A key matter of concern is the weight given to particular measures within the context of an overall strategy. While not mutually exclusive, the main message of criminological analysis of 5 Evidence into Action Topical Paper –Anti-gang strategies and interventions– April 2007 Australian Research Alliance for Children & Youth youth crime and gang life is that comprehensive community-based approaches are preferable to narrowly focused coercive strategies. This is because gang issues ultimately reflect wider political, economic and social processes (generally relating to structural issues of racism, inequality, blocked opportunities, poverty, and oppressive regulatory practices) and, as such, can be curtailed, but not fully addressed, by reliance upon coercive measures. Another consideration is what young people themselves have to say about gangs and possible anti-gang strategies. It is notable in this regard that the young people in a 1999 Melbourne gang study (White et al., 1999) generally emphasised the need for pro-active and developmental strategies to
Even though this presumption applies in all Australian criminal jurisdictions, it may be rebutted by proof that the child understood the wrongfulness of the action they have committed. Under Australian law children achieve the age of criminal responsibility when they reach fourteen years of age. This implies that children age fourteen and older are considered to be old enough to commit a criminal act (actus reas) and also criminal intent (mens rea). 2. Explian why young offenders are treated differently in teh criminal justice system: less maturity - less ability to see the difference between right and wrong - more easily influenced by other people - chance to change how a youth views these bad things, while its too late for adults - gives a chance to preserve the inoccence in that child and gives them anoter chance to become a good person - the circumstances in their lives may have a LARGE affect on the bad choices they have made.
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. According to the Children (criminal proceedings) Act 1987 NSW, young offenders between 10 and 18 are said to hold criminal responsibility. This is due to the common law of doli incapax. A child is believed to not fully comprehend the consequences of their actions, and therefore they do not have the intent (mens rea), to be convicted of the offence. Generally the types of crimes committed are neither serious or violent.
Summary. Contrary to popular belief, there are diminutive facts to support the existence of youth gangs within Australia. However, means of prevention have been put into place, as are already evident within overseas countries such as the United States and the United Kingdom. Even without concrete proof, there are still perceptions from local communities pertaining to the existence and the threat of youth gangs. Because of such beliefs, authorities will almost certainly take action, to quash such perceptions, despite what is really happening at a local level.
I aim to highlight how ‘Pathways Theory’ influences the Youth Justice System coupled with the Scaled approach furthermore my knowledge and understanding of offending behaviour as a Youth Offending Officer within my practice, that of my team. Finally I will conclude by assessing the relevance of ‘Pathways Theory’ within youth justice practice. ‘Pathways Theory’ within the youth justice system is research based on criminogenic need and risk classification analysing children and young people at risk of offending and re-offending and their journeys into and out of crime. This research focuses on risk factors which may contribute to offending behaviour during the transition from childhood to adulthood and identifies why children and young people subjected to equivalent risk factors are more susceptible to a lifestyle of offending and why others are more resilient. James & Prout (1997) (cited in France and Homel, p.297) argues that the complexity of childhood is underrated by general approaches, as it is influenced by historical trends, political processes and social contexts.
Bibliography Beggs, S. (2010). Within-treatment outcome among sexual offenders: A review. Aggression and Violent Behavior, 15(5), 369-379. doi:10.1016/j.avb.2010.06.005 The author Beggs studied in New Zealand. This study is about how well the individual performs in treatment or the change that was achieved. The studied used psychometric change scores, risk instruments, goal attainment scaling and other rating systems.
Restorative justice advocates an offender take responsibility for criminal actions, and encourages mediation among the offender, and victim, which allows the offender to attempt to correct the wrongdoing. While many society members promote this alternative form of justice, there are many critics that claim this form of criminal justice is not fair, it does not allow the victims to
Restorative Justice Patricia Crawford Grantham University January 8, 2013 Restorative Justice Restorative justice is a theory of justice that calls attention to repairing the harm caused by criminal behavior. The main goal of restorative justice is to bring together those most affected by these criminal acts, which include the victim, the offender and the community in a process to encourage the offender to bring themselves accountable and meet the needs of the victims. This helps to repair the harm that was caused by the crime committed. A restorative justice process aims to empower victims to participate effectively with open communication and meditation with their offenders. Healing is very important not just for the victims but also the offenders.
The first is instrumental, the state responds to crime to secure benifits of the wider society such as crime prevention & crime reduction. The second purpose of the Australia criminal justice system is non utilitarian, which means the state must redress imbalances caused by those people who take illegal advantage of another or diminish another’s human dignity. An example of informal control is the socialisation process. Socialisation is the general process by which individuals within a society learn & assimilate social norms & socially acceptable behaviour. This learned behaviour is a social inheritances, drawing on the information passed down from generation to generation, which is the basis of any societies
Various protective factors may prevent the onset of problem behaviour, or at least limit its severity. These include good problem-solving skills, supportive, caring parents and a favourable school climate. Conversely, there are other factors that can heighten, rather than reduce, the vulnerability created by abuse. These include insecure attachment, school failure and peer rejection (Developmental Crime Prevention Consortium 1999). This study examines the prevalence of childhood physical abuse among a sample of offenders serving community corrections orders in Queensland.