Psychometrician’s Perspective on Lowering the Age of Criminal Liability
“In most cases, children are used by adult criminals as a
front to do bad things.” -Mr. Romar Jerome Claveria
Most psychologists believe that the child’s mind is not fully developed at the age of nine (9) the age that is proposed for a child to be liable for a crime. To expand and support this, the BSDC interns invited a Psychometrician and psychology major, Mr. Romar Jerome Claveria, to answer our questions for them through Gmail due to unforeseen circumstances. Luckily, he gave us his free time. And the topic that was discussed between the interviewer (Angelica Sy) and interviewee (Mr. Romar Jerome Claveria) was his “view on lowering the age of criminal liability”.
Here are the answers of Mr. Claveria to the following questions: Just like in the first interview with the Humanitarian Legal Assistance Foundation (HLAF) staff, the last time we interviewed. We also started asking the question “What do you know about the Juvenile Justice and Welfare Act of 2006 or RA 9344?” to Mr. Claveria as an introduction and as it relates to the topic to be discussed.
This is his feedback to the questions: According to Atty. Jeza Mae Sarah V. Sanchez, Republic Act No. 9344 or the “Juvenile Justice and Welfare Act,” defines the Juvenile Justice and Welfare System as a system dealing with children at risk and children in conflict with the law, which provides children with appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, reintegration, and aftercare to ensure their normal growth and development. R.A. No. 9344 likewise raises the age of criminal responsibility from nine years of age under Presidential Decree 603 to a minimum of 15 years of age. Children in conflict with the law aged 15 and above are also exempted from criminal liability unless the prosecution proves that they acted with discernment refers to the ability to tell what is right and including programs and services for prevention, diversion, rehabilitation, reintegration, and aftercare to ensure their normal growth and development. R.A. No. 9344 likewise raises the age of criminal responsibility from nine years of age under Presidential Decree 603 to a minimum of 15 years of age. Children in conflict with the law aged 15 and above are also exempted from criminal liability unless the prosecution proves that they acted with discernment refers to the ability to tell what is right and wrong. These child offenders are also afforded all the rights of a CICL until he/she is proven to be eighteen (18) years old under the “presumption of minority” rule. In all proceedings, law enforcement officers, prosecutors, judges, and other government officials concerned are mandated to exert all efforts to determine the age of the CICL”. Based on what he said, it is not far from what Tyang said. It can also be noted that he researched this because, as a psychologist, he did not cover the laws. This was asked so that he would have knowledge or ideas for the next questions.
Speaking of the next question, the question is about whether he agrees with lowering the age of criminal liability from 15 and one days down to 12 years old. And it has a follow-up question of why or why not. And according to him: “In the current situation of our country, I do not agree because if the government would like to pursue this, they must not put CICL together with hard, cold, adult prisoners in my opinion. I think what the government should invest in is empowering and training mental health professionals to intervene and guide these CICL”. It can be concluded that Mr. Claveria will consider their circumstances of being young. According to psychology, children may have a low psychological threshold or the ability to handle problems and necessarily more intense needs as they are prone to developing trauma. It can be seen that a Child in Conflict with the Law (CICL) is a victim and should be given guidance, intervention, and rehabilitation through restorative means. As Miss Claud said, a child’s development is different in all aspects compared to an adult’s. They cannot be treated the same as adults, so this is why the Juvenile Justice and Welfare Act, or (JJWA), was developed to consider the child.
As for the third question: “Do you believe that a child that conflicts with the law deserves a second chance even if his or her offense is heinous?” He replied, “Yes. I believe that there’s still so much in store for that child. Since it is said that the CICLs were also victims of circumstances and other factors beyond their control, it cannot be denied that it was given a second chance. As children, they are not yet fully developed in all aspects. They go down the wrong path because there are events in their lives that shape their personality and cause a crisis beyond their control”.
For the fourth question: “Do you think lowering the age of criminal liability has something to do with children’s rights?” He agreed to this. According to him, “Lowering the age of criminal responsibility is an act of violence against children”. Children in conflict with the law are already victims of circumstance, mostly because of poverty and exploitation by adult crime syndicates. Children who are exploited and driven by adults to commit crimes need to be protected, not penalized further. Instead, they should be given a second chance to reform and rehabilitate. Other children may have had experiences that we do not have. There are circumstances beyond their control that are the reason why they are called “Children at Risk”. Therefore, it can be concluded that he does not agree because, as a psychometrician, he knows that the child is easily engaged in criminal behaviors, especially if he does not have enough guidance from guardians/parents.
For the fifth question: “As a psychometrician and a psychology major, do you believe that children, especially nowadays, are incapable of committing crimes?” (Or maybe we are just caught up with the idea that children are incapable of doing bad things. But, is that still the case nowadays?” And he answered back, “As a psychology major, my take on this is that a child is bound to do bad things if he/she is not properly guided by his or her parents or guardians. In addition, the environment where the child is raised is one factor to consider when analyzing his or her behaviors”. As mentioned before, the child tends to engage in crime if there is not enough guidance and time given by the parents/guardians. You mean. We, as elders or parents, have a responsibility to guide the children. They are different from us—in experience, thinking, emotional reaction, maturity, etc. They have a natural need that depends on the adults.
For the sixth question: “What could be the possible effects on a child’s mental health if he or she is treated like a criminal in the process of an investigation (like, when they will attend hearings, interrogations, and such)? And he answered, “Well, for sure, this is new for a child to experience. This may linger for a very long time and can affect his or her growth and maturation. But with proper guidance, this experience can be processed properly if it has come to that point already”.
For the next question: “Do you think it is fair for the victim or the family of the victim to just accept what the perpetrator did to them or their family member just because the offender is a child? What interventions can you suggest for victims who can’t sue the suspect because of RA 9344?”. He said, “You have to understand both sides. From the victim’s perspective, it is unfair. With this traumatic experience, I suggest that the government first provide them with to access mental health services to properly process their feelings”. YEAH, we have to understand both sides. Although it is difficult and unfair to the victim and his or her family, it must be accepted and understood. This is an event that neither the victim’s family nor the defendant’s family will ever forget, so it is necessary to give them both interventions.
As for the seven questions: “If a person’s mind is not yet fully developed at the age of 12 or even 15, at what age can a person be considered fully aware of his thoughts and actions?”. He answered that it varies from person to person, as some people have developmentally lagged due to genetics, environment, and other stressors. It is necessary to consider these circumstances. It seems that not all people are fully aware of their thoughts and actions, even if they are old enough to understand the distinction between right and wrong.
For the second to the last question: “What are some coping strategies for juvenile offenders who have been charged with a crime to deal with the psychological consequences?” “Well, therapy under a licensed psychologist is recommended. Family support and involvement also play a big role in the recovery of a child in conflict with the law.”
For the last question: because a child under 15 years old cannot be punished even after doing an offense, do you think it would be a good idea to punish their parents instead because they are the ones who are responsible for their child after all? “According to him, the ones who should be punished are the syndicates, as these children are being used by them. But if we look at the bottom part, there is a possibility that the parents/guardians will ask themselves if they have failed to guide their child, if they have failed as parents/guardians.
The interview isn’t over yet because the interviewer asked five follow-up questions. Let’s find out the answers to the following questions:
“CICLs are not mixed with elderly prisoners, there are also so-called “Bahay Pag-Asa” where they are placed for interventions. But despite that, there are not enough Bahay Pag-Asa for the number of children who become CICL even if they are only 15 years and 1 day old. If the facility is sufficient to accommodate the CICLs, do you think, in that case, children aged 12 and above who violate Philippine law can be brought to the Bahay Pag-Asa so that they can change early and not do anything bad again?”.
“For me, pwede naman kung wala nang capable parent or guardian para mag-guide.”
If a child continues to do bad things after the interventions have been given to him, what should be the next step if there are no longer sufficient remedies that are given to him so that he will change?”
“Study the case further.” The child may be a candidate for having a conduct disorder. According to the DSM-5, it is a diagnosis that is usually given to children and adolescents under the age of 18. They repeatedly violate the rights of other people, and they refuse to conform their behavior according to the law as well as to what is considered normal for their age in society. If this is the case, medication and therapy are the keys to managing the disorder. For medication, a psychiatrist will prescribe the drugs and dosage. “
“If a child is in a good family, a good environment, and a good life, has good parents and enjoys a good education, what other factors can be looked at as why a child can do something unexpected?”
“Genetics. There may be a history of conduct disorder or antisocial personality disorder in family relatives.”
“Lastly, what do you think is the effect of RA 9344 or does it have an effect on the movement of criminal cases in the country?”
“In most cases, children are used by adult criminals as a front to do bad things.”
To sum it up, the psychologist has proven that he is against lowering the age of criminal liability. Thus, he believes that Children in Conflict with Law are also VICTIMS.
