Legal and ethical implications of treatment of minors

Abstract

Statutes are used to discourage the use, by children, of licit drugs like alcohol and tobacco. The psychological literature supports the view that children under the statutory ages could make a knowledgeable or intelligent decision about drug use, however it is unlikely that children under the statutory ages would make a voluntary decision to use drugs, in the sense that the term voluntary is used in law. Research on drug use suggests that the decision to use is heavily influenced by the example of other people, both adults and peers. It can therefore be argued that children should be discouraged from being influenced towards drug use.

When the law is applied however it tends to be done in such a manner that the drug using child is culpable, rather than those who have encouraged the drug use. In law, minors seem to be considered incompetent to make the decision to use drugs, but culpable if they make such a decision.