Evaluate the effectiveness of the criminal justice system in dealing with young offenders. Young offenders are those offenders that are between the ages of 10-18 and are considered to be less responsible for their actions than adults. The criminal justice system tries to provide just penalties for juvenile offenders in NSW through mediation processes attempting to achieve rehabilitation and eliminate the chances of recidivism. Juvenile justice is impacted by significant factors such as the age of criminal responsibility, alternatives to court punishing and punishment options. Even though juvenile justice is given a lot of significance and there is an existing juvenile justice system within NSW, it is only partially effective in providing just penalties for juvenile offenders.
From the Cradle to the Courthouse In “Should Juvenile Offenders be tried as Adults,” Laurence Steinberg argues that juveniles think, act, and comprehend mentally on different level than adults. In “Adult Crime, Adult Time,” Linda Collier argues that juveniles are treated well by the American judicial system despite the very violent crimes that some of them commit. Some states believe that criminal acts committed by society’s youth should not be the only factor considered when deciding the punishment for the crime. Recent policy changes have shifted the view of many people. The changes in policies are the laws that govern the treatment of juveniles.
Section 43 allows corporal punishment towards a certain age group. Children should not be singled out and allowed to be physically punished based on their age. Since children are younger and more vulnerable, they should be protected when it comes to violence. If one cannot hit or assault an adult, adults should not be authorized to hit a child. The criminal code also states that “any force used against another person without his or her consent is considered assault”.
Juvenile Crime Paper CJS/200 7/12/13 Juvenile Crime Paper Throughout history, both adult and juvenile offenders have committed crimes and determining the punishment for these crimes required a criminal justice system to be established for both. In today’s society, we have different court systems for adults and juveniles. Juvenile crime has increased dramatically through the past several years. Although there are several similarities between the adult and juvenile court systems, there are several differences as well. Unlike the adult court system, the juvenile court system is more geared towards protecting the juvenile’s privacy, preventing harm to the juvenile, and rehabilitation rather than sentencing for punishment of the crimes committed.
Problems with treating youth sex offenders the same as adult sex offenders .Compared with youth committed to a juvenile facility, a child sentenced to serve time in the adult system spends his/her formative years in a prison environment where he or she is: twice as likely to be beaten by staff, 50% more likely to be attacked with a weapon, and nearly eight times more likely to commit suicide. Treating youth in the juvenile justice system rehabilitates them more effectively, reduces recidivism, and saves taxpayer money. (Ryan, Leversee, and lane ) Age of consent laws can unfairly criminalize adolescent behavior. Almost all sexual behavior by children who are below the age of consent is against the
Just because a child commit’s the crime, doesn’t mean that the crime wasn’t committed. The victim (if there was one) still suffered. Violent crime should receive the harshest of punishments and it’s said that the children should be equivalent to that. The reason juveniles should be tried as adults is because it will not only help them understand the event of their action but also discourage the juvenile from any crimes in the future. It will automatically decrease crime rates in today’s society and hopefully make it a better place.
As this has occurred, non-legal responses such as rehabilitation and advocacy services have attempted to achieve justice while legal responses lag behind. Overall there is a lack of justice, with high incarceration and recidivism, leaving young people stuck in the system, and the accumulative responses ineffective. Protecting young offenders is essential in achieving justice, and this is reached through doli incapax and the prohibition of releasing children’s names when involved in criminal proceedings. Doli incapax is the presumption that children under 14 are incapable of forming criminal intent (mens rea) under the Children (Criminal Proceedings) Act 1987 (NSW). This legislation coincides with international law obligations from the United Nations’ Convention of the Rights of a Child.
Juvenile justice can be defined as the sector of the law applicable to persons not of legal age. Complying with the United Nations Conventions of the Rights of the Child, the juvenile justice system aims to combine the welfare and justice approaches to youth crime, in order to keep the best interests of the child as the most prominent of priorities. However, there remains a considerable list of aims to be addressed when the issue of responding to juvenile justice arises. These include decreasing rates of recidivism, providing rehabilitation into society, and ultimately recognizing that due to mental immaturity and lack of legal knowledge, young offenders require a degree of protection. The extent to which our legal system is able to adequately provide this is at times, questionable.
Children are now protected by the Law. Physical punishment is not an option, but an offence. It is justified just when the children are in danger of harming themselves or others. If self-discipline is needed, it must be kept to the minimum and must not be used as a mean of punishing or controlling children. You should also defend yourself from accusations of abusing children by keeping up to date with guidance, recording the incident and, if possible, ensuring that another adult is present.
Starting with the highest authority of the courts, where the judges should designate one separation between petty and serious crimes. In that case minors, who commit a petty crime, could avoid prison or being kept in a juvenile institution. As a punishment it could be some volunteer job, which would be mandatory and would be supervised by somebody competent. On the other hand, in the case of serious crimes, in which detention is inevitable, some other ways could be used. First of all, minors should be educated in something∙ from learning an art, to graduating from a university.