Criminologist opposes Alexander: Minors tried as adults 'scarred for life'

Criminologist Darius Figuera has said the suggestion by Homeland Security Minister Roger Alexander to try minors as adults in the court of law will leave them scarred for life.

Alexander’s comment was made on October 5 after a 13-year-old was arrested along with a 26-year-old for attempting to smuggle contraband via drones into the Maximum Security Prison in Arouca on October 3.

Alexander told the Guardian that it is a practice worldwide and could result in positive behaviour change among youths.

But Figuera said trying minors as adults does harm on multiple levels, especially if they are put in adult jails.

“You immediately expose that child to adult, hardened criminals, where they are easily abused, sexually and otherwise. They are also exposed to hard criminality, which makes it immensely difficult to rehabilitate them," he said.

He said results from US studies on children put in adult prisons show that most of them become hardened criminals when they are released.

“They take out the rage they leave prison with upon innocent people in the society, and go through a cycle of relapse even higher than when you imprison adults, because these minors are socialised to hardcore criminality....They are scarred for life."

Alexander said, “The question arises, would trying minors as adults for being involved in a smuggling operation in prison deter the continued operation of the smuggling network?”

Figuera said the answer is no.

“It is the practice of any illicit organisation to recruit minors…the research record has not as yet substantiated that trying minors as adults has, in any way, in jurisdictions that are doing it, discouraged criminal activity among minors.

“All the places that have applied this rule have to keep building more and more (prisons) because they fill them, and in the case of TT our remand yards are already filled...

"The US research data shows that when you place children into an adult prison system, you scar them for life, and they become very difficult to rehabilitate because they’re taken in during their formative years and they take on the behaviour and values of the criminals in that environment. And they become very reckless with it and when they get out of prison and go back into wider society they have a propensity for violence.”

He said when they come out with that criminal knowledge, they easily form gangs of their own and become gang leaders.

"My concern is the impact it will have on the community, because innocent people will pay the price for that decision,” Figuera said.

He said the hammer should be brought down on the criminals who recruit children to commit crimes, rather than the children themselves.

'TT would run afoul of int'l human rights'

Figuera also noted that such an adjustment would require changes to the law and potentially have a negative impact on TT’s relationship with human rights organisations.

“We can be challenged before all and any organisations and international jurisdictions' courts dealing with the rights of the child, and we are signatories to the rights of the child. And it is in direct conflict with even our Children’s Act.

“...And remember, the present Prime Minister in her first term, passed the rights of the child legislation in TT and created the Children's Authority.”

He said that before any decision is made, the data from jurisdictions that implement this rule must be carefully studied.

Psychiatrist Dr Varma Deyalsingh said the psychological aspects of the change also need to be considered.

“If a child has a disorder called a conduct disorder, where they might be violent, committing arson and resentful of authority and get into trouble with the law, regrettably, some of them will as adults develop an antisocial personality disorder."

He said this leads to psychopathic behaviour that needs to be monitored for public safety.

He emphasised the need for judicial discretion, where judges will decide, along with psychologists, to decide if the child should go to an adult court.

“Let the victims of the crime or their relatives have a part to play also.”

He said, although there may be instances where a child could go before an adult court, he rejected the idea of them being put into an adult prison.

“That has shown negative effects like them being influenced, so you have to get a special holding bay for them.”

His sentiments were echoed by Figuera who said special facilities need to be created for minors.

“Facilities that are entirely rehabilitative so that when they’re inducted into these criminal organisations they face the family court, they’re placed in this facility that’s made to bring about a rehabilitated person that can be re-integrated into society.”

He said this must be done because the current facilities that exist for minors are not fit for purpose.

“It is just a watered-down jail and in the entire system there is a dire absence of a focus on rehabilitation.”

Deyalsingh said parental responsibility is also a crucial factor.

“We also have to look at parents who may see a child going astray and wouldn’t reach out to say they think their child needs help or treatment. Sometimes parents may be hesitant because the places where those children are housed may not be up to mark…There’s a lot of changes that need to be done.”