Psychological theories of morality and moral development and the issue of the incarceration of ‘juvenile delinquents’ as a means of punishment

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In this essay I will discuss some of the psychological theories of morality and moral development and link them to the issue of the incarceration of ‘juvenile delinquents’ as a means of punishment. I will consider aspects of a particular ‘high profile’ case to illustrate some of my points. In conclusion I will summarize the main arguments to demonstrate the view that imprisonment is generally an inappropriate form of punishment for children.  I acknowledge that there are cultural and gender issues, in that young black males are over represented in the prison population as a whole and there is an increase in the conviction rate of females.  However, given that I will focus on the case of Robert Thompson and Jon Venables, the perpetrators of the James Bulger murder, I am unable to give these issues the consideration that they deserve within this piece of work.

Morals are a set of values, principles and rules which people learn in order to function in society. They may be written down (for example, as laws) or unwritten (for example, respecting one’s elders).   Morality is a universal concept (Brislin, 1990), which means that it applies to all cultures.  The emphasis may change but members of all societies must have a set of social guidelines in order for the structure of society to prevail. Psychologists make a distinction between moral thought and moral behaviour, that is: knowing the difference between right and wrong and acting in such a way that conforms to this knowledge.  Schaffer states that this is an outcome of the socialisation process and that a person who has “acquired a sense of morality will … behave in ways that uphold the social order and will do so through inner conviction and not because of a fear of punishment” (1996:290).  

Earlier this year Robert Thompson and Jon Venables were released from secure units, having served eight-year sentences for the murder of two- and-a-half-year-old James Bulger. The case has been notorious, with extensive media coverage, because of the fact that the boys were just ten years old when the murder was committed. As the full horrific details of the crime emerged there was widespread ‘moral panic’ and disbelief that children could have committed such an atrocity against another child. Media reports at the time bandied about words such as ‘evil’, and ‘monsters’ (Hyland 2000). The eight-year sentences, which were handed down to Jon Venables and Robert Thompson, were twice increased (to ten years then to fifteen years) following campaigning from the family of James Bulger and friends and supporters of the family.  The European Court of Human Rights later ruled the boys had not received a fair trial and, in June 2001, the parole board made the decision to release Thompson and Venables (Guardian 2001).

This highly emotive case highlighted, for many people, the deteriorating moral standards of contemporary youth; evidenced by a perceived rise in rates of juvenile delinquency.  There has been much debate surrounding the sentence that the boys received and whether or not it was a fitting punishment for the crime that they committed. Some people have argued that no account should have been made for the fact that they were ten-year-olds. There was never any dispute of their guilt, murder is murder and the boys were old enough to understand right from wrong.  Furthermore it has been argued that instead of ‘living the life of luxury’ in a secure unit, Thompson and Venables should have been sent to a young offenders institution, and then on to prison, in order for them to pay proper atonement for their crime.  It is argued that punishments for young offenders in general - not only those who commit more serious crimes - are not tough enough and that this has implications for the morality of young people.

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This view looks at wrong-doing in terms of ‘good and bad’ and does not take into account that there are other factors which have an implication on a persons behaviour, such as motivation, for instance, it is easier not to steal food if you are not hungry or if you have the means to obtain it legally.  The viewpoint that crime can not be seen merely in terms of the wrong that has been done would lead to the argument that, in the case of Thompson and Venables, the boys’ youth and background should have been seen as mitigating ...

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