Let’s say my preschooler beats up another kid. Or he steals something expensive from a store without my knowledge. Cops/security catch him – what happens? It’s clear I am upset with his behavior but I cannot control him. Has a crime been committed? Can I be prosecuted? Can he, as a juvenile?
IIRC, in Canada under a certain age children only get released back to their parents. If parents cannot control them, if they don’t respond to normal control then there are institutions that attempt to determine and control their psychological antisocial behaviour - but IIRC children under 12 cannot be charged with (juvenile) criminal offenses.
If your child is just badly enough behaved to not get insitutionalized, then likely they will end up in foster care if you can’t control them, can’t stop your preschooler from wandering into stores and helping themselves to the goods; or if they continue to inflict injury on other childre.
Depending on the jurisdiction, foster care, orphanage, or other institutional care for the kid and/or prosecution of the parents for neglect or abuse.
You think those things are possible after a single occurrence? A friend of mine was involved in a situation like this and now I hear police are investigating / reviewing security tapes, etc. I’m just wondering, to what end? I know for a fact the kid is not neglected or abused, but he is a little troublemaker.
Six-year-old arrested, charged with assault after temper tantrum.
There’s actually quite a few stories like these.
The common law rule (still mostly followed in the US) is that before the age of 7, children lack the capacity to form criminal intent. Between 7 and 14, they are presumed to lack that capacity*. After 14, they are presumed to have the requisite capacity, though they are still generally not subject to criminal prosecution. 1 Wharton, Crim. Law (15th ed.).
*meaning that in the absence of any evidence to the contrary, they will be deemed incapable; the prosecution must put forward evidence to rebut the presumption, such as expert testimony - say, a child psychiatrist.
Complaints about juvenile law in Canada are full of stories that under-12’s are simply caught and taken home, nothing happens.
I doubt any single incident, short of severe bodily harm or very expensive damage, will mean the state takes action. However, when the pattern of behaviour becomes too common, child welfare authorities may become involved.
Of course, if the misbehaviour indicates some sort of neglect by parents, the parents could be charged.