Too often stories about the news about children are in trouble with the law. Some bring guns or knives in school, others shop or steal cars, and of course there are always those who come in fights. Often, the public space requires something to be done against both the parents and the child. So who is responsible when a child violates the law?
The answer is different depending on a number of factors. First, it depends on whether the child is prosecuted to break a sentence or to sue something civilians. In the case of criminal activity, most crimes have an element that requires intent. Since a parent is not an actor in the crime and therefore lacks the intention of the crime, they can not be prosecuted for the crime. However, in a few cases, if the crimes only occurred due to parents lack of care for the child, parents may face some form of charges, albeit for another crime as childcare.
The child will of course also meet different types of fees and penalties based on their own circumstances, such as age, demonstration of knowing the right from the wrong, previous record and so on. In some cases, a child can not be charged if they were so young that the incident was a clear mistake, such as a young child who gets a parents weapon and shooting someone. If a child is old enough to know better, they will usually pay as a child and face youth judgment. These penalties are usually easier than for adults, and if they imprisonment, the child is usually sent to a youth facility. However, if the child showed a clear understanding that what they did was wrong, especially in more serious crimes such as murder, the child may be tried and sentenced as an adult.
In civil cases, on the other hand, the situation is usually reversed. Children are rarely responsible for their bad actions, but their parents stop having to pay the bill. For example, if a 12-year-old dies in a fist camp in the school yard and kills another childs tooth loss, the injured child could sue the young robbers parents to the injury. From a political point of view, this gives a lot of meaning. Nevertheless, it is unlikely that a 12-year-old has any meaningful source of income and probably would not be able to pay for medical expenses. Because civil liability is trying to put the injured in the position they would have occupied for damage did not occur (or as close as possible through payment of money), it would not make sense to limit the extent of responsibility for a child who can not do refund. In fact, from a legal analysis point of view, it is similar to a pet owners responsibility for damage that their animals may cause. In both cases, the actor who actually causes the injury lacks the legal ability to choose to cause the injury and has no way to remedy the bad measure. Thus, it falls to the person responsible for training the child or the animal about appropriate means of acting publicly to pay for the damage caused by the lack of discipline.
In a disturbing new trend, a number of parents have begun to actually help their children in investigations and crimes. Examples include cyberbullying where parents participate in another childs internet retention, fighting for childrens sports events where parents are involved and even delivering children with drugs or weapons to engage in criminal activities. In these cases, both the parents and the children can face charges for the affected offenses, as both were active participants in these activities. While parents can be charged as adults while the children are charged as young people, this is not always the case in these cases. Courts have begun to admit that these children have been indoctrinated in a culture of criminal activity from an early age, being well aware that what they are doing is legally incorrect and are most likely to participate in relapse. As a result, these children are more often charged as adults right with their parents.
If you are the parent of a child who is in violation of criminal or civil liability, you should immediately contact a lawyer to assist you. In case of a criminal case, the state will appoint a general defender if you can not afford a lawyer.