Preview

Young offenders

Better Essays
Open Document
Open Document
1794 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Young offenders
The law can be defined as the “principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognised and enforced by offenders. This legal term can be explained as offenders who are less than 18 years of age at the time of committing the crime offence. Young Offenders need to be dealt with in a different and carefully considered manner by the law in comparison to adult offenders. Due to their young age and lack of adulthood experience, it leaves a very high possibility of the young offender having a different level of responsibility, understanding and require a different level of protection and assistance when being dealt with by the law. The law deals with young offenders in various effective ways such as; Doli incapax, Juvenile Justice Centres and the Children’s Court. These all greatly reflect the wide range of moral and ethical standards that will be unpacked throughout the essay. Therefore to a beyond reasonable extent the law reflects the various moral and ethical standards of our society when dealing with young offenders.

Doli Incapax has been proven itself effective in reflecting the moral and ethical standards held by society, in this case that is; recognising that children and young people, the younger they are can be less responsible for their offences due to their relative youth or inexperience depending on the case. This can be evidently represented in a number of cases supported by appropriate legislation. Doli Incapax can be defined as “incapable of wrong” hence cannot be held legally responsible for actions or be guilty for an offence and in terms of young offenders according to the Children’s (Criminal Proceedings) Act 1987 NSW, children under the age of 10 cannot be charged with an offence. As they are too young to form criminal intent and are not able to full understand the consequences of their actions and punishing a child under 10,

You May Also Find These Documents Helpful

  • Good Essays

    Thought out history there were some young offender but not a crime to get punished for. By modern times some crimes have be become unusual drastic of children. 2004 12 year old schoolboy was arrested ,fingerprinted, DNA tested and formally reprimanded.(Matthews) Only to find out that a fork was throw to a girl over a argument during recess.(Matthews)…

    • 1156 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Various adaptations and amendments to the laws surrounding Children and Young people exist which aim to reflect the morals of our changing society. The legal implications and adaptations in relation to Children and Young people have been effective in engaging with the rights of children and young people, as well as to find a morally-liable outcome to any criminal proceedings that directly involve a child or young person. This is evident in the effectiveness of the United Nations Convention on the Rights of the Child, as well as the effectiveness of the Children's Courts and Young Offenders Act.…

    • 834 Words
    • 4 Pages
    Good Essays
  • Good Essays

    <br>There is, however, debate over the need for change. Some say the current act is much too easy on youths and that they're getting away with too much. There are reasons situations, such as these misinterpreted ones, have come about. The YOA was designed keeping youth protection in mind, and experts in the area tend to refer to the fact that "…repeated studies have shown that it is not the severity of punishment which deters crime, but the certainty of it" (Daunt 1998 7). Therefore it is not surprising that thousands of good kids have been helped, and not hindered, by the current legislation on their way to a productive life (Good 1998 171). As well, the current YOA does have serious consequences for violent offenders, many of them ending up in adult court (Daunt 1998…

    • 749 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Not too long ago the House of Representatives approved “The Juvenile Crime Control Act of 1997” which would greatly increase the number of juveniles convicted and incarcerated in adult facilities. When I was made aware of this I took it upon myself to research juveniles tried as which in turn caused me to question whether juveniles should be tried as adult. Many claim that the age of the juvenile does not matter, if the child is old enough to do the crime they must do the time. On the contrary, I came to find that not only age but mental development in terms of cognitive development, the development of mental maturity and, formulation of personal identity have a lot to do with how the…

    • 1816 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    The criminal justice system has a branch for juvenile offenders. Established in the early twentieth century; it is the responsibility of this division to decide the fates of youthful offenders. This is administered by family court with support of social workers and family. With the increased number of youthful, violent offenders, many are being processed and sentenced as adults. Important issues such as culpability, severity of the crime, accountability, constitutional rights of the offenders and victims, and probability of rehabilitation, need consideration. When deciding the fate of juvenile offenders, it is important to implement the course of action best suited for the rehabilitation of convicted youth.…

    • 1689 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Young Offenders Act (YCJA)

    • 1146 Words
    • 5 Pages

    In 1982, the Young Offenders Act [YOA] was established. It replaced the Juvenile Delinquents Act [JDA] of 1908 and its main objective was to guarantee the rights and freedoms of Canadian Youth were being met. Many revisions and opportunities arose with the passing of the YOA. With the passing of the YOA, it provided the young offenders of Canada with extended rights, chances for rehabilitation, and also therapy institutions. The YOA takes into concern such elements of age, maturity, reasonableness, and seriousness of the crimes committed (Barnhorst & Barnhorst, 2004). Barnhorst & Barnhorst (2004) explained that the act was useful to Canadian Youth for an abundant of time however, some weakness become clear since the act was passed. Under the…

    • 1146 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The Young Offenders Act has been well received by commentators. It embraces the welfare model in relation to juvenile justice and promotes the rehabilitation of young offenders over traditional means of punishment and dealing with crime. The Act uses diversionary measures to find solutions to juvenile offending.…

    • 631 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Youth Criminal Justice Act

    • 2954 Words
    • 12 Pages

    The Youth Criminal Justice Act is a federal legislation that deals with deviance among youth. This policy is the third legislation to come into existence that separate criminal laws and courts for youth and adults. The purpose of this policy is to protect the public, issue purposeful consequences to the offenders, meet the needs of the victims, and distinguish between youth and adult justice. The Youth Criminal Justice Act is still fairly new, as a result its success still has yet to be precisely determined.…

    • 2954 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Much controversy exists on the question of whether a juvenile criminal should be punished to the same extent as an adult. Those who commit capitol crimes, including adolescents, should be penalized according to the law. Age should not be a factor in the case of serious crimes. Many people claim that the child did not know any better, or that he was brought up with the conception that this behavior is acceptable. Although there is some truth to these allegations, the reality of this social issue is far more complex. Therefore we ask the question, Should childhood offenders of capitols crimes be treated as adults?…

    • 2014 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Youth crimes have been risen 5% annually since 1990’ because the leniency of the youth justice system, other approaches should be implemented to accommodate the youth criminals. Punishment is one the better ways to result in a decrease in the frequency or seriousness of criminal activity; and some of those ways are incompatible with the concept of rehabilitation. People neither expect youths to be criminal nor expect crimes to be committed by them; the unforeseen intersection between childhood and criminality creates a dilemma that most of us find difficult to resolve. The only way out of this dilemma is redefine the offense as something more serious or redefine the juvenile offender as someone who is not really a child.…

    • 2101 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    There is a saying “If you do the crime, you must do the time”. But does that apply to children. Should children be tried as adults?. While some people praise this as a means of stopping young offenders before they start on a “career” of crime, others find it very inappropriate and unjust. This paper will examine questions, pros and cons of whether children should be tried as adults.…

    • 387 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Crime - young offenders

    • 2519 Words
    • 11 Pages

    Although it is recognised that young people do commit crimes, they are not often serious crimes. Legal issues faced by young people are often summary crimes such as drug offenses and petty theft, and these are dealt with in the Children’s Court. These types of crimes are considered less serious and often have alternatives to court such as warnings and cautions, especially for first time offenders, which is often the case for young people. Conversely, very serious offences such as homicide and sexual offences are very rarely perpetrated by juveniles. The Young Offenders Act 1997 recognises the potential lack of experience and maturity that young people have in relation to the law.…

    • 2519 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Indigenous Youth Offenders

    • 1528 Words
    • 7 Pages

    The criminal justice system uses a range of policies and international standards of law when dealing with young offenders. This is particularly evident when dealing with the rights of a child. The NSW criminal justice system draws legislation from such acts as the Young Offenders Act (1997), the United Nations CROC (1990) and the Law Enforcement (power and responsibilities) Act (2002). All of these acts of legislation are used to define that rights that each and every child has under Australian and NSW law. The criminal justice system portrays these acts and uses them to deal effectively with young offenders. Children have equal rights enjoyed by adults when arrested and questioned, although they also have other special protections and privileges due to their vulnerability and immaturity. They are as…

    • 1528 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Young Offenders Act

    • 784 Words
    • 4 Pages

    I am writing this essay on the Young Offenders Act for a few reasons. One being that I am a special agent sent from the future keep the fate of this Grade 11 English credit comfortably in Justin Faviere's upcoming report card. Secondly, I am trying to educate people who may not be aware of the benefits of the Act, or simply disagree with my opinion that the Young Offenders Act is a crucial part of our judicial system, regardless of it's imperfections. And last but not least, so I can educate myself on other people's ideas as to why they think that we should not have a Young Offenders Act.…

    • 784 Words
    • 4 Pages
    Good Essays
  • Better Essays

    suggests juvenile delinquency refers to crimes committed by children and youth. There is an ongoing discussion as to who should be held responsible for such crimes in scholarly publications , case law and the media (Brank et al, 2006; Brown et al, 2009). The responsibility for juvenile delinquency is usually associated with the delinquent (Economist, 1993), parents (Brank et al, 2006), the educational institutions (Brown et al, 2009) as well as the society, media and culture (Doi, 1998; Jones, 2008). According to the Economist (1993) Britain's most notorious juvenile offender and child-murderer was Mary Bell, who was found guilty of strangling two boys, one aged three and another one aged four, while the offender was only 11 years of age herself. Who shall be held responsible for such crimes? Who could be seen as accountable for such occurrences? This essay will look at those stakeholders in the situation that could be at least partly blamed for such occurrences.…

    • 1488 Words
    • 4 Pages
    Better Essays