Ten is Too Young: South Dakota’s Need for a Legislative Amendment Raising the Minimum Age of Criminal Responsibility to Fourteen

From the abstract:

“South Dakota, like many other states, allows young children to be introduced to the criminal justice system at a very young age. Although South Dakota originally focused on managing children’s misbehavior, the law has evolved in a way that punishes kids for being kids. Despite recent reforms to handle juvenile delinquency in a more gentle, rehabilitative manner, the South Dakota Legislature has failed to raise the minimum age of criminal responsibility above ten years. This comment examines international norms in juvenile law, the developmental and social consequences of exposing young children to the legal system, and a more appropriate, effective alternative to managing delinquency in young children. This comment concludes that South Dakota should raise the minimum age of criminal responsibility to fourteen years.”