Youth Justice – Assignment 1
‘Which principle should be given precedence when young people break the law? '
This essay will introduce the youth justice system, as well as organisations which oversee its processes. Next, it will describe the context of the criminal justice system for young people, with reference made to legislation and its historical impact. In this essay the writer will discuss the principles of the youth justice system, arguing that one principle has precedence over the others. In the essay, there will be arguments for and against principles. There will be support of academics throughout and the use of a case study, to emphasise how the principle should be the precedence of the youth justice system.
Youth Justice refers
The Youth Justice System carry out the processes for prosecution, conviction and punishment. Within the youth justice system, there are abounding considerations made when young people break the law. These considerations can be referred to as principles, which are the fundamental base of something (Oxford Dictionary, 2016), in this case, the criminal justice system. The principles that are considered include public protection, risk assessment, punishment, rehabilitation, justice and welfare. The focal point of this essay will be to determine whether justice or welfare should take precedence when providing a response to the law breaking of children and young people.
Bateman & Hazel, (2016) express that it was not until the 18th century that young people were separated from adult offenders. This came about when prison ships were introduced to house young offenders. However, although these institutions were in place to separate young people, they were largely criticised for being heavily cruel and harsh. This principle of punishment was, and still is frequently being used disproportionately in the response to
This may suggest that children who have a troubled background are more likely to be filtered into the criminal justice system. Poverty.org, (2011) presents that in 2010, nearly half of all offences carried out by children involved theft. Of course, this shows a correlation between crime and the issue of poverty. It is arguable that a greater welfare approach could benefit children and young people, reducing the likelihood of them offending. Barnardo 's, (2016) support the argument of welfare over punishment. As a matter of fact, their research found that 72% of young people, will re-offend within a year of being released from custody. The organisation offer welfare approaches to children and young people, especially those who are ‘at risk ' of offending. Many people would agree with the use of the welfare approach because it can be implemented before a crime is committed, as opposed to punishment, where a crime must take place
Thus, the shifting perceptions of the justice system has transformed what it means to be a child and an adult due to their pervasive, and punitive approaches to crime and delinquency. Although adolescents today enjoy many new freedoms and greater time to experiment, those that don’t conform to “normative behaviors” and engage in socially constructed definitions of delinquency, often end up under the firm hands of the juvenile justice system. Despite the creation of this phase in an adolescent’s life, the injustices within the adult justice system have breached into the juvenile system, thus, blurring the lines of what it means to be an adolescent in modern times. Thereby, the adolescent stage is constantly being manipulated to conform and match the social construction of crime and delinquency, and the rise in the practice of trying juveniles as adults within the court system and mandating life sentences is evidence of this
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
People have, not too long ago, realized that youth and adults are very diverse and should not be treated the same. They gave no time for children to develop the “meins reis”, therefore, they were not given the opportunity to learn. People were not aware that the brain of the youth were not fully developed and were not given the chance of change. They thought that once guilty you shall remain guilty. For that reason they were considered adults, when in reality, adult criminals will only continue to infatuate their mind with evil. The new Youth Criminal Justice Act focuses on change and reintegration with society. We have learned that the youth have not fully developed and do not have the full ability to comprehend such judgements.
Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic treatment of children under the JDA did not conform to Canadian human rights legislation (Mapleleaf). It remained a heated debate until the new legislation passed the Youth Criminal Justice Act. Some thought a complete overhaul was needed, others thought minor changes would suffice, and still others felt that the Young Offenders Act was best left alone.
Most young offenders get into trouble with the law only once. But the younger children are when they first break the law, the more likely they are to break the law again (Statistics Canada study, 2005). The Youth Criminal Justice Act (YCJA) attempts to acknowledge that different youth need different sentences within the justice system, while ensuring that it is fair and equitable for them. Many people, both in Canada, and around the world, believe that youth are not reprimanded harshly enough for the crimes they commit and that they are, in general, are able to squeeze through the justice system without punishment. Others, believe that the justice system does not treat youth fairly and punishes them without acknowledging that rehabilitation
1 – Question #1: (Ch 5) Child abuse intersects with the juvenile justice system in many ways including but not limited to - sexual abuse, child neglect, family violence, and internet exploitation. One of the most important issues to address when related to the juvenile justice system is child neglect. Child neglect can be defined as a juvenile under the age of 18 whose parental figure(s) and/or person responsible for the child’s well being not providing essential support, education by law, medical or remedial care necessary for the child’s health – shelter, food/water, clothing, etc. Neglect also comes in three forms 1) physical – e.g. lack of necessary shelter, food or water, medical care 2) emotional – e.g. the lack of emotional support or
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
There is no doubt that youth justice practises have changed throughout the years, these changes have been made to adapt to the new challenges that present themselves today. Crime in general, but particularly youth crime is a consistent problem for society.
The overwhelming majority of juveniles are involved in impulsive or risky, even delinquent behaviors during their teenage years. However, the majority go on to become very productive citizens who do not commit crimes. In order for this to continue the government established the Youth Criminal Justice Act (YCJA) which gives young offenders a chance to better themselves, and. By doing so, the YCJA helps teach youth that their actions are unacceptable and the punishments imposed are lesser then an adult. Through the analysis of their unacceptable actions, lesser punishments and a better future, it is clear that YCJA is highly effective at giving youth a better chance in society.
Wood advocates that juveniles confined to adult prison are in danger and that they experience “significantly higher rates of physical assault, sexual abuse, and suicide, than their counterparts in juvenile facilities.” (para. 1). Wood’s case study presents facts that substantiate negligence regarding the safety and well-being of youths in prison.
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system. Edward Humes follows the cases of seven teenagers in juvenile court, and those surrounding them.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
The fact that poverty is self-perpetuating is a documented fact. Criminal and delinquent activity may also be an accepted part of the total picture for deprived kids. It's h...
In all the analysis, the youth justice policy analyst has to judge the use of specific words and their interpretations conveyed and the interpretations captured by society and formalise a method which in all way tries to curb the spread of wrong interpretation. Moral panic, demonization, and politicisation are of invaluable use for the youth policy analyst as the interpretations of these words makes most of the difference in the way juvenile crime is viewed and accepted by society at large.
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.