Tell it to SunStar: Science against lowering MACR

THE evidence against lowering the minimum age of criminal responsibility is sound, well-documented, persuasive and overwhelming.

For criminal justice systems all over the world, determination of criminal liability rests on the notion of discernment. As defined in the “Rule on Juveniles in Conflict with the Law,” discernment is “the mental capacity to understand the difference between right and wrong and its consequences.” Evidence derived from numerous and exhaustive scientific research on child and adolescent development revealed that children differ from adults in decision-making, control of their impulses, identity development and overall maturity.

Studies have shown that the brain of children and adolescents is still in the process of development. An expert witness during the first Committee hearing also pointed to scientific findings that established that brain development continues to progress well into early adulthood. Anatomically, the pre-frontal region of the brain and its corresponding brain activity continue to undergo significant changes. This region of the brain is responsible for impulse control, decision-making, long-term planning, regulating emotions, and evaluating risks and rewards. The physiological immaturity of the brain around puberty may stimulate adolescents to crave higher levels of novelty and engage in more risk-taking behavior.

Also, compared to adults the decision-making capacities of a child or adolescent are diminished by their psychosocial immaturity. Their limited exposure to life experiences deprive them of the facility to contemplate and think through the future implications of their choices. This psychosocial immaturity also leads to a marked difference between an adult and children/adolescents on how the latter would respond to external pressures as they easily succumb to peer pressure and give in to impulsiveness.

Specific to the Philippines, as earlier cited, in a research conducted by the University Research Center of the Pamantasan ng Lungsod ng Maynila entitled, “Beyond Innocence: A Study on the Age of Discernment of Filipino Children” where age of discernment is operationalized to mean “the specific age level during which an individual is able to demonstrate a pattern of reasoning that generally conforms with what are conventionally acceptable,” the age of discernment of Filipino children has been identified at 15 years old. It has been determined that at this age, the Filipino child has had enough experience of the world to develop logical thoughts that will help her/him facilitate the formulation of hypotheses and examine abstract ideas. Confirming this, the Psychological Association of the Philippines, in their strong opposition to the lowering of the minimum age of criminal responsibility points out that while adolescence might be a time when a significant number of minors would engage in some form of delinquent behavior, they have not established a “criminal identity” and would eventually outgrow them. It is the exposure to pervasive personal and environmental risk factors over time that would construct criminal behavior.--AKBAYAN SENATOR RISA HONTIVEROS ON SENATE BILL 2198

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