ANALYSING YOUTH CRIME AND YOUTH JUSTICE Essay

FROM THE CASE SCENARIO ASSES THE NEEDS OF THE INDIVIDUAL AND THE LIKELY RESPONSE TO THEIR OFFENCES, OUTLINING A Plan OF INTERVENTION BASED ON CURRENT POLICY AND PRACTICE ( 2000 WORDS )

The assignment will discourse the disposals available to Maya within the condemnable justness system that can be acted upon in response to the related offense in the given instance survey. Legislation and policies will be identified from cardinal facets of Maya ‘s piquing history, offering different positions on condemnable behavior. Appropriate intercessions will besides be considered every bit good as the effectivity of these disposals in turn toing piquing behavior. Critical appraisal of the young person justness procedure and jurisprudence enforcement will foreground race and gender issues within the system. The essay rubric will Sketch a programme of intercession, to back up Maya in cut downing her interrupting behavior, the essay will besides analyze three basicss, appraisal, intercession and rating, which are indispensable elements to integrate, when making such a programme.

Maya is a 13 twelvemonth old immature black female who has late been arrested and charged with assault on another female. This is non Maya ‘s first offense, antecedently Maya was in ownership of a stolen recognition card ( nevertheless this does non bespeak the card was stolen by Maya herself ) and involved with shrinkage, Maya was given a concluding warning ( in conformity with the Crime And Disorder Act 1998, ( s65 ) and a referral order WHICH MAYA SUCCESSFULL COMPLETED OVER A 3 MONTH PERIOD ( introduced by the Youth Justice and Criminal Evidence Act 1999 ) for another assault. Additionally her relationship with her household seems to be hostile at present. There ARE indicant of domestic force and deficiency of parental duty, with Maya passing ample PERIODS OF clip off from place. Her school attending is POOR AND non consistent, with spreads of unauthorized absence.

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The piquing history of Maya ‘s state of affairs highlighted issues of the earnestness of the offense, and unauthorized absences from school. As ( Pitts, 1990 ) provinces, ‘truancy brings many immature people into the condemnable justness system ‘ . Maya ‘s possible exclusion from school and deficiency of instruction can take to farther exclusion from the ‘norm ‘ of society. This emphasises a strong correlativity between piquing and non engagement of schooling. The deficiency of parental duty and the possibility of domestic force does hold an impact on Maya OFFENDING BEHAVIOUR, WHICH CAN BE EXPLAINED BY THE SOCIAL LEARNING THEORY. MAYA behavior may be learned through association. For illustration if Maya has been subjected to domestic force, she may copy this anti societal behavior AND the influence of a pack WHERE DRINK IS PREVALENT HELPS Maya to suit in holding a direct affect ON her condemnable BEHAVIOUR ( Wilson, Ruch et Al, 2008 ) . Other cardinal constituents to take into consideration are gender, age and category.

There are many theories on the causes of offense. However it is first of import to find what is offense? And what people perceive to be condemnable behavior. The positions and concerns of the populace and media seem to act upon the manner that the professionals in the condemnable justness procedure think about offense. Crime is behaviour which society disapproves of and can be described as condemnable through its earnestness and unacceptableness, it is an act or skip prescribed by jurisprudence and punishable by the province through the condemnable justness procedure. Societies images of offense tend to be associated with knowing physical injury, dishonesty, and larceny frequently affecting confrontation between wrongdoer and victim.

Under the Police and Criminal Evidence Act 1984, constabularies have the powers to collar, inquiry and detain Maya, nevertheless within this instance Maya would necessitate to hold an appropriate parent or guardian nowadays due to her age. If it is Maya ‘s first clip in tribunal and a guilty supplication is entered a referral will be made to the Youth Offending Panel, where its primary purpose is to cut down piquing.

Article 37 ( B ) of the Convention on the Rights of the Child ( CRC ) explicitly states that “ the apprehension, detainment and imprisonment of a kid shall be used merely as a step of last resort, and for the shortest appropriate period of clip. ”

( www.howardleague.org )

First it is necessary to transport out an appraisal on Maya, which are a continual and dynamic procedure, embracing the collected plants and apprehension of Maya ‘s criminogenic demands, utilizing the development of a new structured appraisal tool such as Asset which uses one of its 13 constituent nucleus appraisals before intercession is carried out. ( Youth Justice Board, 2003 ) The purpose of Asset is to supply a holistic appraisal to immature wrongdoers placing negative factors that contribute to criminal behavior, every bit good as looking at positive factors that motivate the wrongdoer, anticipated by the young person justness board. ( Youth Justice Board, 2003 ) . Maya ‘s hereafter development will be determined by the type of intercession and degree of hazard she poses to re-offending. ( Angus, Dugmore, Pickford, 2006 ) . Previous offenses and piquing behavior is used to foretell hazard of future offending, taking into history socio-economic factors such a schooling and hooky, hazard to instruction, household life and living agreements. Having briefed Asset it would be appropriate to finish the constituent ‘What do YOU believe ‘ with Maya. As this would include her in doing programs, admiting behavior. This may besides supply the footing for build communicating between worker and wrongdoer. ( reference gscc codifications of pattern )

Appraisals play a major portion in societal work in relation to Youth Justice, kids and households ; appraisal models give an overall analysis of the dealingss within the household construction. When measuring all information refering Maya, concerns are addressed most efficaciously in an Action Plan Order to determine her demands. The Action Plan Order ‘No More Excuses ‘ introduced in ( 1997 ) and implemented in 2000, combines penalty, rehabilitation and reparation doing community sentences more effectual. Puting the wrongdoer under supervising within the recommendation of this order includes anger direction, reding Sessionss, integrating one to one support, issues with ego regard and trust would be suggested. Taking into history the recommendations for leisure clip, directed productive activities may supply a platform to peer appropriate relationships. In add-on, victim consciousness and confronting up to her duties and piquing behavior may take to reparation offering direct mediation with the victim.

The purpose of the Action Plan Order is to help instead than penalize the piquing behavior. Recommendations may include Maya ‘s parents being volunteered for a parenting order. A Rearing order would be good to both parents ; kid and multi bureaus bettering communicating, supplying construction for the household, adaptable to single demands, assisting the parents experience empowered. Due to there inattentive parental duties and long working hours, the tribunals may enforce this order under s8 of the Crime and Disorder Act 1989. The tribunals may besides enforce specific conditions to the parenting order for illustration escort the kid to school, the offer of a mentoring programme Maya and guaranting there ‘s a responsible grownup at place in the eventide. Rearing programmes have besides been established to turn to different types of rearing issues, non merely piquing behavior, and improved rearing accomplishments will cut down the hazard of hapless rearing whilst besides advancing and reenforcing household relationships. ( Brown, Giller and Stephenson, 2007 ) .

The instance survey may be linked to the criminological term ‘strain theory ‘ WHICH consideRS MertonS CRIME THEORY THAT the strain appears when the dream could non be achieved through legitimate agencies, which may supercharge persons toward offense and delinquency. Jacobs, ( 2006, p73-75 ) agrees that offense and delinquency could increase where persons did non hold the agencies to accomplish defined ends. See THE instance study the ‘strain ‘ possibly due to defeat, WHICH Merton specifies AS one of the likely CRIMINOLOGICAL TRAITS being that of larceny.

Agnew, Brezina, Wright, & A ; Cullen ( 2002 ) SAY that PERSONAL traits IN THE person MAY consequence in their reaction to strive, AND THEN IT IS THESE STRAIN that turn THE INDIVIDUAL towards delinquency and offense as a manner to alleviate the PRESSURE that the strain has brought into their life. ( Agnew et al. , 2002 ) SUGGESTS major traits associated with single strain are those traits of restraint and negative emotional anxiousness which lead the single to such emotions as choler and delinquency THEN offense to alleviate this choler.

It could hence be argued that uneffective parenting is the associated cause to youth offense and hence associated with household dislocation and dysfunctional households. ‘ Muncie, J ( 1999 )

Besides sing the effects of CRIME ON labelling THEORIES, ( Jacobs, 2006, p95 ) has suggested a impression of primary and secondary divergence: primary divergence being the mostly un-noticed Acts of the Apostless that occur in mundane society with secondary divergence indicating to those Acts of the Apostless identified or reacted to by society and hence labelled as pervert. It is by and large recognised that this labelling can Affect persons doing them to seek out others, for illustration in a pack, FOR support and REINFORCEMENT OF their behavior taking to an addition or strengthening of SECONDARY DEVIATION.

This construct is a constituent of societal reaction. Labeling theory claims that catching and penalizing offender ‘labels ‘ and stigmatises them as felons. They may so happen society and lawful chances closed to them, and their self-image may go one of a pervert. This procedure so in bend makes it more hard for them to conform to the norms of society ( Cavadino & A ; Dignon, 1997 ) .

‘Children from poorer households are likely to pique because they are less able to accomplish their ends lawfully and because they value some ends particularly extremely e.g. exhilaration ‘ Farrington ( 1994 ) .

Social larning theory offers the position that in a society that contains sub-cultures which encourage illegal activities, condemnable behavior is learned within these primary groups ( Giddens, 1997 ) . As Mcguire and Priestly ( 1985 ) suggest, societal larning theory emphasises the importance of appropriate ‘models ‘ in order for the person to get basic attitude and behavior norms. Learning theory refers to actions and beliefs that a individual has, either through direct imitation or as a learned response to their environment ( Roshier, 1989 ) . Differential association suggests that we receive cues from our primary groups and environment on acceptable behavior. This includes definitions both favorable and unfavorable to the acquisition of the motivations for, and techniques to perpetrate offense. If there are more favorable than unfavorable so a individual will perpetrate offense ( Taylor et al 1973 ) . Behaviour can be explained as a response to imitation to environmental stimulations.

‘Sutherland ‘s cardinal hypothesis was that offense is non caused by personality or environment, but is the merchandise of acquisition and it is learnt merely as any other behaviour is learnt. ‘ A Muncie, J ( 1999 )

When these theories are applied to Maya ‘s fortunes they may assist explicate her initial grounds for piquing. It is clear that Maya has implicit in concern, such as household parental disregard, no sense of subject, deficiency of supervising, hooky from school, the relationship with her equals no constructive usage of her leisure clip with no existent sense of recognized ends. Maya ‘s piquing behavior appears to be a symptom of her choler and anxiousness at life experiences with some elements of attending seeking. Further impacting on the extent to which Maya is excluded from society, Lilly et Al ( 1998 ) suggests stigmatised people excluded from pro-social relationships frequently bond with people of a similar position i.e. the aberrant lower class.

This patriarchal stereotyped position is gender specific and would interpret Maya ‘s female parent responsible for her piquing behavior due to her hapless parenting accomplishments. Howe, Dooley and Hinings, ( 1999 ) suggest kids who experience commanding schemes such as turning away or aggression ensuing in disregard or rejection can develop a disorganized fond regard, interpersonal and behavioral jobs, such as intimidation, bossiness and aggression, projecting their choler and fault onto others. They develop a deficiency of fright and an dying demand to command instead than be controlled, to assail instead than be attacked. ( Hanmer and Stratham, 1988/1999 ) with the male parent staying virtually unseeable which appears to be the instance within this household. Where household influence is weak, peer influence can take over.

Young people can be seen as vulnerable members of society, in peculiar cultural minorities when faced with the condemnable justness system. There is a inclination for black & A ; Asiatic communities to have hapless and derogative intervention by the constabulary & A ; justness system. ( Chigwada-Bailey1997, p11 ) argues that race, gender and category are factors that potentially create unequal intervention in the condemnable justness procedure. ( Rice 1990, p57 ) refers to this as the ternary subjugation of race, category & A ; gender. Because black criminology focused on black work forces while feminist criminology focused on white adult females, societal, cultural and economic experiences of black adult females were overlooked.

Low rewards, childbearing, early return to work, all these elements provide a different context for societal life. Rice besides states black misss ‘ strength, independency, resiliency and doggedness are portion of sub cultural values necessary in the face of racialist and sex segregated labour market.

At one phase, immature misss were protected from violent behavior from work forces but now immature females are being categorised in the same manner and subjected to the same signifiers of direction. . ” ( Worrall 2004 ) In her article Worrall states that “ the figure of female juvenile found guilty or officially cautioned in England and Wales has non risen overall since 1994 ” ( figures from Home office, 2000 ) . ( Worrall 2001 ) What has changed is the rate of cautioning: “ from 100 to 96 per centum for 10-11 twelvemonth olds ; from 94-87 per cent for 12-14 twelvemonth olds ; and from 77-64 per centum for 15-17 twelvemonth olds ” ( Worrall 2001 ) . “ Gender is one of the most certain forecasters of piquing. Young adult females are a really low hazard when it comes to foretelling condemnable offenses. If there are some additions in the sum of misss convicted of force it may be because of a alteration in the justness system instead than any great addition in sums of force. Girls and force used to be considered low-risk to justify attending but now fewer misss are acquiring off with merely a cautiousness, alternatively they are looking in tribunal and being sentenced. This alteration has caused rather an affect on the statistics for piquing. Even though there are less found guilty or cautioned in 1999 than 1994 ( 14,500 and 16,200 severally ) the rates in detention have doubled from 3 % to 6 % .

On of the major riskA factors that increase the opportunities of immature people perpetrating offenses, are troubled place life which makes the feel insecure, hapless accomplishment at school, hooky, being excluded from school, drug and intoxicant abuse, mental unwellness, non burying want such as hapless lodging. The interaction among young person and society is affected by how society reacts to the media on how it represents the young person. Parental duty is besides at the head of young persons and anti societal behavior.

Part B

WRITE AN ESSAY DISCUSSING THE ETHICAL AND POLITICAL ISSUES ARISING FROM THEIR Plan OF INTERVENTION. ( 2000 WORDS )

The current political tendency is to aim kids and immature people. Geting ‘tough on offense ‘ and antisocial behavior agencies usage of civil injunctions, policies designed to be tough on both the causes of offense and offense itself. However, there is really small grounds to propose these policies are undertaking the causes ; peculiarly ASBO ‘s that serves to farther exclude communities already marginalised by poorness and unemployment. The job with the public assistance system lies in both its virtue and its deficiency of penetration. Givens are made that the public assistance of a kid ‘s household background frequently leads to condemnable Acts of the Apostless and societal delinquency shortly ensuing in exclusion from their households. ( O’Conner, 1997 ) What this is seeking to accomplish is an effort to ‘rehabilitate ‘ immature wrongdoers, the system it seems is stigmatizing the young person it is seeking to protect from delinquency. ( Hogg and Brown, 1998 )

Criminal and anti societal behavior by immature people led to the recent alterations within the young person justness system. The age to which a kid can be considered reprehensively responsible was reduced from age 14 to age 10, compared to many other European states with the highest age being 18 in Belgium. The of age of condemnable duty varies in different European states, as antecedently stated, to be responsible for a condemnable act the individual responsible must understand what they are making is incorrect. For illustration the slaying instance of James Bulger in 1993. The head-shrinker concluded that they did hold an apprehension of what they had done was incorrect, ( the male childs covered the organic structure with subdivisions as they were cognizant of their at hand penalty ) which allowed them to be tried for slaying. Can immature people every bit immature as 10 be responsible for their actions, do they cognize what they are making and do they understand the effects they may meet because of their behavior. Youth offense in England and Wales has become the primary focal point of reform in young person justness jurisprudence, policy and pattern. Youth condemnable behavior provided the index ensuing in moral panic amongst communities which lead to policy alterations. ( Baldock et al 1999, pg 536-537 ) . The James Bulger instance influenced alterations to the age of condemnable duty.

The debut of a Rearing Order is to do parents of antisocial young persons take duty for their kids. However this can be seen as outlawing parents by association if they have non really committed a offense.

The parenting Order, as Article 7 of the Human Rights Act ( no penalty without jurisprudence ) possibly violated by the usage of wide and general demands specified under subdivision 8 ( 4 ) ( a ) of the Crime and Disorder Act 1998.

( Brown et al, 2007, pg 144 )

The Crime and Disorder Act 1998 suggests that local governments, societal services, probation commissions, constabulary governments and wellness governments, must present Youth Justice Services in partnership with Youth Offending Teams. The Crime and Disorder Act 1998 besides introduced a national Youth Justice Board ( YJB ) to set up multi-agency Youth Offending Teams. Major betterment of the young person justness system has been a cardinal portion of New Labour ‘s docket to cut down piquing by kids and immature people, to construct safer communities and to undertake societal exclusion. Labor came into power in 1995 suggesting to ‘get tough ‘ on young person offense and the ’cause ‘s offense. The current legal model for young person justness is the Crime and Disorder Act 1998. ‘Misspent Youth ‘ defined proposals to do the Youth Justice System more efficient. This was met by ‘No More Excuses ‘ for Government programmes of betterment for the young person justness system. Farrington ( 2001, p182 ) suggests that logically, it must be better to forestall offending by step ining early in life than to wait until person has committed many offenses and so intervene.

Primary offense bar refers to schemes taking to forestall offense before it happens and involves all the societal, physical and other schemes to forestall offense. Secondary offense bar identifies ‘at hazard ‘ people and state of affairss. It involves policies which target people considered to be at hazard of going offenders- such as immature people in countries known for high degrees of piquing ; or state of affairss where offense is likely to happen. Tertiary offense bar trades with known felons and offense state of affairss. It aims to forestall those already convicted from go oning with their condemnable callings, chiefly through the sentences of the tribunal.

Early intercession focal points on those at hazard and non needfully those in demand. The focal point is on ‘What Works ‘ . Early intercessions are aimed at those who are subjected to rebukes, concluding warnings and referral orders. The purpose is to step in at early phases of their engagement with the condemnable justness system, cut downing the hazard of farther offending. Young people who are targeted are those already known to the system every bit good as other household members associated with wrongdoers. The inquiry is, are we non labelling those who have non entered the condemnable justness system ; one has to be certain non to promote piquing. ( www.yjboard.gov.uk )

One of the most recent authorities policies that stress the importance of association between bureaus is the White paper ‘Every Child Matters ‘ ( 2003 ) . Four cardinal elements emphasised in the 2003 Green paper Every Child Matters, they were to increase the focal point on back uping households and carers, guaranting necessary intercession takes topographic point before crisis point and protecting kids from falling through the societal cyberspace. ( www.everychildmatters.co.uk ) . There was a clear concern that the absence of partnership between societal services, instruction and the wellness service played a immense portion in the failure protect vulnerable kids. A important portion within the White paper focuses wholly on ‘early intercession ‘ which aims to better information sharing between bureaus and to make multi disciplinary squads. The development of kids ‘s societal jobs stemmed from their disadvantaged backgrounds and milieus which are listed in the 2003 Green Paper Every Child Matters. Children ‘s services aimed for every kid, whatever their background or their fortunes, to hold the support they need to be healthy, stay safe, enjoy and achieve, do a positive part and accomplish economic wellbeing. ( www.everychildmatters.co.uk )

Interventions such as certain start programmes and young person inclusion programmes aimed at kids and households most at hazard from poorness, offense and anti societal behavior besides increased support for kids from cultural minority backgrounds. They provide a minimum intercession as they are funded yearly by the young person justness board through YOT bar grants. These and other programmes aim to aim deprived countries and supply some grounds of New Labour ‘s progressive stairss and their acknowledgment of the links between offense and want. ( http: //www.yjb.gov.uk/en-gb/practitioners/Prevention/YIP/ )

The condemnable jurisprudence in our society displacements harmonizing to the alterations in public attitudes. Changes in the populace ‘s tolerance of activities lead to run to outlaw some behavior and decriminalise others. If the condemnable jurisprudence did n’t reflect public morality and concerns, the populace would hold small respect for the jurisprudence ; it would lose its legitimacy. It would besides be seen as oppressive, as an instrument of societal control and political domination.

Since ‘New Labour ‘ came to authorities in 1997, there has been a immense accent on coaction between bureaus and better carbon monoxide ordination within local authorities services to enable every immature individual to make their possible. The importance of multi bureau work has been at the head of recent authorities enterprises with regard to immature people. Marlow and Pitts ( 1998 ) describe multi bureau dealingss asaˆ¦

“ The coming together of assorted bureaus, in relation to a given job, without this significantly impacting or transforming the work they do. The same undertakings are conducted in carbon monoxide operation with others ” ( 1998, pg 117 )

Individual and societal are two chief points in the causes of offenses. In single account, household and personal causes are considered and it is defined as internal factors. Classical theory believe offense is a consequence of pick. Peoples were thought to hold free will so if they committed offenses. It was classed as an internal factor of an person. External factors, which are besides societal account, are including authorities jobs and society jobs. Positivists such as Durkeheim believe that human behavior is determined by external factors and sociologist should non be concerned with the internal feelings and emotions of persons we do non hold free will. Both internal and external factors are of import in analyzing the causes of offenses: most wrongdoers commit offense because of the external jobs at the beginning. ( Haralambos and Holborn, 2004 )

Decrease in offense is a powerful merchandising point for the Government, The Crime and Disorder Act 1998 and its policies, strive for success into cut downing piquing amongst immature people. Their purpose is to legalize immature people by supplying those who come into the condemnable justness system with intercession programmes to understate offending. The young person justness board and young person offending squad are both taking to present a multi constituent programme to help bar and increase effectivity in undertaking offending and cut downing offense. Emphatic elements in both systems are the intervention and support of wrongdoers by professional multi-skilled squads. Parents, carers and households have besides been identified as holding a cardinal function in forestalling debatable behavior among immature people.

Jock Young and John Lea ( 1993 ) argue that working-class and black young person bend to offense because of comparative want. There is an issue of concern as to why black people are over represented within the condemnable justness system over their white opposite numbers. It is acknowledge that factors such as unemployment and low instruction accomplishment are prevailing amongst black wrongdoers, which may put them at greater hazard of re-offending. ( Rahman, 2001 ) . Black wrongdoers are already at a disadvantage when faced with the condemnable justness system as they are dominated by a white in-between category bureaucratism. ( Denny, 1992, p2 ) In comparing with their equals, they feel deprived in footings of instruction, occupations, income, criterion of life, etc. moreover, they feel they have small power to alter their state of affairs. They may experience they are non heard. Overall they may experience marginalised ( Chapman 2001, p147 ) .

Childs turning up in households that are opprobrious either towards the kids or other parent or both frequently consequence in condemnable behavior, alongside kids with low instruction degrees or from hapless backgrounds. Besides, kids who have experienced subjugation or favoritism can turn up to experience worthless and believe that a life of offense is all they will win in.

Changes in statute law became evident focussing on communicating across bureaus, to derive a whole image of a immature wrongdoer, through instruction, wellness, intercession when necessary and the intercession geared around ‘children at hazard ‘ . Through media attending, public sentiment influenced the alteration in policies and professional pattern. What is needed is an betterment in communicating amongst key services, good administrative processs, directors and senior member ‘s acknowledgment of their public function, easing efficient and effectual work, with Government policies and reforms being implemented, major organizational alterations will heighten professional development hence suiting the quickly turning and altering function of the service supplier. ( James and Wilson, 1995 )