Assess The Effectiveness Of Juvenile Offenders Essay

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Assess the effectiveness of the criminal justice system in dealing with young offenders. The purpose of the criminal law is to balance of rights for individuals in society to achieve justice. The criminal law is continually reforming in an attempt to achieve justice for young offenders, as it is an issue of the criminal law. This essay will examine the effectiveness of the criminal justice system in relation to young offenders therefore looking at various aspects of the juvenile justice system. The criminal justice system does provide some effective and relevant concessions for young offenders. However, due to its focus on incarceration and punishment rather than on preventative measures, the criminal justice system is effective to an extent …show more content…

However, they are treated differently by the legal system when they commit a criminal offence. In NSW a child under the age of 10 is regarded as too young to form ‘mensrea’ which is referred to as doli incapax. As a result the Children (Criminal Proceedings) Act 1987(NSW) states that a child cannot be charged with a criminal offence under the legal system if the child is under 10 years. The principle of doli incapax in the criminal justice system is partially effective in giving rights to the children. However, it has raised concerns for the members of society in regards to justice for the victim as well as the society. This is shown in the case of Corey Davis - R v LMW [1999] NSWSC 1128 where a 10 year old boy threw 6 six years old Corey Davis in the water knowing that he could not swim. Corey’s death received great media outrage, especially when the children’s court ruled the offender not guilty of manslaughter due the principle of doli incapax. Nonetheless, the media attention and the negative public reaction towards the offender was perceived as a lack of justice for the society and the victim. therefore, the public pressure caused the Director of Public Prosecution (DPP) to charge the offender with manslaughter This case somewhat reflects the effectiveness of the justice system to an extent of responding to public

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