Sentencing for violent crimes committed between minors in Finnish District Courts in 2021

• In Event: Social Control and Youth at Risk: Observations from England, Wales, Greece, Finland, and Spain

Abstract

There is a strong connection between criminal behavior and age, with youth being the most crime-active period in a person's life. Additionally, young people face the highest risk of becoming victims of crime. Traditionally, juvenile offenders have been treated more leniently than adult offenders.
The special treatment of young offenders is based on the idea that their crimes are more a sign of immaturity and thoughtlessness rather than a deliberate and conscious decision to break the law. This special treatment deviates from the principles of criminal liability and culpability in criminal law. It aligns more with an offender-oriented approach rather than a strictly act-oriented approach, and the principle of culpability requires lighter punishments, diverging from the standard punishment system.
For young offenders, special prevention is key, which is reflected both in sentencing and in the content of sanctions. Their special treatment is incorporated into both criminal procedure regulations and the sentencing system in various ways. In the sentencing system, this special treatment includes:
1. Imposing an unconditional prison sentence only for serious reasons.
2. Applying a reduced sentencing scale.
3. Substituting a fine for a prison sentence when possible.
4. Introducing a specific juvenile penalty for minors.
5. Prohibiting life imprisonment for minors.
Furthermore, the special treatment of young offenders in the sentencing system is also evident in the possibility of imposing supervision as an additional measure to conditional imprisonment if it is deemed beneficial for their social reintegration or for preventing future offenses.
The article examines court decisions related to violent crimes committed among minors, including assault, aggravated assault, homicide, robbery, and aggravated robbery. The research data (N=302) consists of verdicts issued by the Finnish district courts in 2021.

Authors

• Tarja Koskela, University of Eastern Finland

• Anu Puustinen, University on Eastern Finland