judgment. To elaborate,
research in developmental psychology reveals that the brain's prefrontal cortex,
responsible for decision-making and impulse control, is not fully developed in
adolescents. This immaturity can contribute to impulsive behaviour and a limited
grasp of long-term consequences. Therefore, even in cases of heinous crimes
committed by minors, their psychological vulnerabilities should be considered. The
case of Jamie Bulger’s killers, who were 10 years old when they committed the
crime, exemplifies how developmental factors played a role in their actions,
prompting debates about appropriate sentencing for youthful offenders.
Another justification for age as a mitigating factor is the possibility for change
in juveniles. In Roper v. Simmons, a majority of the Court held that “the character
of juveniles is not as well formed as that of an adult and their personality traits are
more transitory, less fixed”, which implied that minors have a greater potential for
change and rehabilitation than adults. Furthermore, the utilitarian perspective
highlights the importance of considering the overall societal good, which can
include focusing on rehabilitation for young offenders rather than imposing severe
punitive measures. Age, in this context, becomes a critical factor in ensuring that
justice is served not only for the victims but also for the development and
reintegration of the offender into society.
To conclude, while age is a valid mitigating factor, it does not absolve young
offenders of accountability, especially in serious offenses. Therefore, a solution
that strikes a balance between accountability and rehabilitation seems most
appropriate. This could involve tailored interventions, psychological counselling,
and educational programs that address the underlying issues that contributed to the
offense. This balanced approach not only serves the interests of justice but also
aligns with the broader goal of fostering a society that values the transformation
and reintegration of its youth.

Very good. 85/100

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