Patrick (Pat) Orr Case Study
Every childhood is worth fighting for
There are too many children whose rights are neglected by laws and institutions, who endure harsh and retributive punishments that stigmatise and marginalize them further. The lack of appropriate crime prevention efforts, support to parents to ensure a safe family environment, and education and employment opportunities for young people who are old enough to access employment, can lead to imprisonment and recidivism becoming a pattern for young people who are left with few opportunities to re-shape their future (The International NGO Council on Violence Against Children, 2013).
Criminalization of young people is discretionary as there are no pre-determined imperatives for governments and state agencies to process particular types of young people’s behaviour as crimes and react by treating the perpetrators as criminals. Yet, those in power chose to criminalize young people and apply the processes of formal intervention, regulation, control and punishment, and govern them in an uneven and inconsistent manner within and between youth justice systems (Goldson, 2013).
Crime is a cause and consequence of the breakdown of relationships. Research from the Prison Reform Trust (2013) illustrates how the absence of a family environment and wide-ranging social relationships can contribute to offending behaviour; in fact, that research has found that 76% of children in custody have an absent father. Nonetheless, the
The relevant legislation that has been implemented, (Children (Criminal Proceedings) Act 1987), has addressed issues that young people face. However, rights for young people still need to be addressed. Doli Incapax, The Children’s Court and Legal are measures taken to protect young offenders in regards to the criminal justice system. Ensuring that the child’s rights are protected there have been legislations passed to guarantee the enforceability of this alternative methods. Young people are treated differently to adults in the criminal justice system for three major reasons. They are; they prevent children and young people from being exploited, protect them from making uniformed decisions and protect others from being disadvantaged by dealing with a person that is a
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
New Labour youth justice policy and practice over the past decades have been deep-rooted in an ideological framework. That incorporates criminological theoretical both neo-liberal approaches in regarding young people who commit offences, that has become responsibility for the management of risk, and less tolerant of indiscipline more overtly in society (Muncie, 2008). Likewise neo-conservative ideologies that involves of left realisation of policy and reintegrative shaming. Whereby the offending activities of the individual are shamed with the punishment that suit the crime, however at the same time take in consideration the circumstances whereby the individual commit the offence (Hopkins Burke, 2008). Increasingly, in United Kingdom there have been a culture of fear which surrounding the youths in society influences in part by cases such as the murder of two year old James Bulger committed by ten year olds Robert Thompson and Jon Venables in 1992 as the contributing factors (Pitts,2001).
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.
Gail Garinger, the author of “Juveniles Don’t Deserve Life Sentences,” argues that children should not be struck down for life because they commit the most vile and horrible crimes imaginable, based on the sole fact that they are still adolescents, and that they should be given the chance for parole and rehabilitation because they are not fully developed; therefore, in her article she shows exceptionally strong ethos to support her claim. Garinger first exposes her strong ethos by using the authority of the Supreme Court to exclaim why the youth shouldn’t be punished to a life sentence for homicide or manslaughter by saying, “the Supreme Court
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
Research has revealed that a father’s involvement in his child’s life greatly improves the child’s chances for success. Helping incarcerated fathers foster stronger connections with their children (where appropriate) can have a positive effect for children. What is needed is stronger training of social workers and prison personnel to help males with bonding and effective parenting skills. Prisons also need to work on reorganizing visiting spaces in prisons because they are not always
The Child Abuse Prevention and Treatment Act of 1974 was originally created to protect a target population of children, under the age of 18, from child abuse and neglect; however, over the years this act has been amended and improved to protect a wider population, with many specific subpopulations, over the past 42 years. In the original text of the act, two specific populations are addressed with different goals: reducing the rate of child abuse in children under the age of eighteen, and improving the treatment of children who had been maltreated or neglected (National Low Income Housing Coalition, 2014). It is easy to see that this act and policies within it are aimed at protecting children specifically, yet looking only at the children,
A lot of Canadian youth face issues such as living in poverty, living in violent neighbourhoods and sometimes that leads to them becoming young offenders. In order to help these youth become positive contributing parts of Canadian society the impact that the Youth Criminal Justice Act and the Safe Streets and Communities Act has had on them must be studied. Therefore this essay will address the questions of whether the purpose of the legislation we have to deal with youth offenders is to rehabilitate youth or punish them, and whether or not the method being used by the Canadian government is effective in allowing young offenders to create and lead a stable life after being released from jail. This paper will argue that the main goal of the
Societies tend to view the youth as the future and hope of a nation. To a certain extent, societies observe the behaviours and potential of the young people to ‘estimate’ the political and socio-economic future of a nation. When there is what societies view as a deviance from the norm when in it comes to young people – often there is what is viewed as a ‘moral panic’. I will be looking at the ‘moral panic’ of youth crime or juvenile delinquency, the role of its ‘moral
Resulting in a youth crime rate of 4,322 per 100,000 youth population. Youth criminal behavior is a major worry for most societies, specifically when youth are preserved within the justice organization. For example, the United Nations Convention on the Rights of the Child provides a summary for the dealing of blamed under 18, specifying that states know the rights of children blamed of crimes to be “treated in a manner ... which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.” And that’s the most push factor people would think of while planning to
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
Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).
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.
Violence against children is a phenomenon happening worldwide, in forms of physical, psychological violence. Children are deprived of care, basic social services, health care and education, child abuse, neglect, exploitation, forced to beg, trafficked. Children are still one of the social groups at risk, facing many problems that remain unresolved. Although the consequences may vary according to the type and severity of the violence, the short and long-term consequences for children are very often serious and destructive and are costly. The laws that protect children’s rights are often not effective.