INTERVIEW – The idea of lowering the penal majority to 16 resurfaces with the proposal of François Fillon. A measure long fought by child psychiatrists.
It is a recurring proposal, even more during an election period: to lower the penal majority to 16 years. Align the penal regime of these young people with that of adults. Recently, it was François Fillon who suggested it as a remedy for violence between young people in the suburbs and the police. This Monday, he should come back to this proposal during his visit to Meaux (Seine et Marne), in the city of Jean-François Cope. He is not the only one to occupy the niche: before him, Rachida Dati and many others have worked there. In all, the 1945 ordinance introducing juvenile justice has been amended about fifty times.
At such times, our politicians fail to recall that like all other citizens over 13 years old, these young people are already liable to prison terms. Only, they are not subject to adult justice. In France, juvenile delinquents go before a children’s judge, are subject to specific sanctions and are subject to educational measures.
This principle is being called into question on the grounds of a supposed evolution of contemporary youth, who have become more violent, more mature, more responsible for their actions. What does psychiatry say about it? Gérard Shadili, child psychiatrist at the Institut Mutualiste Montsouris, (adolescent and young adult psychiatry service), former legal expert in Vannes, explains his vision.
In 2016, at 16, are we still a child?
Dr Gérard Shadili: A 16-year-old is not an adult. It was the case yesterday; It’s always like that. To be convinced of this, we can recall the data on the cerebral functioning of this population. Imaging has shown that up to 20-21 years of age, the cerebral cortex is still developing. This area of the brain is involved in planning, thinking, controlling and inhibiting behaviors.
In the 1970s, judges were aware of the undeveloped character of minors. The passage of the majority to 21 years, accompanied by the right of emancipation, posed to them great difficulties. Today, public opinion has an increased demand for severity and repression towards young offenders, stimulated by political discourse. Youth is viewed as dangerous. It was also the case in the 1970s with the thugs, or the gouapes before them.
In reality, it is not more violent, but it no longer has a frame. By wanting to refocus the debate on the degree of guilt of adolescents, the political class is trying to erase its failures. Our mistakes as adults… The illiteracy rate in grade 6e (20%), the unemployment rate among young people, addictions, guettos, withdrawal from school, the list goes on. Juvenile delinquency is multifactorial, it must be treated as such.
Gérard Shadili, child psychiatrist: ” Studies show, for example, a loss of empathy among young people linked to violent video games. Which are designed by adults …“
However, is juvenile justice adapted to these young delinquents?
Dr Gérard Shadili: Since the 1945 ordinance, juvenile justice has recognized the primacy of education over repressive measures, with the idea that adolescents who have not completed their development should be supported when they are on the wrong track. This does not mean that we do not sanction; only, a punishment only makes sense if it is combined with educational measures.
We must remain attached to this specificity. It is absolute nonsense, from a methodological point of view, to want to treat adolescents and adults equally. The primacy of education aims to build a measured decision-making capacity, an awareness of evil, good and institutional respect.
But is this justice effective?
Dr Gérard Shadili: It doesn’t work as badly as they say. Only, it involves investments, which bear fruit in the medium and long term. In a political culture of immediate effectiveness, this approach struggles to create space for itself.
In Vannes, I worked within a multidisciplinary mobile team (CAPADO), with an educator and a nurse. By bus, we accompanied young people in the care of ASE and PJJ (Social Assistance for Children and Judicial Youth Protection), with particularly difficult profiles. For three months, in addition to the usual follow-up, they benefited from individualized support, with a biopsychosocial approach. We took them to medico-psychological centers, we built an educational project, including the parents.
The results were very interesting. The young people clung to schooling or a local mission project. Helping and supporting, rather than condemning these young people, produces real results. We have not succeeded in convincing the authorities to generalize this system, for questions of political vision.
Juvenile justice: figures and penalties
“The penal majority applies to 18 years. For the same facts, a minor cannot be punished as harshly as an adult (except in extremely rare cases). However, the closer a minor approaches his majority, the more he incurs a significant number of sanctions, ”explains the Ministry of Justice on its site.
Before 10 years of age, a minor can only receive educational measures: remittance to childcare services, placement in an educational establishment or even a day activity measure (upgrading to school level, support for learning…). From 10 to 12 years old, the minor also incurs “educational sanctions” (confiscations, civic internship, etc.). From 13 to 18 years old, he also risks a fine of up to € 7,500, placement in a closed educational center and prison.
According to figures from the Ministry of Justice, most of the minors involved are for non-violent offenses, mainly property damage. In 2013, the juvenile courts handed down half of the sentences and half of educational measures.
Judicial responses to juvenile delinquency have become systematic: “in 1994, the criminal response rate in cases involving minors was 60%, in 2013 it was 94%”, indicates a report published by the Ministry of Justice . Finally, the statistics relating to the convictions of young people do not reveal any rejuvenation of delinquency: for 30 years, we have observed that the number of convicted persons according to age has been stable.
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