Criminology: Youth Justice System and Theories of Youth Offending

This document explores the general principles of youth justice, including the conflict between justice and welfare approaches. It also discusses two theories of theoretical criminology that explain the causes of youth offending. A case study is analyzed to determine the most appropriate perspective. The legal rights of young offenders are examined, along with a risk assessment, conclusion, and sentence proposal.

Running Head: Criminology
Criminology
Student Name:-

Criminology
Contents
PART A: GENERAL PRINCIPLES of youth justice..................................................................................2
1. Two distinct philosophies have dominated youth justice theory and practice namely “justice” and
“welfare” approaches:..............................................................................................................................2
2. Which two theories of theoretical criminology best explain the causes of youth offending?...............3
PART B – CASE STUDY..................................................................................................................................5
3. In the Case of Shaun, which perspective is the most appropriate, the justice or the welfare
approach? Explain your choice................................................................................................................5
4. When Shaun was arrested and taken to the police station, what legal rights would he have been
entitled to?...............................................................................................................................................6
5. Risk Assessment, Conclusion and Sentence Proposal of the report provided.....................................6
Section 4 Risk Assessment.................................................................................................................7
Section 5 Conclusion and Sentence Proposal.....................................................................................7
Reference:...................................................................................................................................................9
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PART A: GENERAL PRINCIPLES of youth justice.
Youth justice has an important part in the criminal justice system. Youth justice system is facing a broad
range of challenges in the last few years. Youth offending team and custodial establishment played a
significant part in the development of practice within the youth justice system. We cannot accuse only the
government for lacking legislative zeal in the field of youth justice.
The National Association is the organization of the youth justice system. This association exclusively
campaigns for the children’s rights and justice which is troubled by the law. It seeks to promote the
welfare of the children and to advocate the children violating the law in England’s youth justice system.
(Youth Justice Statistics, 2019).
1. Two distinct philosophies have dominated youth justice theory and practice namely
“justice” and “welfare” approaches:-
There has been a conflict between the welfare and justice approach. Welfare approach priorities
the welfare of juvenile and the young people who is in the anxiety with the law and the principle
of Justice Approach is that the justice is an essential legal safeguard for ensuring the rights of
children in contradiction of inconsistent or irrational methods of sentence.
The New Labour government is setting up a youth justice board and the youth offending team for
the justice and welfare of youth. It is also restructuring the non-custodial punishment for the
youth available to youth court that have intensified community programmers in some quite
innovative efforts to reduce youth offence.
The best recognized distinction in every model is justice and welfare approach of the youth
justice system around the world. In every model of the youth justice system they mark out the
differences of these two basic approaches.
The welfare approach emphasizes paternalism and protection which believes in the treatment of
the youth offenders rather than giving any rigorous punishment or formal justice. Because
children are on the stage of immaturity they cannot take decision on their own basis, the level of
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their thinking cannot be regarded as rational and self-responsible, but relatively their offences or
any illegal actions are the creation of the environment where they are living. All illegal action of
the youth offender is the attribution of dysfunctional element of the environment of that youth.
Welfare approach believes that it is the duty of the justice system to ascertain the real social
cause of the offences and preserve these fundamental social cause of offence instead of
punishing them for the offence itself without identifying the root and cause of the offence.
The common criticism of this model is that every individual is responsible for one’s own action
and this theory is undermining this idea. It has been also criticized for compulsory intervention
without trail and indeterminate treatment these practices encourage state dependence, and
destroy an individual’s rights. Young person’s responsibilities increase with the increasing rights
of young person. If the citizenship is the right or the young person in same case if they do any
illegal act then they must accept the responsibility of their actions…it was stated by Hazel
(2008).
The justice methodology is in the favour of sentencing and prescribed justice and in sentencing.
This theory believes that making offender accountable for their crimes is the best idea for
reducing the crime in the society. All individuals including children are fully responsible and
reason agents for their own actions and so that they should be responsible before the law. The
charge of the justice system in this approach is to consider the degree of the culpability of the
offender’s then punishing them according to their involvement and seriousness of their offending
behavior. Fundamental to this model are the inverse concepts of rights and responsibilities.
Every individual is responsible for their own action and their human rights would be endangered
by legal system while confirming the all involvements with full legal process. Justice approach
was not in favour of treating the individuals for their action rather it believes in awarding
sentence to them for their offences or criminal actions. (Pickford, 2012)
2. Which two theories of theoretical criminology best explain the causes of youth offending?
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Criminology is the branch of knowledge regarding crime and offense as social phenomenon. It
includes the process of making laws for preventing the society, actions which comes under the
breaking laws and how society and justice system is reacting to the breaking laws.
Certain acts which are prohibited by the law and undesirables by the society are defined as a
crime. The political society and the justice system react on these certain actions by punishing the
offenders with a term of sentence, intervention and take action for preventing the society from
the crime.
Two theories of theoretical criminology best explaining the causes of youth offending are:
The differential theory of criminology by Edwin Sutherland:
Edwin Sutherland originates the differential theory of criminology .This theory believes that
criminal behaviour is the learnt behaviour of the individual which is learnt by the social contact
with other individuals who are living in the environment of the individual and believes that this
behaviour is right. This behaviour is not invented by them and the skills and techniques required
in any criminal activity are not obtained by him from birth, they acquired this behaviour through
a process of learning from any other criminal. If any person spend frequent amount of time is
probably involve in the criminal behaviour with a person who engages himself in a criminal
behaviour or with a person who has a background in criminal history and rely on it is
admissibility.
The labeling theory by Howard Becker and Edwin Lemert:-
Becker believed that deviance and conformity emerge from the response of other person rather
than from the individual’s actions. According to the labeling theory deviance is a creation of the
rules of social groups and when these rules labeled the particular individuals as a deviant. In the
Criminal prosecution individual is always labeled in a negative way, rather than in a positive
way. This theory believed that stigmatizing people while understanding the individual’s past
with the present deviance can often lead to retrospective labeling. For example if an individual is
retrospectively labeled as a murderer it will be difficult for the individual to see themselves in
positive roles such a friend, parents, neighbour, worker and to overlook these labels. Lemert
believes that it is unfair to an individual because retrospective labeling destroy an individual’s
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life in a prejudicial way. Actual cause of young people’s deviant career is stigmatizing with
retrospective labeling. (Banks, 2013)
PART B – CASE STUDY
3. In the Case of Shaun, which perspective is the most appropriate, the justice
or the welfare approach? Explain your choice.
In the Case of Shaun, he was punished several times using justice approach, pointing out that this
will not only deter him from committing further criminal acts but also act as a deterrent to others.
The justice approach is best, but it has no effect on the future behaviour of growing child, and at
its worse, has an unfavourable effect on future behaviour. In the Justice approach criminal justice
system causes the offending behaviour of the young offenders by not giving a chance to cure and
treatment of the real cause of offence. This is the direct cause that young offender became a
repeat offender or even starting to commit heinous crimes of a more serious nature.
The Criminal Justice Act 1989 clearly express that welfare of the children should be the most
important consideration of the courts.
We believe that in Shaun’s case Welfare is the most appropriate approach which focuses on the
needs, cure and treatment of the children. In justice approach imprisonment of the young
offenders make it more difficult for the young offenders to unite back into the society and not do
any crime in future. The welfare approach introduces that instead of imprisonment of young
criminals placed them in a community punishment order. It would bring out the offender
working in the society as compensation for his criminal action. The work done would be
deliberate in terms of social welfare. Shaun felt a sense of rejection from his parents. Now Shaun
observes the gravity of his situation and disappointed for what he does. Also His crime is not a
serious itemized offence under the provision of the Criminal Justice Act 2003, schedule 15.
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4. When Shaun was arrested and taken to the police station, what legal rights would he
have been entitled to?
The United Nations Convention on the Rights of the Child obliges that juvenile offenders will
not be tortured by the police offices while they were in the custody. Court cannot award capital
punishment or life imprisonment to the juvenile offender who is under 18.Young offender will
not be dispossessed from his rights illegally or indiscriminately. The detention or sentence of a
juvenile offender shall be in orthodoxy with the law and shall be used only as a degree of last
remedy and for the direct suitable date or time.
Arresting officer has an obligation to notify young offenders of their rights. At the time of his
arrest he was under the age of 18. He was entitled to some extra benefit then other adult
offenders. UN Convention on the Rights of the Child and the Children Act 1989 describe a
juvenile as someone who is under the age of 18 (Children Act 1989, 2007)
Shaun was entitled to call his parents, friend or relative, who in turn can contact an attorney or he
can contact an attorney directly. If he cannot afford an attorney, he has a right to be represented
by a state-appointed attorney: - Section 56 of Police and Criminal Evidence act 1984
He had a right to ask the police for the notice of delinquency charges he faces.
He was entitled to consult with his solicitor. Consultation with his solicitor will be independent
and given privately at any time.
He had a right of protection if someone is bullying him and racial harassing in the police station.
He must communicate to the police if he is not well, need medicine or have an injury. Police will
arrange healthcare professional to see him free of charge. He cannot be forced to testify against
him. He had a right that no one can compel him for making any statement against him.
He had a right to endure his silence in the absence of his solicitor or his parents no officer can
force him to speak against his wish.
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He had a right to bail as he was detained and indicted with criminal offence but he will leave the
police station on such terms that he will present in the court on an exact day at a definite time.
In some points legal right of juveniles offenders are differ from adult offenders. Some extra
benefits are provided to juvenile offenders which they will not get if they turn 18. Records of
Shaun’s offences are recoded in the juvenile court systems which are sealed. If he will met with
the all conditions of court then court erased their records so that he will not suffer his entire life
because of his offences.
Age of Shaun is 17; police will transfer him in Local Authority Accommodation or Youth
Offending team before his trail in the court. They will work on Shun and will try to find out the
real cause of his offences and make him sure that he will not do it again.
5. Risk Assessment, Conclusion and Sentence Proposal of the report provided.
Section 4 Risk Assessment
Abuse and misuse of drugs are primary health problems. Injurious drugs are monitored in
relation to arrangement systems that idea to relate the harms and risks of each drug. The Margins
of Exposure are defined as ratio among toxicological threshold (benchmark dose) and estimated
human intake. In contempt of these initial struggles for toxicology-based risk assessments, the
best accepted methods exist still based on professional board rankings on maltreatment symbol
for example sensitive and chronic toxicity, obsessive capability or civil damage (Lachenmeier &
Rehm, 2015)
Shaun was 17yr old and sentenced for the offence of possession and supply of class A drug. It is
not his first time he is also sentenced for theft and robbery. Possession and supply of drug is a
very serious crime. Possession of Controlled drug is not only the risk factor the person who is
taking it is also the risk factor of the all person’s livings in his surroundings. Using drug by youth
is bigger risk of mental health including depression, addiction of the abusive substance,
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personality disorders, and thoughts of suicide and attempting suicide. According to their needs
they started doing criminal activities like theft, murder, rape, fraud and robberies.
Adulterous drugs are the component of many types of harm and crime. The drug adductors
frequently use drugs and in the intoxication of drug harm the other individuals by doing illegal
activities. Criminals and gangs generally linked to violence and exploitation. Abusing Drugs are
the root cause of these criminal actions like countless crime, thefts and robberies, and are
regularly linked with inhumane behaviour and civil matters.
Youth Crime action planned aimed to reduce the youth offenders below the age of 18. This was
accompanied by a strategy of non-negotiable support and targeted for high risk families whose
children were identified as being more likely to become offenders (Goldson, 2019).
Section 5 Conclusion and Sentence Proposal
Misuse of drug harms the health and wellbeing of too many people. Possession and supply of
harmful substance and drug is a criminal offence. Without any permission by law producing,
supplying and possession of controlled is illegal. Importing and exporting of controlled drugs or
allow someone to use your premises for doing these illegal activities is also illegal. You cannot
make any excuse before the law that you don’t know what are the controlled drugs if you are
carrying the drugs whether drugs are yours or not. The Criminal Justice Act 1982 recognized the
guidelines for youth custody and detention centers which was executed in 1983.
Crown Prosecution Service is not dealing with all offences related to controlled drugs. Police
may deal with it direct if you are found in possession of cannabis or khat in the form of a
warning or imposing fine if it is your first offences. (Misuse Drug Act, 1971)
It is a duty of The Children and Youth Persons Act 1933 and The Children Act, 1989 to secure
and advocate the welfare of children against sentence punishment and also protect the public
welfare.
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Every court take steps for the welfare of a child or young offender’s and for securing the
education and training provision of children and young person act court can remove him from
undesirable surroundings and make you to do different things like working the society( Section –
44,Children and Young Persons Act 1933, 2010)
Shaun is now 17 years old and has the maturity to understand the nature of crime and its
Consequences. He was sentenced for similar matters but Shaun’s behavior becoming more
problematic after he pleaded guilty to offences of Robbery and Attempted Robbery committed
on 22.01.2017 after released on license he was recalled for breach of license and sentenced for an
offence of possession of class A drug. Generally sentence for a first time youth offender who is
in the Possession of class A drug with intent to supply is a formal caution. At the time of
cautions offender have to admit that he is the guilty of offence and will not repeat the offence. In
case of young offenders there offence stays in criminal records which may affect their personal
life if they repeat their offence. It is possible to get youth caution if you are arrested with the
possession of controlled drugs but another time you may be arrested by police officer and if
young offender pleads guilty after arrest the youth court has a power to discharge the juvenile
either absolute or conditional. In the absolute discharge there is no punishment at all, but the
record of the offence committed by young offender will remain forever. A conditional discharge
means if the offender commit another offence within a certain time in that case court has power
to sentence the offender for both the new and old offence. For the first conviction of young
offender the Court does not have to give you a discharge. Youth offending team managed the
referral order and the term of a referral order for the juvenile delinquents will be between 3 and
12 months. In the time period of young offender’s referral order they have to meet with the youth
offending team regularly. Youth offending team for the welfare of juvenile delinquents make
them to do lots of different things, such as drug treatment and work in the community (Muncie,
2015).
In the provision of Children and Young Person Act 1963, section 29 stated that when the court
have jurisdiction to accept the serious cases of juvenile delinquents who are under the age of a18
or even the defendant is 18 the court has a power of trial, sentence, detention and training of the
young offender: R v Aldis v DPP [2002] EWHC (Youth Justice Legal Center, 2018)
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Shaun was sentenced for 18 months for the offence of possession of class A drug. Prison
sentence is the last option for young people, and Court thinks the offence is heinous and He is
repeating his offence again and again in that case Court might be order for youth rehabilitation or
made any order social work, drug treatment and other works which is good for the development
of juvenile delinquent. In 2013 Youth justice system switched the system of the reprimand and
warning system by Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Reference:
Banks. C. (2013) Youth, Crime and Justice, Routledge Taylor and Francis Group. PP- 27-32.
ISBN 978-0-203-59396-8
Children Act 1989 Section.16A. UK (2007, October 1) Retrieved From
https://www.legislation.gov.uk/ukpga/1989/41/section/16A
Children and Young Persons Act 1933 UK (2010, January 1) Retrieved From
https://www.legislation.gov.uk/ukpga/Geo5/23-24/12#reference-c6084141
The Criminal Justice Act 2003 UK (2005, April 4) Retrieved From
https://www.legislation.gov.uk/ukpga/2003/44/schedule/15
Goldson, B. (Ed), (2019). Juvenile Justice in Europe: Past, Present and Future, Routlegde. ISBN 978-
1-315-19449-3 Retrieved from
https://books.google.co.in/books/about/Juvenile_Justice_in_Europe.html?
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id=awxpDwAAQBAJ&printsec=frontcover&source=kp_read_button&redir_esc=y#v=o
nepage&q&f=false
Hazel, N. (2008). Cross-national comparison of youth justice. The University of Salford. PP-23-
26 Retrieved From http://usir.salford.ac.uk/id/eprint/50528/
Lachenmeier, D. & Rehm, J. (2015). Comparative risk assessment of alcohol,
Tobacco, cannabis and other illicit drugs using the margin of exposure approach. Retrieved
From 30 April, 2019 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4311234/
Misuse of Drug Act, 1971 (2011, November 15) Retrieved From
https://www.legislation.gov.uk/ukpga/1971/38/section/5
Muncie, J. (2015). Youth And Crime (4th Ed.). Sage Publications Ltd. PP- 75-77 ISBN 978-1-
44627-485-9
Pickford, J. (Ed). (2012).Youth Justice: Theory & Practice. London, Sydney: Cavendish
Publishing Limited. ISBN-13: 978-1859415344
Police and Criminal Evidence act 1984 (2006, January 1) Retrieved From
https://www.legislation.gov.uk/ukpga/1984/60/section/56
Rights of the Child and the Children Act 1989 (2007, October 1) Retrieved From
https://www.legislation.gov.uk/ukpga/1989/41/section/16A
Sutherland, E., Cressey, D., & Luckenbill, D. (2013). Principles of Criminology
(11th Ed.). Altamira Press. PP- 93-97 ISBN 0-930390-69-5
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Taylor, W., Earle, R. & Hester, R. (Ed). (2013). Youth Justice Handbook (1st Ed.). Willan
Publishing. ISBN: 978-1843927167 Retrieved From
https://www.routledge.com/Youth-Justice-Handbook-Theory-Policy-and-Practice-1st-Edition/
Taylor-Earle-Hester/p/book/9781843927167
The Crown Prosecution Service, 2019. Legal Guidance and Drug offences. Retrieved from 30
April, 2019 https://www.cps.gov.uk/legal-guidance/drug-offences
The Youth Justice Legal Centre, 2015. Sentencing. Retrieved from 30 April, 2019
https://www.release.org.uk/law/sentencing
Youth Justice Statistics, England and Wales. (2019). National Statistics .Statistics bulletin
Retrieved from 30 April, 2019 https://www.gov.uk/government/statistics/youth-justice-
statistics-2017-to-2018
.
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