2024-09-16

The Juvenile Justice Act's Leniency May Shield Gangs from Prosecution

Last year, a juvenile, surnamed Liu, fired 51 shots at the JuXin Pawn Shop in Tu Cheng, New Taipei City, a location commonly associated with the HuaShan Gang. A police investigation later revealed that the incident stemmed from hostilities between the HuaShan Gang and the HongRen Club of the ZhuLian Gang. Juveniles played significant roles throughout the violent confrontations between the two gangs.
 
As a prosecutor noted, the methods used by gangs have evolved from the past when they trained their own killers. Modern gang leaders, who tend to be younger, often amass wealth through scams and hire juveniles to increase their influence and commit crimes. Juveniles are seen as bold, easily manipulated, and face shorter sentences under the legal system, if caught/convicted. Consequently, gangs frequently use juveniles as "tools" for criminal activities, ranging from collecting money from scams and participating in street fights to vandalizing shops and even committing shootings or murders for hire.
 
However, under the current Juvenile Justice Act, prosecutors handling cases involving juvenile offenders are limited to acting according to the instructions of the judge without having the authority to conduct arrests or searches involving juveniles independently. While some courts handle cases involving both juvenile and adult offenders simultaneously, other courts require approval from the juvenile court for every investigative and prosecutorial action involving a juvenile. In the latter situation, co-offenders may have opportunities to escape or collaborate, undermining the efficiency and effectiveness of the prosecution.
 
Therefore, while the protections for juveniles under the Juvenile Justice Act are understandable, a prosecutor has pointed out that the duties of law enforcement and prosecutors in addressing crime should not be compromised.
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