Abstract
The involvement of secondary school students in Malaysia in criminal activities is escalating and causing alarm to the society as a whole. There are several identified categories of crimes involving secondary school students, for instance theft, snatching, rape, housebreaking and robbery. In Malaysia there are specific legal provisions that govern criminal acts committed by those between the ages of 12 to 18 years old. Those provisions are the Penal Code and the Child Act 2001. From those provisions it can be seen that the age of criminal responsibility under the Malaysian criminal justice system is 10 years old while the definition of a child under the law is below 18 years of age. In consideration of the current scenario in Malaysia, this article seeks to discuss the relevant legal provisions pertaining to the status of school going children who committed crimes. In doing so, it will then be possible to identify the extent of their criminal responsibility and the types of punishment that may be imposed on this category of offenders. DOI: 10.5901/mjss.2015.v6n4s3p403
Highlights
The Malaysian juvenile justice system to a large extent is based on the United Nations Convention on the Rights of the Child (UNCRC)
The United Nations Standard Minimum Rules for Administration of Juvenile Justice adopted by the UN in 1985 provide a detailed and comprehensive framework for the standards to be met by a national youth justice system at each stage of the process for dealing with children who commit criminal offences (Caroline Ball, Kevin McCormac &Nogel Stone, 2001)
The Malaysian Child Act 2001 is expected to be a comprehensive mechanism in handling the issues of children who involve with criminal behaviour
Summary
The Malaysian juvenile justice system to a large extent is based on the United Nations Convention on the Rights of the Child (UNCRC). Student involvement in index crime totalled 1632 cases in 2013 as compared to 1042 cases in 2012, an increase of 57% (http://www.thestar.com.my/Opinion/Letters/2014/04/14) Based on this source, in 2013 there was a 47% jump in nationwide violent crime among minors aged between 12 and 17 with some even involved in murder and rape. Cases of violent crimes among school children in Malaysia went up from 368 in 2012 to 542 in 2013 This shows that the involvement of Malaysian school students in criminal activities is escalating. According to the Malaysian Crime Prevention Foundation, the most common crime committed by youths, including school students is shop theft They are involved in violent crimes such as murder, rioting, extortion and unlawful assembly. The following discussion shows that school students from the ages of 7 and below 10 will be exempted by the Malaysian law from any criminal liability and they will never be guilty of any criminal offence
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
