Citation

Crofts T, Delmage E, Janes L. Youth Justice 2023; 23(2): 182-200.

Copyright

(Copyright © 2023, National Association for Youth Justice, Publisher SAGE Publishing)

DOI

10.1177/14732254221104896

PMID

unavailable

Abstract

Children receive sentences underpinned by deterrence theory in many jurisdictions, as demonstrated by recent cases in Australia and England and Wales. This article explores whether deterrent sentencing is justified from a legal, criminological and neuroscientific perspective. Analysis of international instruments suggests that deterrent sentencing conflicts with children's rights, particularly the obligation to factor in the child's age and best interests. There is scant criminological evidence that deterrent sentencing works for children. The principles that underpin deterrent sentencing are at odds with the way children make decisions according to recent neuroscientific evidence. Principles of deterrence should not apply when sentencing children.

Keywords: Juvenile Justice

Language: en