scholarly journals ‘I’m not getting out of bed!’ The criminalisation of young people in residential care

2018 ◽  
Vol 52 (1) ◽  
pp. 76-93 ◽  
Author(s):  
Alison Gerard ◽  
Andrew McGrath ◽  
Emma Colvin ◽  
Kath McFarlane

Evidence from both Australian and international jurisdictions show that children in residential care are over-represented in the criminal justice system. In the current study, we interviewed 46 professionals who had contact with young people in residential care settings in New South Wales, Australia. Our sample included police officers, residential care service providers, legal aid lawyers and juvenile justice workers, about their perceptions of the link between residential care and contact with the criminal justice system. Factors identified by the participants included the care environment itself, use of police as a behavioural management tool, deficient staff training and inadequate policies and funding to address the over-representation. These factors, combined with the legacy of Australia’s colonial past, were a particularly potent source of criminalisation for Aboriginal children in care.

Author(s):  
Leanne Dowse ◽  
Therese M. Cumming ◽  
Iva Strnadová ◽  
Jung-Sook Lee ◽  
Julian Trofimovs

2018 ◽  
pp. 142-161
Author(s):  
Nikki Jones

Chapter 5 tells the story of Jay, one of several young men that Eric and his group tried to support shortly in his efforts to break free from the criminal justice system. I first met Jay when he was in his early twenties. He was just beginning to construct the kind of narrative and life that would lead him away from the street. Five years after our first meeting, I found myself speaking at Jay’s funeral. This chapter reveals the limitations of buffer-and-bridge work when it comes to changing the life trajectory of young men like Jay and highlights the limitations of the crime-fighting community when it comes to protecting Black youth from violence. The chapter provides a compelling illustration of how and why individualistic efforts at transformation or narrowly focused calls for the redemption of Black men in general and Black fathers in particular – narratives often embraced by a variety of community residents – will always fall short of delivering young people from the various forms of violence that shape their adolescence.


2018 ◽  
pp. 217-246
Author(s):  
Adam Malka

Slavery in Maryland died during the 1860s, but for all of their promise the changes also brought heartbreak. As Chapter 7 shows, black men’s acquisition of a fuller bundle of property rights and legal protections brought them into conflict with the very criminal justice system built to guard those rights and ensure those protections. White commentators scoffed at black men’s supposed indolence and bristled at their households’ apparent disorder; police officers arrested black Baltimoreans for an expanding list of crimes; and black people, black men in particular, were incarcerated at growing rates. During the years immediately following the Civil War, Baltimore’s policemen and prisons perpetrated a form of racial violence that was different from yet indicative of the violence inflicted by the old order’s vigilantes. Castigated as criminals, freedmen’s legal victories provoked a form of policing reserved for the truly free.


Youth Justice ◽  
2020 ◽  
pp. 147322542090284 ◽  
Author(s):  
Roger Smith

This article draws on historical understandings and contemporary models of diversion in order to develop a critical framework and agenda for progressive practice. The argument essentially revolves around the contention that typically diversionary interventions have been constrained by the contextual and ideological frames within which they operate. They have in some cases been highly successful in reducing the numbers of young people being drawn into the formal criminal justice system; however, this has largely been achieved pragmatically, by way of an accommodation with the prevailing logic of penal practices. Young people have been diverted at least partly because they have been ascribed a lesser level of responsibility for their actions, whether by virtue of age or other factors to which their delinquent behaviour is attributed. This ultimately sets limits to diversion, on the one hand, and also offers additional legitimacy to the further criminalisation of those who are not successfully ‘diverted’, on the other. By contrast, the article concludes that a ‘social justice’ model of diversion must ground its arguments in principles of children’s rights and the values of inclusion and anti-oppressive practice.


2006 ◽  
Vol 188 (6) ◽  
pp. 541-546 ◽  
Author(s):  
Barbara Barrett ◽  
Sarah Byford ◽  
Prathiba Chitsabesan ◽  
Cassandra Kenning

BackgroundThe full costs of accommodating and supporting young people in the criminal justice system are unknown. There is also concern about the level of mental health needs among young offenders and the provision of appropriate mental health services.AimsTo estimate the full cost of supporting young people in the criminal justice system in England and Wales and to examine the relationship between needs, service use and cost.MethodCross-sectional survey of 301 young offenders, 151 in custody and 150 in the community, conducted in six geographically representative areas of England and Wales.ResultsMental health service use was low despite high levels of need, particularly in the community Monthly costs were significantly higher among young people interviewed in secure facilities than in the community ($4645 v. $ 1863; P < 0.001). Younger age and a depressed mood were associated with greater costs.ConclusionsYoung people in the criminal justice system are a significant financial burden not only on that system but also on social services, health and education. The relationship between cost and depressed mood indicates a role for mental health services in supporting young offenders, particularly those in the community.


2008 ◽  
Vol 46 (3) ◽  
pp. 183-189 ◽  
Author(s):  
Scott J. Modell ◽  
Suzanna Mak

Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.


2016 ◽  
Vol 12 (1) ◽  
pp. 57-70 ◽  
Author(s):  
Dorothy Newbury-Birch ◽  
Ruth McGovern ◽  
Jennifer Birch ◽  
Gillian O'Neill ◽  
Hannah Kaner ◽  
...  

Purpose – The purpose of this paper is to review the evidence of alcohol use disorders within the different stages of the criminal justice system in the UK. Furthermore it reviewed the worldwide evidence of alcohol brief interventions in the various stages of the criminal justice system. Design/methodology/approach – A rapid systematic review of publications was conducted from the year 2000 to 2014 regarding the prevalence of alcohol use disorders in the various stages of the criminal justice system. The second part of the work was a rapid review of effectiveness studies of interventions for alcohol brief interventions. Studies were included if they had a comparison group. Worldwide evidence was included that consisted of up to three hours of face-to-face brief intervention either in one session or numerous sessions. Findings – This review found that 64-88 per cent of adults in the police custody setting; 95 per cent in the magistrate court setting; 53-69 per cent in the probation setting and 5,913-863 per cent in the prison system and 64 per cent of young people in the criminal justice system in the UK scored positive for an alcohol use disorder. There is very little evidence of effectiveness of brief interventions in the various stages of the criminal justice system mainly due to the lack of follow-up data. Social implications – Brief alcohol interventions have a large and robust evidence base for reducing alcohol use in risky drinkers, particularly in primary care settings. However, there is little evidence of effect upon drinking levels in criminal justice settings. Whilst the approach shows promise with some effects being shown on alcohol-related harm as well as with young people in the USA, more robust research is needed to ascertain effectiveness of alcohol brief interventions in this setting. Originality/value – This paper provides evidence of alcohol use disorders in the different stages of the criminal justice system in the UK using a validated tool as well as reviewing the worldwide evidence for short ( < three hours) alcohol brief intervention in this setting.


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