Juvenile justice: is raising the legal age of adulthood the answer?

On January 12, Buaphan's lifeless body was discovered in a pond near a school in Aranyaprathet district, Sa Kaeo Province, with severe head and face injuries. Her husband, Panya was arrested and later admitted to the crime.

Security camera footage, obtained by a reporter from Channel 8 News, revealed the real culprit: the teenage gang, who beat Buaphan then transported her unconscious body to the pond where she was later found.

Only after the footage was aired did the authorities apprehend the five teenagers and release Buaphan's husband.

Pol Col Pichet Srichantra, the Aranyaprathet police station commander, faced a 30-day transfer to an inactive post at Sa Kaeo police headquarters after audio clips surfaced, suggesting the mistreatment of Panya during the investigation into his wife's murder. The teenagers were later sent to a juvenile detention centre.

The incident is as much an example of police delinquency as it is of juvenile crime. Understandably, it has also propelled the public to share their opinions about juvenile justice, with some arguing that lowering the legal age of adulthood, thereby exposing teenagers to harsher penalties, would help lessen crimes by youths.

But this isn’t the first time that this type of controversy has led to heated debates.

In 2023, there were many cases of violence committed by teenagers, among them two schoolgirls, aged 12 and 13, drowning a 15-year-old girl in a rice paddy in a conflict over a boy.

Last year, the public also witnessed an infamous mall shooting in which the culprit was a 14-year-old boy who killed 3 people and injured 4.

Dr Namtae Meeboonsalang, a public prosecutor, argues that focusing solely on reducing the age of individuals involved in criminal activities is not a sustainable solution and says that lowering the age limit would not address the systemic root cause.

“We need to shift our focus to the societal aspects that contribute to the permissiveness and laxity within our community,” he added.

The seasoned public prosecutor said that police and civil servant corruption is responsible for the prevalence of youth violence. Inappropriate behaviours that are not dealt with by the law signal that it is easier to get away with illegal activities.

Authorities complicit in bribery perpetuate a society rife with criminality. Without addressing this core issue, expecting an enhanced justice system to improve societal conditions is unrealistic.

Also, corruption breeds delinquency. This is evident in the widespread use of narcotics, entertainment venues operating beyond regulated hours, and drug use in these establishments.

This environment fosters criminal tendencies among children and youth.

“Our society becomes a hotbed for criminals. The question arises as to why these illegal activities persist, this is due to the support and tolerance of such environments,” said the prosecutor.

Legal treatment of children

In Thailand, the legal framework treats children and adults similarly in terms of penalties for grave offences like murder, theft, and coercion. However, the differences lie in the interpretation and handling of these cases.

Rather than stigmatisation, the justice system focuses on rehabilitation, avoiding punitive legal processes on children.

The debate on lowering the age definition of children in legal terms, which could lead to harsher punishments akin to those for adults, overlooks the lack of age-appropriate rehabilitation and correction processes, Dr Namtae said.

He argued that imprisoning youths like adult criminals means exposing them to real criminals in a densely populated environment.

A tightly controlled prison system cannot effectively rehabilitate and restore these children. By focusing only on the age aspect and reducing the age, society can inadvertently push them towards greater criminal behaviour.

He added that children aren’t labelled as criminals but rather as deviants or juveniles.

The persecutor pointed out that when youth violence occurs, society often shifts the blame to the parents while overlooking systematic issues.

A society fostering juvenile delinquency, especially resulting from officials accepting bribes, is the larger problem. This shifts the focus from parental responsibility to systemic societal issues.

He stated that parents struggling to make ends meet can’t always provide ideal guidance. Therefore, it’s unfair to solely blame them.

School is the first battleground

Dr Wilaiporn Kotbungkair of the Thailand Association of Social Workers points to a lack of evidence supporting the efficacy of reducing the legal age of adulthood, adding that in her view, the changing dynamic of today’s society and parental time constraints are the main factors contributing to the prevalence of violence committed by youth.

Dr. Wilaiporn clarified that the association does not support the reduction of legal age but advocates for more effective prevention strategies, saying that the solution is a collaboration with the Office of Basic Education Commission (OBEC) to address youth violence, as well as other social problems, by providing teachers with training to equip children with necessary social skills at an early age.

She added that while the OBEC acknowledges the problems and agrees with such preventive measures, the challenge lies in human resources and budgetary constraints and a clear roadmap.

While teachers should focus on teaching, they should also receive direct training to detect and address societal pressures that can affect the development of children.

Dr Wilaiporn stressed the importance of early intervention, proposing the placement of social workers in schools or equipping existing school personnel with social work administrator skills. She said that plans for training are in place, with a tentative schedule in March. However, due to budget considerations, the details are still up in the air.