The bi-polarity of the justice system, which recognises only victim and offender, clearly fails children in these situations. The stories of those like twelve-year-old Bailey Kurariki (NZ 2001), James Bulger’s ten-year-old killers (UK 1993) and eleven-year-old Mary Bell (UK 1968), all of whom were charged and sentenced, point toward a “punishment system” that in no way takes into consideration that these children were too young to be held solely responsible for their actions.
A system that believes kids can be guilty of violent crimes without asking, “How did they become capable of violent crimes?”, is one that lacks empathy and compassion. Having empathy and compassion for the kids does not diminish feeling for the victims. It simply acknowledges the existence of complex situations that don’t follow “victim/perpetrator” patterns.
It could be easy to decide, instead, that parents are at fault, but even this logic is too simple. What we are dealing with is the result of generations of dysfunctional family systems, poverty and inequality.
Until this dynamic is acknowledged and a new system is designed to deal with it, we will see more and more children creating victims as well as being victims of their upbringing and of the justice system.