Clinical psychologist, Vandana Siew Sankar-Ali, has warned that trying children as adults in a court of law can backfire on the country.
She was reacting to the Sunday Guardian’s front-page story yesterday in which Homeland Security Minister Roger Alexander said it may be time for the nation to consider trying children as adults.
His statement came after a 13-year-old boy was one of two arrested in connection with an attempt to smuggle contraband into the Maximum Security Prison in Arouca last Friday. A number of students from secondary schools have also been arrested for possession of cannabis.
However, yesterday, Sankar-Ali said the decision must be carefully weighed against the reality of such a move. She told Guardian Media, “Taking that approach overlooks the critical developmental differences between child offenders and adult offenders. When we look at how children and adolescents are developing, they are still undergoing significant brain development—emotional, social, and moral development. As some of us may know, the brain is still developing way into your mid-20s. So, that means that children are not as much in control of their impulses, their judgement, rational decision-making, and so they are more prone to impulsive behaviour, to having a reduced capacity to foresee the consequences of their behaviour.”
Sankar-Ali said holding children to the same standards of culpability as adults really fails to take into account developmental limitations.
She said such a decision is taking a punitive, retribution-type of approach as opposed to a rehabilitative approach.
In acknowledging that the idea is not novel and it is instituted in some states in the United States, England, Wales, and Jamaica, she said data has shown that it does not always make a society safer.
She added, “I can say that the research that has gone into juvenile justice for decades has shown that this type of approach does not deter crime or increase public safety. In fact, taking this approach has been found to increase recidivism or re-offending, whereby the exposure of the youth to pro-criminal attitudes and behaviours, to bigger criminals than themselves, really deepens the sense of resentment, bitterness, anger, and all of the mental health issues that may be developing, which gives room for creating violent criminals in adult life.”
She went further in explaining that this type of research has led to the development of international treaties and guidelines on juvenile justice that have recommended separate systems for the treatment of child offenders from adult offenders.
Sankar-Ali concluded by saying, “Trinidad and Tobago has been a signatory and has abided by those laws and guidelines for a long time now, and to do the opposite would really be going back on a lot of progressive advancements that not just Trinidad and Tobago, but the world has made.”