Should juvenile offenders be treated differently to adult offenders Essay Example

offence in the Children's Court will not have a criminal conviction recorded against them.The number of young people in custody has significantly increased since December 2007 due to various factors including age, gender, and the types of offences. "Youth crime is a factor of economics circumstances, social circumstances, education, health, those are the factors that really affect youth crime, not policing, increased policing, increased use of detention or imprisonment." Juvenile offender rates have been generally twice as high as adult rates.

Juvenile offender rates have decreased from 1996/97 to 2003/04 from 3965 to 3023 per 100 000 per year. It then increased in 2005/06 and increased again in 2006/07 to 3532.However, the adult offender rate peaked in 2000/01 at 2100 per 100 000, in 2006/07 it was 1492 per 100 000 the lowest rate recorded. On an average day in 2006/07 941 juvenile offenders were held in imprisonment across Australia.

Reporter Mathew Carney states," Everyday a thousand young people are incarcerated in detention centres across Australia. Research shows it's not always the best answer- it's just creating a harder and bigger breed of criminals." More than two-thirds of the young people who receive a control order from the NSW Children's Court are convicted of a further offence within two years of their custodial order. Young offenders aged between 15 to 19years are prone to be processed by police for committing a crime than any other person.The offending rate for young offenders between the ages of 15 to 19 was four times the rate for offenders aged more than 19 in 2006/07. Costs associated with juvenile detention are very high.

For example "Phil Raams has just

been released from juvenile detention.. He's been in and out since he was 14...

at 17 crime and punishment is Phil's life. It's all he knows... he has been inside ten or 11 times..

. To keep Phil in Juvenile detention costs the taxpayer about $150 000 a year... but if he continues on his way then the community will end up paying well over a million dollars to fun the policing, the courts, and the jail terms needed to service his dysfunctional life."The Juvenile Justice process in Australia involves the police, courts, Juvenile Justice Departments, young people and their families, legal advocates and Non Government Institutions.

In NSW legal measures include:The Children (Criminal Proceedings) Act 1987 (NSW): that sets out the court procedures for juveniles. This act was amended by the Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2002 (NSW) to have people convicted of an indictable offence relocated to adult correction facilities when they turn 18.Children's Court Act 1987 (NSW): Sets out the constitution and jurisdiction of the Children's CourtThe Young Offenders Act 1997 (NSW): creates a scheme that presents alternative procedure to court proceeding for dealing with juveniles who commit certain crimes.Bail Act Amendments 2007: lengthens the grant of bail to a suspect in respect to a crime made before the start of that amendment, but only if the suspect is charged with the crime on or after that commencement. The NSW Attorney General John Hatzistergos states "the Government is pleased to introduce the Bail Amendment Bill 2007.The NSW Government is also determined to assess the legal principle of Doli incapax which it is assumed that children aged between 10 to 14 years

are incapable of knowing that criminal activity is wrong.

Youth Justice Conferences: promote youthful offenders to take accountability for their actions and to discourage them from reoffending.Juvenile Justice Centres and Juvenile Correction Centres: through these centres young offenders will leave the system with the exact skills and employment opportunity as any other person. "Inside they get the chance to go to school and learn job skills but rehabilitation is a difficult road ahead. Most kids in detention grew up in abusive broken homes. Trauma is a central part of their lives.

"Marist Youth Care program ConnectEd: provides diversion and intervention for kids at risk.There are many legal measures which attempt to achieve justice in the operation of the Juvenile Justice System in NSW.Under the children (Criminal Proceedings) Act 1987 (NSW) the court is required to be guided by certain principles. These are that children have both rights and freedom before the law as well as the right to be heard, should be given education and employment as procedures for correction, stay in their own home, and not be punished more then an adult for a similar offence, also take responsibility for their actions. Therefore this legal measure achieves justice for the offender. "Phil admits he's been inside so long he doesn't know how to look after himself.

He's never had a mother or father to look after him and he says that he's kept himself alive by bashing people for money."Children's Courts are unlike other courts as they are: closed to the public, the media are allowed to be present unless the magistrate or judge/s deem otherwise. However the name or other information that might identify an

offender, or witness must not be published without the consent of a child over 16 years or consent of the court for children under 16. This is to protect the identity and privacy of the juvenile as well as the main objective of the Juvenile Justice System to rehabilitate and re-integrate the child back into society.

Child Offender Phil says "I just need to know how to do it... someone who can show me how to do it, to lift me you know." Also in the Children's Court the proceedings are less formal and the child must understand the nature of the proceedings and can participate and be heard.

The Young Offenders Act 1977(NSW) became effective as of the 6th of April 1998. It changed the way the Criminal Justice System deals with young offenders by redirecting young offenders away from the court and Juvenile Justice Centres to different forms of intervention. It provides alternatives to court proceedings via a system of warnings and cautions issued by the NSW Police as well as Youth Justice Conferences.This legislation both covers summary and indictable offences that can be heard immediately. The Young Offenders Act 1997 (NSW) respond to a range of complex issues identified by the government in relation to Juvenile Justice.

Part of this is a process of healing. Accessibility of legal systems depends on costs and knowledge of procedures and time. The cost to go to court and be efficiently represented is very costly therefore it excludes many people. Case hearings can go on for a long time and the accused may be held on remand or bail while waiting for the trial.

This affects the

victim and the accused. People with limited education or don't understand the court procedures are disadvantaged as they are unaware of their rights. This Act aims to make juvenile offenders take blame for their dealings, recognise the victims rights, avoid the cost and time of the court proceedings and substitutes to detention.Through the amendments made to the Bail Act in December 2007 it has impacted on the increased number of children in detention on bail.

The amendment made to section 8B increases a grant of bail to a person in respect of a crime committed before the start of that amendment, however only if the person is charged with the crime on or after the start. "Therefore the provisions make it harder to re-apply for bail. Tougher policing, juvenile re- offenders, stricter bail conditions and changes to the Bail Act in December 2007 have resulted in an explosion in the numbers of children in detention on remand. In the last two years there's been an increase of 32%."The state feels that children up to 14 years of age are doli incapax which means not having the capacity for wrong conduct, therefore full criminal responsibility is assumed for children older then 14.

Children can still be tried in the Children's Court up to 18 years of age as the assumption that at 18 years children have full adult responsibilities in the Juvenile Justice System. Children up to 18 years are vulnerable and at different stages of maturity consequently therefore don't understand the wrong in criminal activity and are still developing, as a result providing protection from the firm operation of the legal system. The law makes

special conditions for the protection of juvenile offenders on the basis of age. There is consideration of increasing the age limit from 10-12 to 10-14 as the benchmark of the Juvenile Justice System as there is a belief that children who turned 10 but not 14 are incapable of knowing that criminal conduct is wrong.

Children are therefore protected from the accurate belief of full adult criminal responsibility.Youth justice Conferencing brings the offender, a parent, the victim, a supporter for the victim and a mediator together before a court appearance. Together the offender and victim must agree on a suitable outcome for the offender. This procedure allows matters to be addressed in a non threatening situation and facilitates the youth to gain access to services like counselling to resolve the matter. Youth Justice Conferencing is the only justice scheme which gives victims of crime the opportunity to address the offender directly and the right to refuse the result. Enforceability is vital for a law to be effective in achieving justice otherwise it is disputed.

The use of negotiation has been tried in jurisdictions in relation to the juvenile crime and it has been successful. Enforcing laws is costly therefore it is vital that money and resources are used efficiently.In the Juvenile Justice and Juvenile Correction Centres there are many services which are offered to imprisoned young offenders which include educational opportunities, vocational programs, independent living programs, drug and alcohol counselling services, legal services and others. Phil Raams tells Four Corners " he needs help to turn his life around." This is to provide the best opportunities for young offenders to be rehabilitated and back amongst

society.

These facilitates provide a safe and firm environment with placed importance on maintaining the rights and self-esteem of juvenile offenders and continuing family associations. "Juvenile Justice in New South Wales says detention is more about rehabilitation than retribution but the figures show 60% of these boys will re-offend within a year. It's no surprise that many will graduate to the big house- adult prison."ConnectEd the Marist Youth Care program is a non for profit agency dealing with young people at risk and is designed for young people and their families. It is an active new educational and employment program for young people pursuing their future from crime. However they are now seeking independence and wish to engage in education and training that the services at ConnectEd make available to them.

Sonny Glover " the 17 year old was heading for a life of crime. By the time Sonny was 11, he'd had 37 foster placements and he was getting into trouble with the law... However it has been 6 or 7 months since ConnectEd intervened and changed his life around"Equality before the law means that all people who come before the law are handled equally despite their individual circumstances.

The legislations on juvenile justice take into account the age of criminal responsibility before the law, and the reality that being a juvenile does decrease accountability before the law. Consequently equality for juveniles can be achieved, as all juveniles are considered to have reduced criminal responsibility due to the fact that they are children and are doli incapax. Equality which is stated in the various legislations on juvenile justice does not occur during the operation

of the legislation by law enforcement officials, like police officers however, during the court proceedings.Individual rights must not be violated by the Juvenile Justice System. Victims rights are: to have access to compensation, be informed of suspects arrested, be informed of pleas or charges made, be protected from the accused and informed of hearing dates and roles or witnesses.

The accused rights are: to not have DNA taken without consent, no legal search without consent, the right to remain silent, be allowed bail, legal representation, to have recorded interviews, appeal, and be detained if arrested. Therefore these rights achieve justice for all parties involved.Lisa Graham, Marist Youth Care Worker in Sonny's unit says " my experience of working with young people is that the interventions have to continue, they're not one off. It's not do something at 13, do something at 15, you've got to keep going with it and you've got to be accepting the fact that they will make mistakes.

Young people make mistakes just like any you person and that we have to able to say well that's, what we learn from... that mistake and how can we keep moving forward so it's a question of getting them to trust new ways."