Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Social and cultural concepts of childhood
Social constructions of childhood
Understanding childhood from a socio-cultural perspective
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Social and cultural concepts of childhood
Childhood is a socially constructed concept. It is constructed and framed differently according to various political traditions, cultural and economic contexts as well as social norms (Goldson 2013). Every child experiences childhood differently according to variations in class, ethnicity, gender and disability (Goldson 2013). It is not a biologically fixed concept but has a changing image (Goldson 2013). Childhood also experiences a deserving and undeserving schism where the child is perceived as innocent and vulnerable and on the other hand as impulsive and in need of adult control and punishment (Goldson 2013). The different constructions of childhood according to different cultural, social and economic contexts, form different views about …show more content…
As a result, the children are punished as adults, tried in adult style of justice and the concept of doli incapax fades away (Crofts 2016). This essay will argue the impact of adultification of in the criminal justice system on the punishment of young people by outlining punishments such as adult jails, sentence without parole and lowering of age limits due to adultification.
Adult courts have same sentencing guidelines for juveniles tried as adults (Legislative Victories 2011), therefore, many juvenile offenders are incarcerated to adult jails for minor crimes (Sarah 2008; Legislative Victories 2011). The effects of the blurring line between the juvenile and criminal justice system are visible through treatment of juveniles by the system contributing towards the waves of adultification (Bolin 2014). By 1980 and 1990s, due to the public fear about violent juvenile crime, there was an increase in the number of juveniles prosecuted as adults in the name of public safety (Kooy 2008). In 1999, 5600 youth were convicted to state adult prisons (Redding 2006). In the United States, 250000 juveniles are prosecuted as adults each
…show more content…
Doli incapax is the rebuttable presumption that a child of 10 to 14 years of age is incapable of guilt, for their safeguard (Crofts 2016). Minimum age of criminal responsibility in Australia is 10 years (Crofts 2016). From 2012 to 2013, more than 60 % of 10 year olds and 11 year olds were in detention (Crofts 2016). However, it is found that countries that raise the minimum age of criminal responsibility, there are no negative consequences for crime rates (Goldson 2013). Michael Howard as the conservative home secretary in 1993, spoke about the child offenders a little while after the murder of James Bulger, referring to them as adults in everything except age, which shall not be allowed as an immunity to them, even though UK has ratified the minimum age treaty (Goldson 2013). This is the violation of Article 4 (1) of United Nations Standard Minimum Rules for the Administration of Juvenile Justice, stating that the legal systems that recognise the minimum age for criminal responsibility, shall not set the minimum age too low (Goldson 2013). There is again a socially constructed childhood concept visible where on one hand, youth is protected from voting, military service and marriage till the age of 18 with the ideal that they are not able to make sound judgement (A Campaign for Youth Justice Report 2007). However, on the other
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
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
Centuries of Childhood is a social history of family life (1960) that is a history of childhood written by Philippe Aries’s. It is about controversial claim that childhood, as a concept ,was not “discovered” until well after the middle ages. While Child Act 2011( Act 611) is an example that is repealed the Juvenile Courts Act 1947( Act 90) the Women and Girls Protection Act 1973(Act 106) and the Child Protection Act 1991(Act 468). Act 611 preamble provides that every child is entitled to protection and assistance in all circumtances without regard to distinction of any kind , such as race, colour, sex, language, religion, social origin or physical mental or emotional disabilities. Aries is an archivist for the Institute of Applied Research
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.
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
According to Montgomery (2014) ‘Children in different parts of the world lead very different lives, partly because of the variations of cultural beliefs about childhood’. These variations are brought about by the fact that each child is different, with different beliefs, raised with different parenting methods in different countries with different cultural influences. All of which have individual definitions of what it is to be a child, and a child’s capabilities. These cultural and social differences all vary on their emphasis of traits that are important, such as individuality, independence, inter-dependancy and expectations of behaviour. Each child is constructed in a unique way according to these differences, and each difference impacts
Vandergoot determines that the reasoning capacity of an adolescent, the ability to make legal decisions, and filter unnecessary information is unclear to a juvenile in the justice system; the vagueness of youth stepping into the courts prevents them from fully participating in the justice system. ( Vandergoot, 2006). As a result of this impreciseness youth encounter Vandergoot concludes a separate justice system allocated for youth to adhere to adolescent needs. Vandergoot discusses the Youth Criminal Justice Act a justice system devised to adhere to youth needs. She summarizes the system that benefits young offenders in contrast to adult offenders. Vandergoot concludes “the goals of the youth legislation…its major objectives are reducing the use of incarceration for young offenders…the YCJA emphasizes restraint, accountability, proportionality, and discretion… it encourages use of extra judicial measures” ( Vandergoot, 2006, p30). Vandergoot determines that the objectives of the Youth Criminal Justice Act is in the interest of youth, however, she accounts for the long term effect on adolescence as well. Vandergoot concludes the emotional and social consequences as youth interact with the system. Vandergoot claims the system leaves juveniles “debased”, suffering an “assault on their self-image”, that “block or snares in the adolescent psyche”, ultimately lowering their motivation and self-esteem which advances youth to have the “they think I’m bad I’ll show them I’m bad” mentality(Vandergoot, 2006). The mentality that derives from direct encounters with the youth justice system, often damages the adolescence completely disregarding the purpose of a youth justice system. Mary Vandergoot’s Justice for Young Offenders Their Needs, Our Responses clearly emphasizes the need
Several studies conducted to determine impacts of transfers of cases from juvenile courts to adult criminal courts for trial and potential sentencing indicate higher recidivism rates among the offenders. This is because of the notion the youth possess on the strictness on the adult courts. They believe trials on these courts end up in harsh punishment for offenders. In a way, adult punishments scare youth away from committing major crimes. However, studies show that short term punishments imposed on young offenders in adult courts propagates the offenders to commit even more crimes that are serious after their sentence terminates. This results from interactions with other crimes bearer behind bars who are convicted for far much worse crimes than they are. In addition the young offenders continued to commit crimes at a higher rate and more often than earlier on (Shari, page 1).
The dictionary definition of a child is a young human being, an immature person and offspring (Oxford, 1976). This idea is reflected in Mead’s statement ‘that children to adults are representative of something weak and helpless in need of protection, supervision, training, models, skills, beliefs and ‘character’’ (Montgomery et al, 2003, p vii). The emphasis is on the concept of the child by adults rather than the size or mentality raising the notion that a child, and therefore childhood, is not just a biological concept but also an ideological one (Falconer, 2009). This ideology makes an oxymoron of Children’s Literature according to Rose (Hunt, 2009a) as adults write, publish and purchase books with each set of adults having their own ideas about childh...
Before 1908, the nature of the developing society caused children at risk to commit crimes. In nineteenth century and even early of twentieth, there were many orphaned and negected children in the society. They came from Europe or other colonies and they could lose their parent during long time trip. The doli incapax defence, "the incapacity to do wrong" - children who under the age of seven (in some cases, the maximum was 13) were incapable to commit crime, was initially presumed. It misled that youth could be innocent when charged in every case. However, children could have the same intelligence as adults to know the consequences of doing wrong things. Thus, children who were convicted of criminal would face the same penalties and were treated as adult offenders (The evolution of, 2009, p1). However, sometimes, penalties went beyond justice – these children would receive harsh punishment for minor criminal acts.
When considering the idea of trying and sentencing juveniles as adults, it is important to know exactly what these procedures may entail. Amnesty International, a human rights group, found that Juveniles are often subjected to physical and sexual abuses while in detention (World: Americas Amnesty Says US Jails Too Many Children). An environment like this is far too hostile and dangerous for children. Not only does this environment bring on more punishment than needed, it is a major violation of human righ...
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.
While all societies acknowledge that children are different from adults, how they are different, changes, both generationally and across cultures. “The essence of childhood studies is that childhood is a social and cultural phenomenon” (James, 1998). Evident that there are in fact multiple childhoods, a unifying theme of childhood studies is that childhood is a social construction and aims to explore the major implications on future outcomes and adulthood. Recognizing childhood as a social construction guides exploration through themes to a better understanding of multiple childhoods, particularly differences influencing individual perception and experience of childhood. Childhood is socially constructed according to parenting style by parents’ ability to create a secure parent-child relationship, embrace love in attitudes towards the child through acceptance in a prepared environment, fostering healthy development which results in evidence based, major impacts on the experience of childhood as well as for the child’s resiliency and ability to overcome any adversity in the environment to reach positive future outcomes and succeed.
There are proponents of the debate that childhood is disappearing which will be discussed in this section which include Postman (1983), Elkind (1981) and Palmer (2006). In considering these points of view which are mostly American, one must firstly set in context what is meant by the disappearance or erosion of childhood. This key debate centres on Postman (1983) who wrote “The disappearance of childhood” which is a contentious book about how childhood as a social category which is separate from adulthood is eroding. He defines a point where childhood came into existence, which was treated as a special phase in the middle ages based on the work of Aries in his book “Centuries of childhood” (1962, cited in Postman 1983). According to Postman, a major influence on how childhood was perceived differently to adulthood was the invention of the printing press and literacy in the mid sixteenth century. That is to say children had to learn to read before the secrets of adulthood in particular sex and violence was available...
Introduction Capitalist system is essentially devoted to encouraging production and sale of commodities. Robbins (2005, p. 27) observes that, in a similar manner to the other aspects of culture, childhood tends to be socially created and the definition of childhood would thus vary from era to era and from society to society. In the contemporary capitalist society, the role of children takes a prominent position as they continue being pillars of the capitalist consumer society while becoming a primary target of corporates (Robbins, 2005, p. 27). This has prompted the discussions of the state of contemporary childhood to form a critique of capitalism. This paper seeks to provide the relationship that the contemporary child has with the capitalist