Research exercise (need to aim for HD) Essay Example

  • Category:
    Law
  • Document type:
    Article
  • Level:
    Masters
  • Page:
    2
  • Words:
    1363

Research Exercise

Question 1 and 2

Introduction

The report is geared towards the investigation of two vital interventions that the young deal with in NSW, for instance youth conduct order and youth justice conferencing. The objectives include; the demonstration of how the interventions address the prevention of the young from reoffending and the harm of the crime. The report will aim to address, the unintended and intended consequences.

Children’s preceding Act 1987

This is an Act that stipulates the conduct of criminal proceedings with regard to children a young people. In the Act the following interpretations are made; “A Child” is an individual who is less than 18 years of age. “Children’s court” refers to the Children’s Court of the New South Wales that is constituted by Children’s Court Act of 1987. “Imprisonment” is inclusive of penal servitude.1

Young Offenders Act, 1997

The Act is geared towards the establishment of a scheme which gives alternative procedures from court proceedings that are needed to deal with child offenders. It provides for the use of the following methods; warnings, youth justice conferences and cautions. It advocates for youth justice conferences that deal with offenders in a manner that meets victims’ needs, facilitates community based projects and emphasizes on the restitution of offenders2.

Findings, summary in the categories below:

a) Harm of crime

Youth Juvenile conference

Youth conduct order

Everyone suffers society and the offender.

Offender is held responsible

b) Prevent recidivism

Youth Juvenile conference

Youth conduct order

Advocates for parents and offenders to take responsibility

Address the cause of the crime

Prevent crime by keeping the young people busy

Restrict child from committing crime

c) Factors for a behavior supervision rather than conferencing

Youth Juvenile conference

Youth conduct order

Advocates for parents and youth to take responsibility.

Prevent crime by keeping children busy in safe environment.

d) Intend and unintended consequences

Youth Juvenile conference

Youth conduct order

Focus on rehabilitation

No crime record for the young offenders

Policies are intertwined between State and State organizations

e) Evolution

Youth Juvenile conference

Youth conduct order

Advocates for restitution.

It is a coercive mode of reprimand

Moves away from the normal court system

Makes use of offenders to form a panel

Question 3

Findings summary in the categories below:

  1. Harm of crime

Youth Juvenile conference

Young conduct order

Infringes on human rights

Infringes on human rights

Infringes on due process

Infringes on due process

Indigenous young criminals are sent to court straight away

  1. Prevent recidivism

Youth Juvenile conference

Young conduct order

Delinquents are sent to court straight away

Contractual governance is advocated for

  1. Factors for a behavior supervision rather than conferencing

Youth Juvenile conference

Youth conduct order

Peer pressure is very intense

Young people are kept busy in safe environment

  1. Intend and unintended consequences

Youth Juvenile conference

Youth conduct order

Infringement on human rights

There is no crime record for young offenders

Infringement on due process

Indigenous people are not governed by youth juvenile conference.

Indigenous people are not governed by youth conduct order.

  1. Evolution

Youth Juvenile conference

Youth conduct order

Advocates for community treatment as opposed to imprisonment.

Strives to move from the court system.

  1. Discussion

Contractual governance

Contractual governance as an instrument is a representation of a prominent type of social regulation that exists in the current individualistic consumer age (Webster, 2001). The increase in governance via contracts is closely bound up with numerous transformations in competency and capacity of given modern States (Crawford, 2001). The aforementioned has led governments in fostering the disaggregation of ‘purchases’ and the roles of ‘providers’ who are sponsored by sub-contracting and ultimately the introduction of quasi markets (Hood, 1991). This is the instance in which autonomy, choice and freedom have been turned into modern age totems. The contacts are thought to be constituent of behavioral characteristics (Osborne & Gaebler, 1992).

Contractual governance consequences among which include; routinization & diversification of control, policing via use of lifestyle, housing, education, borrowing of security & policy strategies of the state by non-state organizations, emphasis on security than justice, governing of the future than re-ordering the past, contractual controls are less punitive, more responsive and albeit more intrusive and are a form of restorative justice, the reforms are consensual than coercive. However, it does not apply to indigenous people who are taken to court straight away.

Youth Offender Contracts

Youth Offender Contract is a given type of contractual governance that was introduced through Youth Justice and Criminal Evidence Act 1999. It concentrates on restorative justice, responsibility and reintegration. The Act gives a directive for referral of a youth offender to a youth panel than to court. The panel is also constituted of at-least two trained volunteers who serve the community and a youth offending team member3.

Youth Conferencing

It facilitates the operation of the fifth section of Young Offenders Act of 1997. It diverts the young offenders from any type of formal court mechanisms. The Act advocates for offenders to be reprimanded by very minimal intrusive responses in line with their offences. However it excludes the following violations; offences that result into death, traffic offences, sexual assault offences and drug offences.4

Crime prevention

Crime prevention is pegged around the design, management and manipulation of the close environment in such a manner that it reduces the opportunities of crime. It is reported that crime is; as a result of opportunities and not necessarily predisposed (temptation coupled with opportunity). Prevention therefore assumes fundamental belief in choice by humans as it attempts to prevent crime which is as a result of an imbalance between rewards and risks. Prevention ultimately advocates for the focus on offences than offenders (Minton, 2002).

Human rights violation (article 40(2) h (i)

This article stipulates that any individual who performs an action that goes against an individual with regard to torture, sexual enslavement, rape, enforced prostitution, enforced sterilization, enforced pregnancy or any other form of sexual assault will be sentenced to 20 years imprisonment and no less than 10 years imprisonment.

Cohen’s Net Widening

It study’s the potential dangers of the use of restorative justice, social control and diversion. The vital concept that underlies the development of a number of sanctions, diversions and alternatives to imprisonment is to be able to do less harm than more good. The major setback is the widening of control over a large population is that it screens the individuals out. It has also been noted that the number of incarcerations increases as the use of community based sanctions increases hence the argument of some scholars that it is a major flop (Griffin, 2010).

Conclusion

Crime prevention by the utilization of police and imprisonment are not effective or efficient hence the use of contractual governance. It has been reported that there has been high recidivism after the use of imprisonment. The aforementioned stand has further been augmented by the works of Robert Martinson who reviewed reconviction rates to be as high as 231 which differs greatly from the use of rehabilitation schemes4. Contractual governance in the form of youth contract orders and youth conferencing are therefore more advocated for since they focus more on rehabilitation and solving of the causes of crime than anything else (Martinson, 1974).

References

Martinson, R (1974). What Works? Questions and Answers about Prison Reform. 35 Public Interest 22-54

Children (Criminals Proceedings) Act 1987 No. 55 NSW. Retrieved April 19, 2011 from http://www.legislation.nsw.gov.au/sessionalview/sessional/act/1987-55.pdf

Webster, C (2001).Gated Cities of Tomorrow; Town Planning Rev. 1149-69

Minton, A (2002). Building Balanced Communities: The US and UK Compared.

Litton, R.A (1982).Crime Prevention and Insurance. p. 6-22

Crawford, A (2003). Journal of Law and Society. Vol: 30, No.4. ISSN: 0263-323X, pp.479-505

Griffin, D (2010). Restorative Justice, Diversion and Social Control: Potential Problems.

Hood, C (1991). “A public Management for all seasons?”69 Public Administration 3-19.

Osborne, D & Gaebler, T (1992). Reinventing Governance.

Minton, A (2002). Building Balanced Communities: The US and UK Compared

  1. 1
    Children (Criminals Proceedings) Act 1987 No. 55 NSW Retrieved April 19, 2011 from http://www.legislation.nsw.gov.au/maintop/view/inforce/act+55+1987+cd+0+N

  1. 2
    Young Offenders Act, 1997 Retrieved April 19, 2011 from http://www.legislation.nsw.gov.au/maintop/view/inforce/act+54+1997+cd+0+N

3
Human Services Juvenile Justice (1997). Conferencing. Retrieved April 19, 2011 from http://www.djj.nsw.gov.au/conferencing.htm

4

Children (Criminal Proceedings) Ammendment Act (Youth Conduct Orders), 2008 Retrieved April 19, 2011 from http://vuws.uws.edu.au/webct/cobaltMainFrame.dowebct?appforward=http://vuws.uws.edu.au/webct/urw/lc5116001.tp0/viewMyWebCT.dowebct

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