scholarly journals The Adultification of the Youth Justice System: The Victorian Experience

2020 ◽  
Vol 37 (1) ◽  
pp. 99-113
Author(s):  
Natalia Antolak-Saper

In early 2018, an Inquiry into Youth Justice Centres in Victoria (Inquiry) found that a combination of a punitive approach to youth justice, inadequate crime strategies, and a lack of appropriately trained and experienced staff at youth justice centres, greatly contributed to the hindrance of the rehabilitation of young persons in detention in Victoria, Australia. In addition to identifying these challenges, the Inquiry also determined that the way in which young offenders have been described by politicians and portrayed in the media in recent times, has had a significant impact on shaping youth justice policies and practices. This article specifically examines the role of the media in the adultification of the Victorian youth justice system. It begins with a historical examination of youth justice, drawing on the welfare model and the justice model.  This is followed by a discussion of the perception and reality of youth offending in Victoria. Here, it is demonstrated that through framing, the media represents heightened levels of youth offending and suggests that only a ‘tough on crime’ approach can curb such offending; an approach that has been adopted by the Victorian State Government in recent years. Finally, the article considers how recent youth justice reforms are examples of adultification, and by not adequately distinguishing between a child and adult offender, these reforms are inconsistent with the best interests of the child.  

Youth Justice ◽  
2009 ◽  
Vol 9 (3) ◽  
pp. 239-253 ◽  
Author(s):  
Sunita Toor

This article provides an understanding of the role of honour ( izzat) and shame ( sharam) in the lives of British Asian girls. It indicates key facets embedded in izzat and sharam that determine and shape the experience of punishment for Asian criminal girls in Britain. In addition, the article provides an insight into why, as a consequence of izzat and sharam, Asian girls are especially invisible as offenders in the youth justice system. Finally, an understanding of izzat and sharam highlights the limitations of using restorative justice practices with Asian young offenders.


2007 ◽  
Vol 9 (3) ◽  
pp. 244-256 ◽  
Author(s):  
Ian Waters

The government and the Youth Justice Board of England and Wales have placed considerable emphasis on robust community interventions for young offenders, and the vital role of multi-agency work in Youth Offending Teams (YOTs). The police are expected to play an increasingly important part in the control of persistent young offenders, and to facilitate a ‘joined-up’ criminal justice system. This paper discusses the involvement of the police in the Intensive Supervision and Surveillance Programme (ISSP) which is targeted at the most serious and persistent young offenders. It is shown that such involvement primarily revolves around the concept and practice of intelligence-led policing, and the sharing of information between ISSP teams and the police. The specialised knowledge and functions of police officers form key elements in the implementation of the ISSP, and were widely welcomed by other professionals in ISSP teams and YOTs. Whilst the research suggested some cynicism, or lack of knowledge, about the programme amongst local police forces, police officers seconded to YOTs were generally supportive of the ISSP.


Youth Justice ◽  
2011 ◽  
Vol 11 (3) ◽  
pp. 250-265 ◽  
Author(s):  
Alex Newbury

This article presents findings from in-depth, semi-structured interviews with young offenders and Victim Liaison Officers, and observations of youth offender panels. It focuses upon the attitudes of young offenders towards victims and their reactions to the prospect of meeting the victim of their offending face-to-face as part of their referral order. Significant tensions between the aspirations of restorative justice and the reality of present practice in the English system are examined. The article proposes change in relation to justice disposals for incipient young offenders, particularly in relation to the ubiquitous use of restorative justice approaches for this group.


1999 ◽  
Vol 28 (4) ◽  
pp. 577-594 ◽  
Author(s):  
PATRICIA GRAY

In the past two decades ‘decarceration’ and ‘deinstitutionalisation’ have been key themes of youth justice in the West. Restrictions have been imposed on the courts, limiting their ability to hand out residential and custodial training sentences to young offenders. As an alternative, resources have been redirected into the development and expansion of community-based rehabilitation programmes. However, in Hong Kong large numbers of young offenders continue to be placed in residential and custodial institutions after very brief criminal careers, and for crimes which do not pose a serious risk to the community. This article makes use of a recently published research study to discuss the experiences of young male offenders in the Hong Kong youth justice system, and to consider why community-based rehabilitative programmes as direct alternatives to residential training and custody have been slow to develop. It then goes on to explore how from a cultural perspective the use of community-based programmes might be justified and how they could be developed around existing sentencing guidelines.


2017 ◽  
Vol 16 (3) ◽  
pp. 102-111 ◽  
Author(s):  
Jo Staines

Purpose The purpose of this paper is to provide a response to a recent government-commissioned review of residential care (Narey, 2016), and the subsequent government response (Department of Education (DfE), 2016), which minimises the correlation between the experience of being looked after and becoming involved in the youth justice system. The Narey review emphasises on the role of early adversity in looked after children’s offending behaviour but minimises the significance of experiences during and after care, and downplays the effect of policies and practices that may exacerbate looked after children’s involvement in the youth justice system. Design/methodology/approach The paper builds upon a systematic literature review conducted for the Prison Reform Trust (Staines, 2016) to demonstrate the extent of current knowledge about how risk factors, adverse experiences during and after care and the criminalisation of looked after children combine to increase the likelihood of involvement in criminal proceedings. The paper also highlights gaps in the research evidence, particularly in relation to gender and ethnicity. Findings The findings suggest that the Narey review (2016) and the government response (DfE, 2016), are misguided in their attempts to minimise the role of care in looked after children’s disproportionate representation within the youth justice system. The paper cautions against the over-simplification of a complex relationship and emphasises on the importance of recognising the intersection between different factors. Originality/value The paper uses secondary sources to develop an original argument to rebut claims within a recently published review.


2010 ◽  
Vol 18 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Raymond Arthur

AbstractIn the Republic of Ireland the government has proposed amending the Irish Constitution in order to improve children's rights. In this article I will argue that the proposed amendment represents a serious diminution in the rights historically afforded to young people who offend, disregards Ireland's commitments under international law and also ignores the well established link between child maltreatment and youth offending. The Irish approach echoes developments in the English youth justice system where the welfare concerns of young people who offend have become marginalised. I will compare the Irish and English approaches with the Scottish youth justice system which looks beyond young people's offending behaviour and provides a multi-disciplinary assessment of the young person's welfare needs. I will conclude that in Ireland, and in England, the best interest principle must be applied fully, without any distinction and integrated in all law relevant to children including laws regulating anti-social and offending behaviour.


1998 ◽  
Vol 44 (3) ◽  
pp. 399-411 ◽  
Author(s):  
Jane B. Sprott

This study examined the frequently reported finding that the public believes that youth court sentences are too lenient and that young offenders should be processed in the adult justice system. These beliefs, along with the view that sentences for specific cases should be harsher, were all related to one another in an Ontario, Canada, survey. However, the nature of the relationship was complex, and more detailed analyses suggested that the wish to imprison young offenders was not solely a desire for more punitive responses but instead was due, in part, to perceptions that alternatives to prison were ineffective.


2018 ◽  
Vol 14 (4) ◽  
pp. 493-503
Author(s):  
Dikgang Moseneke

AbstractIn 2014, something happened that changed how the media report on court proceedings in South Africa. The Oscar Pistorius trial proceedings attracted much media attention. International journalists flocked into South Africa in droves. Our newspapers, our televisions, our radios, even our Facebook feeds were flooded with information. An entire twenty-four-hour television channel was created with the sole purpose of televising, and then discussing, the proceedings. Everything about the trial – the judge's rulings, the witnesses who gave evidence and especially the verdict – clogged social-media newsfeeds on laptops and other devices for months on end. This has changed irreversibly the manner in which the media and the justice system in South Africa converge. Through a focus on the debates in and out of the courtroom that the Pistorius trial generated, this paper explores the intersection between the judicial function, the media and the public. It was an important moment in post-apartheid South Africa, ushering in a new way of making and distributing judicial images to the public and thereby bringing into being new ways for the media and the public to access and assess the adjudicative role of judges.


1998 ◽  
Vol 40 (2) ◽  
pp. 127-152 ◽  
Author(s):  
Peterson-Badali Michele ◽  
J. Koegl Christopher

2020 ◽  
Vol 13 (1) ◽  
pp. 1-22
Author(s):  
Eric Baumgartner

Boys and young men continue to make up 81 percent of the Youth Justice System (YJS) in England and Wales, yet dominant discourses on young people who have been identified as having offended largely neglect to examine the potential role of masculinity in offending and interventions. This article aims to fill the gap of research in this area by exploring the role masculinity may play as understood by practitioners. It concludes that practitioners closely link “localized forms of hegemonic masculinity” to offending behavior of boys and young men.


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