Enhancing Legal Measures on Criminal Punishment for Juvenile Delinquency

Abstract

          The principle of juvenile criminal liability is to exempting or reducing penalties of minors. A child who commits a criminal offence at an age below the minimum age of criminal responsibility cannot be formally changed and held responsible in the juvenile justice system no matter how serious the crime is or in case of criminal recidivism. This system is currently confronting balancing accountability with compassion for juvenile offenders and how to effectively address juvenile delinquency with the system. This study will focus on cause of offence, Theories of punishment and the juvenile punishment measures in different countries including Thailand. Moreover, this study aims to improve the juvenile criminal liability and how to develop the effectiveness of Juvenile Justice system. In addition, to suggest the key principles in order to enhancing the juvenile justice system which should be include: 1) Considering the ground of criminal liability of minors who have committed delinquent acts together with ages of the juvenile to make the appropriate punishment 2) Considering using cluster analysis to identify categories of the juvenile for example, those who commit a criminal offence by careless and have the possibility to address the root causes of their behavior and reintegrate them back to society or those who commit a serious criminal offence by malicious intent. After clustering, the appropriate punishment could be made by the courts.