Just as in Australia, juveniles are now being protected more than ever to help deter them from criminal activities. An understanding has occurred that juveniles need more recidivism programs and resources made available to them in order to accurately guide them into adulthood. Punishments have become less hardened on juveniles than ever before for the reason that juveniles don’t have the mental capability to understand fully right from wrong just yet. Many times a juvenile offender is just acting out for attention when they have committed a crime and with that understanding law officials can help them in a justly manner. Protecting the youth has become a prevalent issue worldwide and the need to help them be able to say no to criminal actions
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.
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 Australian Criminal Justice System doesn’t successfully balance the rights of juveniles with society’s needs for order. The main issues within juvenile justice include the sentencing options, juvenile wellbeing and the community perspective on juvenile offenders. The Australian Criminal Justice
The Australian criminal justice system acknowledges the immaturity of young offenders compared with that of adult offenders, and thus impose system in which their crimes are dealt with. A criminal conviction relies upon a two-fold basis whereby the actus rea and mens rea must be proved, however young offenders are treated with a different level of responsibility as they have not reached adulthood. Referred to as juvenile justice, offenders under the age of 18 are recognised as requiring a greater level of protection and assistance due to their state of dependancy. Such programs are specifically geared to protect young offenders and aim to deal with youth in a more effective manner due to their increased vulnerable state.This protection is consistent throughout the criminal trial process and covers all stages starting from acknowledging the age of responsibility.
As time has progressed, the Australian legal system has seen to the perpetual alteration of laws. In order to suit continual change in a contemporary and rapidly morphing society. The criminal justice system (CJS) is a scale which is continually reforming in an attempt to achieve justice for young offenders. However, achieving justice is a complex area and calls for the mandated evaluation of juvenile systems and Young Offenders Act (1997). In Australia the CJS aims to reduce recidivism and rehabilitate young law breakers by enhancing a combination of both welfare and justice. With such vast changes in this modern day society the law must be dynamic, responding to values and concerns, resolve issues as they develop, promote equality and respond
The primary aim of the criminal justice system in dealing with young offenders is the emphasis placed on rehabilitation the offender to become a functioning, law-abiding member of society. This is achieved through differentiating children and young offenders with the rest of society. Through the Children (Criminal Proceedings) Act 1987 (NSW), Young Offenders Act 1997 (NSW), Children’s Court Act 1987 (NSW), this is achieved. The Children (Criminal Proceedings) Act recognises inherent differences in maturity and responsibility between adults and children, affording greater protections to effectively respond to the vulnerabilities of children.
Imagine sitting in a courtroom, hoping the the judge will not give a harsh sentence. Unfortunately, that’s the case for many juveniles, some as young as 13! A juvenile is subject to a more severe sentence with the limited sentencing available. It is estimated that 250,000 youth are prosecuted as adults, each year. This number should change, as juveniles are not adults, both mentally and physically. Juveniles need an environment surrounded with guiding adults, education and the resources to help them. A juvenile is not an adult, and should not be tried as one.
The Juvenile justice system has undergone many changes since its establishment in the 1890s. These changes were implemented by the desire to have a justice system which is sensitive and responsive to the needs of minors.” Moreover, the juvenile justice system focused on the dynamic behavioral and environmental factors which motivate juveniles to commit a crime. As such, much weight has been given to the fact that minors lack moral and
This report will outline the changes made in the Youth Justice and other Legislation Amendment Act (2014). Juvenile Justice is the section of law applicable to people not old enough to be held accountable for adult crimes. The Juvenile Justice System in Queensland involves “Juveniles” aged 10-16, anyone older than 17 is at mercy of the Adult Justice System, but anyone under 10 cannot be charged for anything and are not seen as accountable for their actions. There was an increase of 4651 juveniles detained in Australia from 2011 to 2013 – and 85.8% of all these juveniles were found guilty or pleaded guilty. (Queensland Courts, 2013)
The issue of juvenile transfer to criminal court is a very sensitive subject to every individual who care about the young ones in society, because it pertains to our youths who are considered to be “the future.” Many will ask if it is right for us to allow juveniles to be transferred to adult criminal court, and if so under what circumstances. Some believe that the best course of action regarding juvenile offenders is not transferring them to criminal court but rehabilitation – these individuals view punishment as a failed strategy for changing behavior, teaching skills, or developing new or more positive
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how
The decision to transfer a youth to criminal court is a very sensitive subject to every individual who care about the young ones in society, because it pertains to our youths who are considered to be “the future.” Many will ask under what circumstances transfer should be allowed. Some believe that the best course of action regarding juvenile offenders is not transferring them to criminal court but rehabilitation – these individuals view punishment as a failed strategy for changing behavior, teaching skills, or developing new or more positive attitude and beliefs. While others believe that if they are old enough to do the crime, they should accept the court’s punishment. Over the years several young offenders have had their cases tried
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
Historically, it was established that minors were too young to be held responsible for criminal behavior and the juvenile law system was set up to handle these offenders, with a focus on rehabilitation, not punishment. However, although still under the legal age of majority, it is becoming more and more common for a minor who commits a serious crime
Youth crime and juvenile delinquency are very sensitive issues that are a concern in every society. The thought of criminalising people who are not even considered adults yet, and are not fully mature in cognitive development is a troubling issue. Yet, many societies are faced with the problem of young people committing crime. Many criminal justice systems around the world have schemes for juvenile delinquency and legal repercussions for the failure of young people to comply with the law.