effectiveness of the criminal justice system when dealing with young offenders

Judges and magistrates must consider a wide variety of factors when determining a sentence for an offender. Primarily, the sentence must coincide with the statutory guidelines e.g that set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences.

Youth can also pay for their actions through restitution, compensation, community services and other sentences that provide for close supervision and support in the community. If the youth is found guilty, the court may place the youth on probation for up to 2 years. While on probation, the youth must have good behavior and will be required to follow curfew, report to a parole officer and remain within the area. While the youth is on parole, the courts may choose where and with whom the youth may live and may include other restrictions to prevent the youth from reoffending. The court may also impose a fine of up to 1000 dollars, which must be paid by a specific time. If the youth is unable to pay the fine, they may be forced to go through a “fine option program”. The chances of a youth committing another crime are much smaller after a youth has been fined because once their parents pay this charge; they will most likely put forth a greater effort in disciplining their child. Community service is also a disciplinary sentence that the courts may impose. The youth may be required to perform up to 240 hours of work in the community over a 12 month period with certain organization. These forms of sentencing

The functionality of the criminal justice system can potentially be flawed by the lack of a clear, concise sentencing guidelines. Studies have shown that the circumstances of the offender, their families, as well as the community can be affected by any biased views in sentencing guidelines (Doerner, 2012).

This conviction carries a sentence of not more than 15 years, with the possibility of parole not less than one-third of the total sentence.

Do 48 hours of community service or spend two days or more in jail, and

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.

The United States Sentencing Commission (USSC) is responsible for the creation of the federal guidelines that are consistent across the United States . When the guidelines were originally established in the 1960s, judges were required to follow them and not go outside of these guidelines. This did not take into consideration outside factors, such as cooperation or admitting to their crimes. It wasn’t until the Supreme Court decision of Booker v U.S. in 2005 that that changed and judges were able to go above or below these

A more common practice would be fines, followed by suspended sentences (Subramanian & Shames, 2014), which is very similar to the American practice of probation, in which an offender must still report to a supervisor and show improvement in character (Subramanian & Shames, 2014). Task penalties can also be a possible sentence, like suspended sentences, the offender is still in the community and under a supervisor, but is also required to complete a work order, which can be training or another community based activity which teaches the offender different behavioral or communication skills (Subramanian & Shames, 2014). These penalties are allowing offenders to contribute and learn from their community to help develop better social and behavioral skills which may be new for certain

All crimes are not conducted with the exact process and mind behind it, which is why it is essential for a variety of sentencing options presented to court to maintain a just criminal system. The extensive array of sentencing options provides judicial benefits as they ease the selection process as he/she are not limited to one particular sentence but can impose a suitable punishment corresponding to the nature of the crime. When courts have these other options available, they can tailor a cost-effective sentence that suits the crime and offender. Incarceration (imprisonment) is a famously common sentence among the system however this traditional approach can be replaced by many alternatives that could be selected when imposing a sentence.

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

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 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.

It is essential for a variety of sentencing options to be presented in court as they are used to better fit a crime in which the level of crime is determined by the law. The extensive array of sentencing alternatives provides judicial benefits by easing the selection process as the Judge can impose a suitable punishment corresponding to the nature of the crime. When handing down a sentence, Judges can also consider the doctrine of precedent, in which this rule states that a crime of similar material facts should be handled in the same way. During the selection

"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

subjected to the juvenile justice system, but an alarming number of youths are transferred to