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History and development of the juvenile court and justice process
Youth justice system introduction essay
Implications of youth restorative justice
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There is no doubt that youth justice practises have changed throughout the years, these changes have been made to adapt to the new challenges that present themselves today. Crime in general, but particularly youth crime is a consistent problem for society.
It was during the mid nineteenth century in England when the parliament initially recognised juvenile delinquency as a distinctive social phenomenon and accepted the responsibility not only for young offenders, but also for the children who, though not in trouble with the law, required full care and protection. Children who stood before the courts were no longer seen as little adults but were seen as beings in their own rights who were entitled because they lack full responsibility for their actions. Through this change in status it accomplished the introduction of reformatory rather than punitive treatment. A reformatory system undoubtedly distinguishes a child’s offence from an adult crime replaced penal systems which made little dedicated provisions for children. This departure culminated in Herbert Samuels Children Act 1908 (Margaret May 2002). The Children Act 1908 represented a key step in the progress of the idea that children were a special category of problem. Through the establishment of Juvenile Courts which were criminal courts in terms of the procedures and giving them jurisdiction over the care and protection issues. The Juvenile Courts became the family law courts which dispensed family justice. The courts and the state can intervene for the first time in working-class family life when children are seen to be immoral, conditions which were regarded as neglect included: truancy, begging, being beyond control etc...
Molony Committee
The Mol...
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...llows the authorities to tackle their delinquent behaviour but to also seek to reform their personality and way of life inside an institutionalized setting in which thorough discipline was imposed and which then imitated the harsh conditions of industrial employment.
Works Cited
Brown, S. (2005) Understanding Youth and Crime: Listening to Youth. England: Open University Press
Hendrick, H. (2006) ‘Histories of Youth Crime and Justice’, In B. Goldson and J. Muncie (eds) Youth Crime and Justice. London: Sage
Home Office (1927) Report of the Departmental Committee on the Treatment of Young Offenders, Cmd 2831 (The Molony Report). London: HMSO
May, M. (2002) ‘Innocence and Experience: The Evolution of the Concept of Juvenile Delinquency in the Mid-nineteenth Century,’ In J. Muncie, G. Hughes and E, McLaughlin (2002) Youth Justice: Critical Readings. London: Sage
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
In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating th...
Few social issues get as much media attention as youth crime. Statistics Canada reported a 3% increase in crimes committed by 12- to 17-yearolds between 2005 and 2006. In the last 15 years, the rate of violent crimes among young people has increased by 30% (Youth crime, 2008). From gangland-style killings in Vancouver to the senseless beating of an elderly woman in Hali-fax, Canadian cities are struggling with a wave of youth crime that was unimaginable a couple of decades ago. According to Statistics Canada, most Canadians believe that youth crime is on the rise and 77% believe that the sentencing of young offenders is too lenient (Youth crime, 2005). Many experts attribute the spike in youth crime to the increased number of street gangs - often the perpetrators of youth crime (Catalano and Hawkins, 1996). Research indicates that youth seek comfort from those who welcome them and reinforce their sense of belonging. Unfortunate-ly, some youth have no choice but to turn to street gangs in order to satisfy their need for approv-al, belonging and self-worth (Clark, 1992). Street gangs are not just issues in big cities. Over the last few decades, there has been an increase in the presence of street gangs in non-metropolitan and rural communities. For example, in 1960, there were 54 cities in the United States with a gang population. In 1995, there were street gangs in approximately 800 cities and towns across the United States (Swetnam and Pope, 2001). There is no consensus among experts on how to reduce youth crime. Criminal involvement usually starts before the age of 15, with first-time of-fences declining markedly once young people reach 20 years of age. Young people who become involved in criminal activities before the age of 14...
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juvenile as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability
Opinions such as those found in the Smith Family Youth Unemployment Report (2003) which hypothesize that juvenile crime is directly connected to the high rates of youth unemployment in Australia cannot be neither accepted nor critiqued until there is a clear understanding of what the terms “Youth Unemployment” and “Juvenile Crime” mean in the context of this essay. In this essay youth unemployment is generally taken to include the entire 15-24 age cohort – not just 15-19 year old teenagers – who are no longer at school or university and who are without a job. I have chosen to include 20-24 year olds under the banner of “Youth”, as it gives a fairer picture of the performance of all young people in the labor market and takes into account the pattern of employment both during and after leaving school or university.
Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders,
Before the Progressive Era, children who were over the age of seven were put in jail with adults. In the early part of the 1800’s reformers started to become concerned with the overcrowded environment in the jails and prisons, and the corruption young kids were experiencing when locked up with adult prisoners. The Progressives in the late nineteenth century started to push for universal reform in the criminal justice system (Myers, 2008). The Progressives looked to move away from the penalizing aspect and more towards a rehabilitative system, with regard to the rectification of delinquent children and adolescents. A specific group of Progressives, called the "child savers," focused the majority of their attention on finding and curing the causes of juvenile delinquent behavior. The child savers group viewed the juvenile offenders as adolescents in need of care and direction, not punishment (Myers, 2008). In In re Gault (1967), Justice Fortas summed up the views of the child savers: “The early reformers were horrified by adult procedures and penalties, and by the fact that children could be given long prison sentences and thrown in jails with toughened criminals. They were overwhelmingly convinced that so...
To begin, it must be understood that the Young Offenders Act is a replacement piece of legislature for the outdated Juvenile Delinquents Act. The Juvenile Delinquents act was enacted in 1908, and was replaced by the Young offenders Act on April 2, 1984. The Juvenile Delinquents Act was a part of legislature that focused mainly on parental and social welfare of the child. It dealt with children as young as seven years of age regarding not only criminal behaviour but also sexual immortality. The Juvenile Delinquents Act allowed for many different courses of action for any child that was found to have delinquent behaviour. Placements in an industrial school for an indefinite period of time, committed to the children’s aid society, or placed in a foster home were all available options under the Juvenile Delinquents Act.
June/July 21-26. Eldelfonso, Edward. A. Law Enforcement and the Youth offenders: Juvenile Procedures. New York: Wiley, 1967. Hyde, Margaret O. & Co.
References Glick, B. (1998) No Time to Play: Youthful Offenders in Adult Correctional Systems. American Correctional Association Wilkerson, I (1996) “Death Sentence at Sixteen Rekindles Debate on Justice for Juveniles.” New York Times, November Butts, J.A. and Snyder, H. (1997) “The Youngest Delinquents: Offenders Under the Age of 15,” Juvenile Justice Bulletin (Washington, DC: U.S. Department of Justice) Lefevre, P.S., “Professor Grapples with Execution of Juveniles.” National Catholic Reporter Snyder, A. “Serious and Violent Juvenile Offenders” (1997) National Center for Juvenile Justice
How the courts manage young offenders has changed drastically over time. Partly because of the development of the rights of a child and also due to changes in the justice system as a whole. From 1908-2003 there were three different acts legislated to protect young offenders. As time went on, laws that were applicable in 1908 ended up being not as applicable for the early 1980’s. As society progressed the need for different laws did as well. I am going to discuss and give a brief background on the three acts Canada has had over the years to protect youth in the justice system.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.
Historically under English common law, juvenile offenders faced similar treatment as adults. Lately, juvenile justice system has evolved to include stiffer penalties, sanctions and strict standards to ensure
In England, conforming to the Civitas’s Crime report Youth Crime in England and Wales (2010) the youngest age that someone can be prosecuted is as young as ten years old. It is also mentioned that trailing, patrolling and applying penalties on young offenders costs almost four billion pounds annually. The numbers of first time offences committed by a young person has decrease over the years; according to the Youth Justice Statistics (2014) youth crime is down by 63% since 2002. In regards to the offences themselves, nearly every offence category has decreased in reoccurrence with exception to drug offences declares Civitas’s Youth Crime in England and Wales (2010). The same report states that theft and handling remains the highest volume category taking up 21% of all youth crime. It is shortly followed by violence against a person, 19.5%, and criminal damage, 11.9%. It can be concluded from both aforementioned reports that crime in the UK is decreasing. Contrariwise to this, youth reoffending rates are soaring concludes Civitas’s Youth Crime in England and Wales (2010).