If Offenders, Young People Are Expected Act Like A Standard Person Of Their Age

The Civil Liabilities Act 2002 defines negligence as a failure on the part of the defendant which results in the harm of the plaintiff which could have been prevented by taking reasonable care. The breach of duty must be foreseeable, Sullivan v Moody. The risk must be not insignificant, and a reasonable person under similar circumstances would have taken precaution against the harm. In this case

In Caparo Industries plc v Dickman7, it was determined that courts had to test the duty by “whether the damage was reasonably foreseeable, whether there was a relationship of proximity between claimant and defendant, and whether it is just and reasonable to impose a duty.”8 If so, then a duty of care could arise.

Many of the youths that are incarcerated are in between 16 to 22 years of age, and many of these are male rather than female. Over forty-four percent of youths arrested are under the influence of alcohol, drugs, or sometimes the combination of both. Not only that but most of the accused commit the crime with someone, not by themselves. The young adults are more inclined to commit any type of crime under the influence or with some of their 'friends' encouragement. These are most commonly seen in teens who want and need to belong. The teenage years are a period of life that is shapeable by many stressors, such as physical changes, school, relationships with friends and parents, and also romantic relationships. Many succumb to the need to belong that they turn to people that are not the right motivator the adolescent needs.

Treating juveniles like they are adults in any shape or form is completely wrong. Previously I stated that I believed juveniles who commit violent crimes should be tried as adults, but after careful thinking and research, I feel very differently about this matter because they are still children mentally. They do not have the mental capacity to make informed decisions like adults. According to Albow (2014), when we allow our justice system to treat children or adolescence as adults so that we can be more punishing of their acts, we show no commitment to justice. What we show is our own contempt for the truth. Most juveniles between the ages of 14-17 are sometimes incapable of

If we were to put society under a magnifying glass today, we would see an astounding and concerning pattern. Majority of illegal crimes are being committed by young adults or underage children. These crimes can be anything from shop lifting and burglary to assault and murder. The familiar question between social experts and law enforcement is whether or not age plays a role in crime rates. I believe there are many different explanations for age playing a role in crime. For example, social and cognitive factors play a part in the issue. In the ages of young adulthood and adolescents, kids are no longer having feelings of attachment to their communities and/or families. At this point in their life, they are trying to find a home or a group of friends to call their family. This is why gangs are so popular. It also has to do with peer pressure. Kids/ young adults go out and commit crimes to be accepted by their peers. After breaking the law, they are greeted by congratulations from their friends. They also are drawn in by the rewards, whether that is for the excitement, acceptance, or money in general.

In Queensland, up until the age of 17, people in society are considered to be ‘juveniles’ in the eyes of the law. When a crime is committed by a juvenile, the laws are slightly different and carry different charges and sentences. The technicalities surrounding this can be contentious and in some cases it might be argued that there are issues with the way juveniles are treated in law. One issue with how the Queensland Criminal Justice System deals with juvenile offenders is the age at which Juveniles are considered ‘adult offenders’ and no longer ‘juvenile offenders’, as well as the transition from a Youth Detention Centre to an Adult Correctional Centre that a juvenile

the standards for adults that adult have the right to have a public trial by jury and are the standards for juveniles do not. Juveniles do not have to face some of the serious consequences like most adults do. When adults are giving jail time or even giving community service hours for crimes they have committed. However, juvenile is sent to a rehad facility to get help so this crime will not happen again. Juvenile commits a delinquent act while adults commits a crime.

The purposes of the Childrens (Criminal Proceedings) Act 1987 and the Young Offender's Act 1997 is rehabilitation and is intended to be the primary concern for the criminal justice system when dealing with Young Offenders. Statistics from the Australian Institute of Criminology show that the rate of detention for young offenders has decreased since 1981 by over 50%. However a study by the AIC found that there was no difference in the rates of reoffending, the report states that the adverse effects of imprisonment on employment outcomes and the evidence that custodial sentencing acts as a deterrent suggests these types of penalties should hardly be used yet 900-1000 young people are held in custody each day. The Young Offender's Act has been

You may hear that we should expunge some criminals’ records because they have completed their sentence, probation, or court ordered counseling. Maybe, now they are rehabilitated, not a drug addict, not violent, not a sexual predator, or maybe, they are that rare innocent person that was wrongly accused. Should we be compassionate that a criminal feels like he or she are being mistreated or is labeled as a dangerous person because they have a criminal record? Remember, they made the choices that put them where they are. Am I supposed to lose sleep because they cannot find a job? Or when they find a job they are told we do not hire ex-convicts here. Sorry, you served time in a jail, but we do not have any housing to offer you. How about the victim of the crime you committed that lost their house, their job, because they can’t function as they used to, due to fears or flash back on the assault you done onto them. My question is who is looking out for the victims that these predators attacked. Remember who the real victim is, the person that had their life changed because of some criminal minded person.

During my research to find why juveniles become offenders I found some interesting ideas, however, the most interesting would be a lack of supervision. In the article, YOUNG OFFENDERS: JUVENILES BEHIND ABOUT 80% OF CASES a police officer discusses an increased crime rate in the local area. The crimes start with stealing and could become worse such as drinking and driving, domestic abuse, and sexual assault. The police officer mentions this is in families that are going through hardships and the most influential factor is financial problems. There are some other factors that the police officer did not mention or at least was not recorded in this article. For example, another possible factor in this equation is who the juvenile is around who

Having proven there is a duty of care and it has been breached, the next step would be to show the breach was what caused damages. Causation has 2 main elements- legal and factual. In order to establish legal causation, one must use the “but for” test. In our case, the test would look something like, “But for Bill’s negligence, would Arthur’s accident have occurred.” This test only questions the facts of the case and is relatively straight-forward. Thus, ignoring everything else, no, Arthur would not have been in an accident if he had not been on the bridge, which Bill

Prison can be difficult for young offenders. There are many issues they face in prison because some of them are sentenced to adult prison.

I do not think it is a good idea to lock juveniles up in prisons with adults. For a child to set down and plan a murder for instance, there would have to be some kind of deep emotional problem. On the other side of this, if the child knows right from wrong and he can sit down and plan a murder, then you could say if he is old enough to kill someone then he is old enough to die. The juvenile criminal is rooted much deeper than right from wrong. It starts back from when they are small children. Most of them are usually outsiders or outcasts. Who can you hold fault for that other than society? If juveniles don't fit in with the popular kids in school they are considered an

A 15-year old juvenile delinquent from Minneapolis, Minnesota, finds himself in handcuffs after a fight with a classmate. Witnesses say it wasn’t much of a fight. “It took him (Peter Driscal) by surprise, he didn’t see it coming and when he did, it was too late” says one of the school's student. The fight took place during and after school. Sources say that the offender did what he did because Peter got him in trouble. Also, they fought because the offender thought Peter wasn’t afraid of him. The offender is a very troubled boy. He thinks he can only trust people if they are afraid of him. That is also a reason for the attack. Witnesses say that the offender started fighting him then knocked Peter too the ground and starting bashing his head

The federal government of Canada fifteen years ago, in 1984, the Liberal party changed the Juvenile Delinquents Acts to the Youth Offenders Act to have a “More human approach to the rights of young people before the law”(Leschild and Jaffe, 8:1991). In the present such as Premier, Mike Harris, of Ontario wants the federal government of Canada to scrap the Young Offenders Act. In 1999, the same party that came up with the act is making majors changes to the act. This report will look at the young offenders act at the present time, look at why kids commit crime, what is being done to improve the act, what has the province done towards teenagers and also a look at the United Sates youth system.