Looks at the issues raised from the legal, philosophical and sociological perspectives, arguing that a thorough investigaton of the child's criminal capacity, by the court, is necessary to provide a fair and arational basis for decision making concerning criminal responsibility.
Childhood and Crime examines the treatment, by the criminal law and the criminal justice system, of children who commit serious crimes. Dr McDiarmid examines a number of serious cases, including the murder of James Bulger in 1993, from legal, philosophical and sociological perspectives, noting the paradox, and the consequent difficulties for the legal system, of accommodating an individual who is, simultaneously, both "child" and "criminal". From this, she argues that, in every case, a thorough investigation of the child's criminal capacity, drawing on developmental psychology, is necessary to provide a fair and rational basis for decisions on responsibility and disposal in respect of such children. Childhood and Crime presents a model for achieving this. The book also examines the existing response of the Scottish legal system to such children, both in the courts, and through the children's hearings system, in its search for a fair and compassionate approach which still takes account of the public interest and the need for public confidence in the criminal justice system. The Author: Claire McDiarmid is a Senior Lecturer in Law at the University of Strathclyde. [DUP logo] Cover design: Various Creative Cover illustration: From an original painting by Anna Murray