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It is often said that the law is blind, and at times, the true significance of this adage becomes evident. You may have observed that when a minor commits a crime, they do not face the same severity of punishment as an adult would for committing the exact same offense. Instead, when a minor commits a crime, they are sent to a juvenile reformatory, where they remain until they reach the age of 18; thereafter, they are released and are free to resume living their lives. It is widely believed that a minor—that is, an individual under the age of 18—lacks fully developed decision-making capabilities. Consequently, minors are prone to making mistakes, which can sometimes result in their committing crimes that carry severe penalties. In such scenarios, if a minor were to face the full force of the law, the resulting punishment could potentially ruin their entire career and life. However, our legal system grants such minors a second chance—an opportunity to atone for their misdeeds and turn their lives around. The rationale behind expunging a minor's criminal record is considered sound for several reasons. It often happens that while a minor may commit a crime and subsequently undergo rehabilitation within a reformatory, they face significant hurdles later in life—specifically when applying for jobs or undergoing procedures that require a police clearance certificate. Under these circumstances, if their record is not expunged, they would encounter numerous obstacles in their future lives and could be deprived of various opportunities; for this reason, the practice of expunging such records is deemed appropriate.
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In many instances, a minor may find themselves in a situation where they commit an offense inadvertently. However, if they can successfully demonstrate that the crime was committed solely by mistake, then such an individual should not be subjected to a lifelong punishment for what was essentially a minor error. The nature and severity of a sentence are determined after considering a multitude of factors, a process in which the courts typically invest a considerable amount of time. Nevertheless, there are certain offenses—particularly those that lead the court to question how a minor could possibly commit such a grave act—where exceptions may arise. In such cases, although the individual is legally a minor, the nature of their crime indicates that they acted with full presence of mind and committed the offense with deliberate intent; consequently, the court may sentence them as if they were an adult. Indeed, there are instances within our country's legal history where a minor has been sentenced as an adult.
Now, there are significant arguments against this approach as well. Many people contend that even if the offense is expunged from official records, can the individual truly recover from the psychological trauma they have endured? Although individuals are typically sent to rehabilitation centers, it often happens that—even after undergoing such programs—the mental trauma persists. Consequently, various complications may arise, and the individual may be forced to grapple with these difficulties well into adulthood. As I mentioned earlier, if the crime committed is of a particularly grave nature, the minor involved should not be viewed merely through the lens of their age; rather, a thorough investigation of the case should be conducted to ascertain the underlying motive behind the offense. After all, an individual capable of committing such a heinous crime should not be judged solely based on their chronological age; instead, their case should be adjudicated strictly based on the severity of the crime itself.
Considering both these factors, the conclusion drawn here is that an individual should be judged based on the nature of their crime. In today's times, individuals under the age of 18 often begin to exhibit signs of maturity; indeed, they frequently become so mature at a very young age that they acquire a significant understanding of the ways of the world. Consequently, if such an individual commits a serious crime—and it is established that the act was committed intentionally—then, regardless of how young they may be, they should be punished as an adult. Conversely, if an individual has committed a minor offense, they may be sent to a rehabilitation center as a minor. There, they should undergo comprehensive psychological therapy and remain at the facility until they have fully returned to a normal state of mind. This is crucial because, quite often, individuals who commit minor crimes harbor underlying mental trauma; if left unaddressed, this very trauma can plague them in the future. Therefore, it is imperative that they overcome this trauma, and to that end, proper counseling must be provided.
There is a significant need to change certain things right now.
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