The document discusses young offenders in the criminal justice system. It outlines several key points:
1. It identifies common reasons why young people engage in criminal behavior such as poor parental supervision, drug/alcohol abuse, and negative peer influences.
2. Young people are treated differently than adults in order to protect their welfare and prevent exploitation, as well as protect others from unfair treatment due to their minor status.
3. The minimum age of criminal responsibility in NSW is 10 years old based on the presumption of doli incapax, though there are debates around possibly lowering this age. Alternative diversionary programs and a focus on rehabilitation over punishment are emphasized for young offenders.
Prisoner and Human rights with Bangladesh perspective
Author
Md. Abdul Karim
Depart of Law
ASA University Bangladesh (ASAUB)
E-mail: advkarim1994@gmail.com
Phone No. 01558964737
Juvenile Justice in India Policy and Implementation Dilemmas
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
Chapter 13 The Juvenile Justice SystemJuveniles were not alway.docxbartholomeocoombs
Chapter 13 The Juvenile Justice System
Juveniles were not always considered a separate group of individuals for the criminal justice system to address. Historically, it has been the family’s responsibility to control and punish children. Eventually, the development of parens patriae took hold, which meant in the best interest of the child. This allowed the states to step in to control delinquent, unruly children when the family was unable to do so.
Beginning in the 1960s, the U.S. Supreme Court started to address juveniles’ rights in the criminal justice system. The court established that juveniles were entitled to many of the same rights as adults were. The court did decide that juveniles were not entitled to a trial by jury, since that would make the system too adversarial. The main focus and goal of the juvenile system was rehabilitation and treatment.
· Introduction: Juvenile Justice System
· Built in part, on the approach that youth need protection and understanding
· Distinct from the adult CJS in that it reflects this perspective and has its own special terms and procedures
· Focuses on rehabilitation and the best interests of the child
· Juvenile Justice: A Brief History
· Grounded in English common law as jurists began to formally recognize and pass established standards related to a child’s inability to form intent
· Certain people were incapable of forming the intent or action of committing a crime and identified “infants” as children too young to understand their actions and consequences
· Children under the age of 7 were considered infants and viewed as incapable of forming the intent necessary for serious criminal offenses
· Older children, those over 14, were treated as adults
· Accountability for the in-between ages depended on the ability to distinguish between right and wrong
· Development of a Different System for Juveniles
· In the 18th century, children who engaged in wrongdoing were treated like adults in the penal system
· In the home, parents were responsible for controlling behavior
· Patria postestas established the father’s right to use strict discipline for unruly children
· By 19th century, increased birth rates, immigration, and industrialization resulted in high numbers of dependent and destitute children
· During 19th and 20th centuries, the child savers emerged as progressive reformers determined to improve treatment of juveniles
· Believed children were not inherently bad or evil but a product of their environments
· Initiated efforts to build institutions designed to rehabilitate juveniles
· Houses of Refuge, controlled by the state, provided shelter and structure for dependent, neglected, and delinquent children
· True age of reform began in 1899 with the creation of the juvenile court
· 1899, Illinois passed the Juvenile Court Act designed to “regulate the treatment and control of dependent, neglected, and delinquent children” and opened the first juvenile-specific court in Cook County
· By 1945, all s.
Prisoner and Human rights with Bangladesh perspective
Author
Md. Abdul Karim
Depart of Law
ASA University Bangladesh (ASAUB)
E-mail: advkarim1994@gmail.com
Phone No. 01558964737
Juvenile Justice in India Policy and Implementation Dilemmas
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
Chapter 13 The Juvenile Justice SystemJuveniles were not alway.docxbartholomeocoombs
Chapter 13 The Juvenile Justice System
Juveniles were not always considered a separate group of individuals for the criminal justice system to address. Historically, it has been the family’s responsibility to control and punish children. Eventually, the development of parens patriae took hold, which meant in the best interest of the child. This allowed the states to step in to control delinquent, unruly children when the family was unable to do so.
Beginning in the 1960s, the U.S. Supreme Court started to address juveniles’ rights in the criminal justice system. The court established that juveniles were entitled to many of the same rights as adults were. The court did decide that juveniles were not entitled to a trial by jury, since that would make the system too adversarial. The main focus and goal of the juvenile system was rehabilitation and treatment.
· Introduction: Juvenile Justice System
· Built in part, on the approach that youth need protection and understanding
· Distinct from the adult CJS in that it reflects this perspective and has its own special terms and procedures
· Focuses on rehabilitation and the best interests of the child
· Juvenile Justice: A Brief History
· Grounded in English common law as jurists began to formally recognize and pass established standards related to a child’s inability to form intent
· Certain people were incapable of forming the intent or action of committing a crime and identified “infants” as children too young to understand their actions and consequences
· Children under the age of 7 were considered infants and viewed as incapable of forming the intent necessary for serious criminal offenses
· Older children, those over 14, were treated as adults
· Accountability for the in-between ages depended on the ability to distinguish between right and wrong
· Development of a Different System for Juveniles
· In the 18th century, children who engaged in wrongdoing were treated like adults in the penal system
· In the home, parents were responsible for controlling behavior
· Patria postestas established the father’s right to use strict discipline for unruly children
· By 19th century, increased birth rates, immigration, and industrialization resulted in high numbers of dependent and destitute children
· During 19th and 20th centuries, the child savers emerged as progressive reformers determined to improve treatment of juveniles
· Believed children were not inherently bad or evil but a product of their environments
· Initiated efforts to build institutions designed to rehabilitate juveniles
· Houses of Refuge, controlled by the state, provided shelter and structure for dependent, neglected, and delinquent children
· True age of reform began in 1899 with the creation of the juvenile court
· 1899, Illinois passed the Juvenile Court Act designed to “regulate the treatment and control of dependent, neglected, and delinquent children” and opened the first juvenile-specific court in Cook County
· By 1945, all s.
Juvenile Justice SystemComment by Jamie Price Good job.docxtawnyataylor528
Juvenile Justice System Comment by Jamie Price: Good job with the title page
Chalyne A. Arvie
CPSS235
26FEB2018
JAMIE PRICE
Running head: JUVENILE JUSTICE SYSTEM
1
JUVENILE JUSTICE SYSTEM
7
Juvenile Justice System
Juvenile Justice System Development Comment by Jamie Price: Good job with using headings.
But your first paragraph should be an introduction.
Introduce the main points that will be covered. Let the reader know where the paper is going.
Refer to my help documents associated with this assignment for assistance with creating a good academic introduction.
In the United States, the adolescent court framework was established more than ten years before the main court establishment in 1899 in Illinois. Before its formation, all youngsters were considered as adults or grownup where they were punished in similar ways as adults. Prior to the creation of juvenile courts, the common law's infancy defense provided the only special protections for young offenders charged with crimes. The common law conclusively presumed that children younger than seven years of age lacked criminal capacity, while those fourteen years of age and older possessed full criminal responsibility. Comment by Jamie Price: This is good information but you need to cite your work.
If the information isn’t common knowledge, you need to cite it using in-text citations.
Some basic formats are:
Blah blah blah (Last name, year).
According to Last name (year), blah blah blah.
Last name (year) reported that “blah blah blah” (p. #).
“Blah blah blah” (Last name, year, p. #).
The history of the juvenile justice system dates as far back as to the bible to Roman Era time. In this period, it was the parent’s responsibility to punish their children, unless the child is in need of a more severe consequences. In the middle ages, common law was established in England. The use of shires, reeves, and chancellors were used. When being punished, the English used the same punishments on children over the age of seven as an adult. In eighteenth-century London, jails were created based upon workhouses. On July 1899, United States established the first juvenile justice system located in Illinois. The Illinois legislature passed the Illinois Juvenile Act that would disciple accordingly to children under the age of sixteen. The juvenile courts were to take jurisdiction over the children (Champion, Merlo, & Benekos, 2013). Comment by Jamie Price: Try to remove unnecessary words.
“is in need of a” = needs Comment by Jamie Price: Good job citing your work.
Predominant Philosophy of the Juvenile System
Alterations in the social origination ideology of youngsters and the system of cultural control in the nineteenth-century y led to the establishment of the very first juvenile court in 1899. To differentiate between the young and adult offenders, progressive philosophers made efforts to reform the juvenile court system. They developed new thoughts regarding adolescence and made the court ...
JUVENILE DELINQUENCY
THE CORE 5E
Chapter 12:
Police Work with Juveniles
History of Juvenile Policing
Specialized police services for juveniles is a recent phenomenon
Historical development of police organizations
Pledge system:
Neighbors protect each other
Watch system:
Created to police larger communities
Bobbies:
1st organized police force in London, in 1829
Sheriff:
In the American colonies
Historical development of working with juveniles
Delinquency control squads
Law Enforcement Assistance Administration
Juvenile police officer
Police and Juvenile Offenders
Primary responsibility is protection of public
Community policing emphasizes partnerships with the community
to address crime problems
Juvenile officers operate as specialists or are members of
a special unit
Role:
To intervene when actions of a citizen produce public danger or disorder
Qualifications:
Have had some general patrol experience
A desire to work with juveniles
Have a thorough knowledge of the law
Undergo special training
Police and Juvenile Offenders
Sometimes conflicts can arise when police are dealing
with juveniles
Primary duty of law enforcement vs. desire to rehabilitate youth
Best interests of child vs. discretion
Attitudes toward police:
Race: African American teens rated the police less favorably than all
other racial groups
Police contact: juveniles with prior police contact hold less favorable
attitudes toward police
Victims: juvenile crime victims are much less likely than adult victims to
contact the police
Use of juveniles as informants
True role of juvenile officer exists somewhere between law enforcer
and delinquency prevention worker
Police and Violent Juvenile Crime
Violent crime includes homicide, rape, robbery,
aggravated assault, and kidnapping
Juveniles account for 13% of all violent crime arrests
Police experiment with various methods of violent juvenile
crime control:
Directed patrols of hot spots
Proactive arrests of serious offenders
Problem oriented policing: addressing the problems underlying
incidents of juvenile delinquency rather than the incidents alone
Improving community connections is essential to
combating violent juvenile crime
Figure 12.1 Police Response to Juvenile Crime
Police and the Rule of Law
• Arrest of juveniles:
• Requires probable cause
• The main difference between arrests of adults and juveniles is the
broader latitude police have to control youthful behavior
• In loco parentis
• “In place of the parent”
• Serves as basis for taking juveniles into custody
• Search and seizure:
• Most courts have held that the 4th amendment ban applies to
juveniles and that illegally seized evidence is inadmissible in a
juvenile trial
• Arizona v. Gant (2009):
• A person may be searched after a legal arrest, but only in the
immediate area of the suspect’s ...
A sex offender registration and a life sentence are some of the punishments that await a violator of lewdness with a minor in Nevada. How to avoid these consequences with this blog from Atty. Ross Goodman: https://goo.gl/uvygE7
Juvenile Justice System Essay
The Juvenile Justice System Essay examples
Delinquents And Treatment Models
Juvenile Crime Essay examples
Essay on Juvenile Justice System
Juvenile Justice Essay
2. Hint: Young Offenders should always be included in a 15 mark
response as an example. Learn how to link this section with any
theme
3. AGE OF CRIMINAL RESPONSIBILITY
• Reasons for young people to be
involved in crime
• poor parental supervision
• drug and alcohol abuse
• neglect and abuse
• homelessness
• negative peer associations
• difficulties in school and
employment.
4.
5. • Reasons why young people are
treated differently to adults
• preventing children and
young people from being
exploited
• protecting them from the
consequences of making
uninformed decisions
• protecting others from being
disadvantaged by dealing
with a person who is a minor.
6. • ‘incapable of wrong’; the
presumption that children
under a certain age cannot
be held legally responsible
for their actions and cannot
be guilty of an offence
• Absence of Mens Rea, set
out in Children (Criminal
Proceedings) Act 1987
(NSW)
Doli Incapax
7. Hint: Go over your Children and the Law notes to support this
section
8. • Rebuttable presumption - a legal presumption in
favour of one party – it can be rebutted by the other
party if they can show sufficient evidence to disprove it
- 10-14 years
• Conclusive presumption - a legal presumption in
favour of one party that is final (conclusive) and cannot
be rebutted by the other party - under 10 years
• CROC supports this idea of the age of criminal
responsibility
10. • Children (Criminal Proceedings) Act 1987 (NSW)
lays out the minimum age of criminal
responsibility
• There are occasional debates within the public to
reduce this age
children under the age of 10
Great News Article
11. • The prosecution can rebut the issue of doli
incapax proving beyond reasonable doubt that
the accused child knew of their actions
children aged between 10 to 13
years
12. • Doli-incapax no longer applies
• young people under 16 years of age cannot have
a criminal conviction recorded against them
• Matters will be heard in the Children’s Court
young people 14 to 17 years
13. RIGHTS OF CHILDREN WHEN
QUESTIONED OR ARRESTED
• Some examples when a child must answer to police
• where the police officer suspects on reasonable
grounds that the person can assist them in
investigating an indictable offence that was
committed nearby
• Situations relating to vehicles and traffic
• Where a person is suspected of committing an
offence on a train.
14. • Children have the right to silence when
questioned by police
• Under s 13 of the Children (Criminal Proceedings)
Act 1987 (NSW) a responsible adult must be
present otherwise evidence may be deemed
inadmissible
• Police Searches are largely the same as adults
15.
16. • Law Enforcement (Powers and
Responsibilities)Act2002(NSW):
• Police are allowed to use reasonable force on a
young person to arrest
• Arrest and Interrogation are similar to adults, however
extra warning of young persons rights need to be given
arrest and interrogation
17. • For children under 14, police must apply to the
Children’s Court in order to take fingerprints and
photographs
• DNA samples, fingerprints and photos are to be
destroyed if the criminal matter is not proven in
court
In R v. CKT 1999 (NSW) (unreported), the police conducted
an interview with a murder suspect without the presence of a
supporting adult, believing he was over 18 years of age, only to find
out later this was not the case.
Therefore evidence gained during the questioning could not be
admitted into court.
18.
19. CHILDREN’S COURT -
PROCEDURES AND OPERATION
• Established in 1987
• No Jury
• Hears any offence but not serious indictable
offence committed by a child and driving offences
• Follows procedures from the Children’s (Criminal
Proceedings) Act 1987 (NSW)
Hint: Children’s court is a local specialised court
Link to Court Website
20. Hint: This system promotes the rights of young people when
accused of a crime
22. • Children may often
commence with minor
crimes
• The 10-14 age group
has shown an increase
since 2003
• Large cases involving
males throughout all
age groups
Hint: Under s.11 of the Children (Criminal Proceedings) Act 1987
(NSW), it is an offence to publish or broadcast the name (or other
identifying details) of a child involved in criminal proceedings.
23. PENALTIES FOR CHILDREN
• Purpose of rehabilitation is given primary weight (consistent with
CROC)
• Penalty imposed on a child shall be no greater than that of an
adult for the same offence
• Children should be assisted with reintegration into the community
• Children accept responsibility for their actions and if possible
make reparation for them
• Penalties include Control Orders, Good Behaviour Bonds,
Probation, Fines, Community Service
24.
25. • maximum time served is two years
• provide educational and recreational facilities
Juvenile Justice Centres (Control Order)
26. Hint: The reforms to the Bail Amendment Act 2007
and young offenders is a classic argument in crime
27.
28. • consider fines in light of the offender’s ability to
repay it
• Community service orders would be more
beneficial
sentencing consideration
29.
30.
31. ALTERNATIVES TO COURT
• The Primary Diversionary Program is in the Young
Offenders Act 1997 (NSW)
• Warnings, Cautions and Youth Justice
Conferences (Outcome Plan)
33. • Department of Juvenile Justice Community
Services (DoJJ)
• Support for juveniles that have problems seeking
bail and have been placed on remand
• Youth Drug and Alcohol Court Program (YDAC)
(closed in 2012)
• Diversionary program instead of custody, run by
NGO’s. Non-compliance will lead to incarceration
Hint: A classic way to link back to other sections in the crime
syllabus
34. EFFECTIVENESS OF THE LAW WHEN
DEALING WITH YOUNG OFFENDERS
• Legislation has passed to protect and improve the rights of
children in the criminal justice system
• Children’s (Criminal Proceedings) Act 1987 (NSW)
• Young Offenders Act 1997 (NSW)
• Deterring children away from custodial sentences
• Youth Justice Conferencing has been seen more
effective than incarceration/courts but still has not
decrease youth crime
News Article
35. CRIME: MULTIPLE CHOICE
Which of the following is a major consideration of the
Children’s Court when sentencing young offenders?
(A) Imprisonment is viewed as a last resort.
(B) Fines are regarded as appropriate punishment.
(C) Retribution is the main purpose of punishment.
(D) Community service is regarded as an inappropriate
punishment.
37. 2. A six year old boy, named Corey Davis, was pushed into a
river by a ten year old and
drowned. The ten year old could not be charged with
manslaughter.
The reason why the ten year old was not charged is known as:
a) voluntary manslaughter
b) involuntary manslaughter
c) doli capax
d) doli incapax
39. 3. A legal presumption in the area of young offenders meaning
that the onus is on the prosecution to prove beyond a reasonable
doubt that a child could have committed the offence is known as
a:
a) rebuttable presumption
b) conclusive presumption
c) judicial presumption
d) discretionary presumption
41. 4. The Children’s Court decides that a 15yr old should be sent to a
juvenile justice centre for twelve months: what is this an example
of:
a) Probation
b) A control order
c) A suspended sentence
d) A diversionary program
43. CRIME QUESTION: 15 MARKS
Evaluate the effectiveness of the criminal
justice system in dealing with young offenders
with respect to two issues
44. • Arrest and charge
• Bail and Remand
• Rights of the accused
• Legal Aid and representation
• Purposes for punishment:diversionary programs,
rehabilitation and restorative justice
AREAS IN THE SYLLABUS FOR YOUNG
OFFENDERS