I was reading an article about a relatively recent story where a minor was convicted of murdering another minor.
This triggered a train of thought that ended in the question in the title. To explain what would be the point:
- usually minors are not considered fully independent, and are extended shorter jail terms because of that
- usually minors are considered under the responsibility of a guardian (most commonly the parents)
- if a minor commits a crime that deserves a jail term, it seems (to me) logical that the guardian has not (fully) performed their duty of educating, guiding and surveying the minor
- a jail term is nowadays seen not only as a punishment, but also as a way to re-educate and rehabilitate the culprit
So, the idea would be that the person responsible for the minor would be effectively co-responsible in case of malfeasance. And that a guardian might need to be rehabilitated before they can possibly be guardians again. Said otherwise, if a minor is imprisoned, then the guardian is investigated, prosecuted, and possibly also the guardian is imprisoned.
Has such an idea/law ever been discussed or proposed? If yes, what are the main arguments against?