Assess the Effectiveness of the Criminal Justice System When Dealing with Young Offenders.

1063 Words5 Pages
The criminal justice system when dealing with young offenders is a controversial issue in the society and the Juvenile Justice System attempt to seek a balance through a combination of both the welfare and the justice model; striving to approach young offenders in the fairest and most suitable manner. In a recent research, the NSW Commission for Children and Young People rate suggests that there are twice more juvenile offenders than adults and are increasing towards 2005 and onwards. The juvenile justice suggests the possible various factors for these offences include: poor parental supervision, drug and alcohol abuse, homelessness, negative peer association, poor personal and social skills, or difficulties in school or employment. The magistrate attempts to generally use the welfare model when dealing with minor crimes such as shoplifting as the causes of crime can relate to different factors such as the young offenders’ social and psychological factors or their state of economy. The criminal justice system has an obligation to protect children and young people from different causes of crime and assists in their rehabilitation from recidivism. The magistrate also deals the case with the justice model to promote ‘zero tolerance’ to offenders of any age in order to emphasise punishment and deterrence over rehabilitation. Nevertheless, the criminal justice system approach young offenders with the legal principal of ‘doli incapax’ because the juvenile justice system presumes that children are incapable of having a criminal intent thus children under the age of 10 cannot be held legally responsible for their actions and cannot be guilty of an offence. The UN Convention on the Rights of the Child is the most recent international law relating to children’s right. Article 41 (3) (a) encourages establishment in all countries’ laws of a minimum age below which
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