Juvenile Justice System In Australia

The Australian criminal justice system approaches young offenders through unique strategies to address the challenges of dealing with juvenile offending. Even though young offenders commit a higher percentage of crime compared to adults, young offenders also have the highest likelihood to be rehabilitated and change their lifestyle as they mature, resulting in a lower court appearance percentage due to the different rights children have.

The Juvenile Delinquents Act brought some positive impacts on many young people who went through the juvenile justice system. However, many flaws appeared in this Act after a period of time. "Under the JDA, there were a number of differences in provincial prohibitions, variations in maximum age limits, and a wide range of financial commitment" (Covell & Howe, 1996, p.346). The juvenile offender under this law, which built a level of discretionary regime, had few rights with regards to the welfare. In addition, according to Makarenko, there was another limit of this act – the law did not charge against children by defining different circumstances, instead, it charged children with delinquency. The law offered judges with a great deal of rights in sentencing juvenile delinquents (2007, p.2).

The criminal justice system approaches young offenders through unique policies to address the challenges of dealing with juvenile offending. They take special care when dealing with juveniles in order to stop them from repeat offending and stop any potential bad behaviour which could result in future. Juveniles have the highest tendency to rehabilitate and most adopt law-abiding lifestyles as they mature. There are several factors influencing juvenile crime including psychological and social pressures unique to juveniles, which may lead to an increase in juvenile’s risks of contact with the criminal justice system.

There are a few common reasons for young people to be involved in crime. These include poor parental supervision, drug and alcohol abuse, neglect and abuse, homelessness, negative peer associations and difficulties in school and employment. The criminal justice system effectively deals with young offenders through unique techniques to address the challenges of dealing with juvenile offending. Even though young offenders commit a large percentage of crime, they also have the highest likelihood to be rehabilitated and change their lifestyles as they mature. There are several factors influencing crime by young offenders including psychological and

Currently each state and territory in Australia has its own individual legislation concerning juvenile crime. All state and territory laws do not conform to the Conventions on the Right of the Child and it is crucial that these laws are amended to better protect juveniles. The most effective reform that could be made is for each state and territory to amend their individual legislations to increase the minimum age to be criminally responsible from 10 to 12 with the doli incapax doctrine still being applied. Although it has been acknowledged that under the common law doctrine doli incapax, children between 10 and 14 are only criminally responsible if the individual is mature enough to realise the consequences of their actions, this assessment is left to the judge, often without expert knowledge from a phycologist (Amnesty International, 2015). Furthermore, it is crucial for Queensland to raise their maximum age from 17 to 18. This amendment will allow Australia to keep up with international standards while reducing Aboriginal crime in areas where crime rates are

Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic

In order to successfully treat juvenile offender we must first understand the different factors that contributed to their criminal behavior. We know that there is no underlined path to juvenile offending

The justice system assures that the protection of the public is taken into account when dealing with delinquents. The consequences received by youth, appear to be less severe than the adults; for the reason, that youth has much lower maturity level and are not mentally developed yet. One of the ways the protection of society is assured is by referring young people to programs, such as ‘John Howard Society’ and ‘Offender Work Programs’ to address circumstances underlying their offending behaviour. For example, a

It can be extremely difficult at times to provided appropriate and effective legal mechanisms in the area of age of criminal responsibility – that being the important transition from childhood innocence into the maturity and true responsibility that arises in adulthood and its association with the Australian criminal law. In order to deal with the grey area of age of criminal responsibility there are multiple specialised institutions such as the Children’s Court and juvenile detention centres. There have also been significant manipulations to particular pieces of legislation of the criminal justice system in order to clearly differentiate the legal rules of children and adolescents from that of legitimate adults.

“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The

Juvenile crime statistics show that offenders under the age of 15 represent the leading edge of the juvenile crime problem. "Violent crime grew some 94% among these youngsters from 1990 to 1995- compared with 47% for older youth (Siegel and Welsh, 2011).

Juvenile offenders are increasing day by day regardless of the efforts to control the youth crime. It is important to understand the fact that even though the offenders fall in the young age bracket, they are still a part of human species. Human nature responds to violent actions with violent reactions. Violent reactions cause an increase in the violent actions instead of controlling them. However violent reactions may cause a temporary stop in the violent actions which may lead the authorities to believe that they have contained the crime. However, that doesn't stand true as a temporary stop does not result in a permanent solution.

Young people represent the future of society. Consequently, they deserve respect and support while they develop in order to maintain a fair and just society. Therefore, it is the juvenile justice system’s responsibility to establish institutions and legislation to protect the important role that young people play in society. The system should also be driven by welfare and justice concerns as young people have special needs in regards to their age, and their physical, emotional and social development. It is essential that these welfare and justice concerns are addressed effectively by the system in order for young people to flourish. This essay will firstly assess the NSW juvenile justice system in regards to its treatment of young offenders in detention, in conjunction with its obligations under domestic and international law. Additionally, this essay will analyse evidence of welfare and justice concerns for youth offenders in detention in NSW. And furthermore, this essay will analyse the implications of youth detention on young offender’s and society. And ultimately argue that the NSW contemporary juvenile justice system is not driven by welfare and justice concerns. Given the fact that NSW has the highest rate of youth detention in Australia, and that there is overwhelming evidence to support the idea that youth detention carries detrimental physical and psychological consequences. Furthermore, the NSW juvenile justice system is not upholding the fact that young people

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.

It is a common believe that adolescents require a special system thru which be processed because they are “youth who are in a transitional stage of development…young offenders that are neither innocent children nor mature adults…” (Nelson, 2012). Because juveniles are in a process of constant development sociologically, psychologically and physiologically, the juvenile court system focuses on alternative sentences and the creation of programs that will offer them rehabilitation instead of incarceration. However, in cases of extraordinary circumstances, the juvenile system shifts from looking at rehabilitation as a first choice to accountability and punishment (Read, n.d). All levels of society are collectively involved in delinquency