This document discusses gangs, violence, and different approaches to justice. It addresses what constitutes a gang and weapons. While some youth groups are mislabeled as gangs, evidence shows most youth offending is group-related. Regarding gangs, carrying weapons is often for protection and violence is rarely pre-meditated. The document also outlines the retributive justice system and restorative justice approaches, with the latter seeking to include all affected parties and find mutually agreeable outcomes.

1. Violence, retribution &
restoration
John Clark & Bob Bowman

2. Questions & issues from wk 8
regarding:
Weapons
Sticks, stones, knives, ropes, guns. What constitutes a weapon?
Violence
‘Violence against the person’
Gangs
What is a gang? When is a gang not a gang

3. Groups, gangs & weapons 1.
 Mislabelling of youth groups as gangs runs the risk of
glamorising them & may even encourage young people to
became involved in more serious criminal behaviour
 While evidence shows that most offending by young people is
group related in some way, it is less clear whether group
offending by young people has increased in recent years, despite
an increase in public perceptions of groups of young people
posing a problem.

4. Gangs continued 2.
 Most young people who had carried a knife claimed
that this was only for protection & that they had
never actually used them.
 Young people who offended together were not
necessarily tied exclusively to a particular group
and they might also associate with non-criminal
peers.

5. Gangs ctd 3.
 Where group violence was anticipated, members might carry
weapons, which included knives but might also be improvised,
such as sticks and bottles. Few routinely carried a knife - not
least because of the risk of being stopped & searched by the
police
 Despite claims that many knew how to get hold of guns, with
the exception of one gang member, there was little to suggest
they had ever had possession of a gun, still less used it

6. Gangs ctd 4.
 The young men involved in group offending recognised that
there was a certain kudos in claiming to be a gang.
 However. They tended to see most such claims as empty
boasts and drew clear distinctions between their own group
affiliation and gang membership. Real gangs were
distinguished by transgressing certain norms they
themselves adhered to, particularly with regard to their
deliberate use of unacceptable levels of violence.
Source: Derived from Youth Justice Board (2007)

7. Gangs discussion
 When is a group a gang?
 Are gangs always wrong in themselves?
 What constitutes a gang?
 For the media?
 For the Police
 Common behavioural traits, common interests,
common purpose?
Ways of dressing , common places of
congregation?

8. Judicial responses to violence
 Retributive (punishment based)
 Rehabilitative (welfare based)
 Restorative (conflict resolving)

9. Retributive Justice system
 It is not against the law to belong to a gang
 The law will respond to unlawful behaviour by individuals or
groups (gang members)
 A retributive system views a wrong caused to be an offence
against the public at large
 Courts & judicial authorities act on behalf of the victim and
society & institute (state) prosecution
 Demanding public accountability (admission of guilt)
 Administering punishment in order to deter.
 Much of the criminal law should be concerned with advice &
assistance with prosecution & punishment as a last resort
 Is this system effective in addressing violent crime?
 This system is so much the norm that any alternative requires
strong justification & political support

10. Youth Justice System Flowchart (summary)
Please note that offences of assault against or between children must be disclosed on a CRB
application, always have to be declared subsequently and & can result in being unable to
embark on courses or take up work with children or other vulnerable groups
 1st Offence if fully admitted (& not so serious as to warrant prosecution)
Might be dealt with by way of Community Resolution or:
 CAUTION (administered by Police & recorded. An RJ diversion can also be administered at
Police discretion)
 2nd Offence if fully admitted (& not so serious etc) will result in:
 CONDITIONAL CAUTION ( Police decision, recorded & citable in Court on future occasions +
referral to YOS for assessment/intervention )
 3rd Offence will result in:
John Clark 2013

11. YJ system ctd
 3rd Offence will result in:
 PROSECUTION IN COURT (This will lead to one of the following court orders or interventions)
 Referral Order (between 3 and 12 months for first offence in Court if admitted & not serious
enough to merit Custody, can be extended but not repeated unless exceptional circumstances)
 Reparation Order
 Fines, Discharges, Compensation Order & Deferred Sentence for less serious offences
 Subsequent offending will result in a Youth Rehabilitation Order (no minimum period and up
to 36 months. Can be used more than once and based on seriousness of offence & risk)
 And which could contain:
 Reparation, attendance centre, supervision, unpaid work (for 16 & 17 only), mentoring,
education, family intervention.
 Other control elements could include:
 Prohibited activity, curfew, exclusion, drug testing/treatment, residence and electronic
monitoring, Intensive fostering & intensive supervision & surveilence.
 Serious offending can result in custody.
 Detention & Training Order (Custody for up to two years for 12-17 yr olds)
 Intermediate and extended public protection
 Section 90/91 ( Crown Court custody & only for the most serious offences)
John Clark 2009

12. YJ system ctd
 Also in existence are: Curfew Orders,
Parenting Orders & Drug Treatment &
Testing Orders
 Anti-social behaviour measures include
Acceptable Behaviour Contracts & Anti-
Social Behaviour Orders. Breach of ASBOs
can result in Custody
 John Clark RJ/YOS 2009

13. Retributive system of justice
 Is this system effective in addressing violent
crime?
 The system is so much the norm that any
alternative requires strong justification &
political support
 Given the lack of public confidence, in
conventional systems, why is society in this
country so reluctant to consider alternatives to
it?

14. Restorative system
 In Restorative Justice the process through
which decisions are made and the future
planned is essential.
A restorative processA restorative process:
 Seeks to include all the people effected by
an incident
 Encourages and facilitates opportunities for
communication
 Seeks to agree mutually acceptable
outcomes
 Is respectful and attempts to strengthen all
participants.

15. Restorative Justice is:
 An inclusive process for those who are victims and those
who have offended
 Provides an expanded role for victims to be able to regain
personal power, speak about feelings and to be involved
and make decisions about how their needs can be met.
 The person who has offended is enabled to take personal
responsibility for their actions, actively work to repair harm
caused to victims, learn about personal harm caused to
victims and work to make amends to the victim and to the
community
John Clark 2010

16. Judicial responses to violence
(& offending generally)

17. Restoration, gangs & violence
 Examples from gang cultures in U.S. &
elsewhere
 What does a restorative approach bring to
incidents of violence?