Showing papers in "Youth Justice in 2009"
TL;DR: The authors explored the impact of dispersal powers introduced as part of the British government's drive to tackle anti-social behaviour and highlighted the importance of experiences of respect and procedural justice for the manner in which they respond to directions to disperse.
Abstract: This article explores the impact of dispersal powers introduced as part of the British government's drive to tackle anti-social behaviour. It focuses especially on the experiences and views of young people affected by dispersal orders. It highlights the importance of experiences of respect and procedural justice for the manner in which they respond to directions to disperse. It considers the ways in which dispersal powers can increase police—youth antagonism; bring young people to police attention on the basis of the company they keep; render young people more vulnerable; and reinforce a perception of young people as a riskto others rather than asat riskthemselves. It reflects on broader conceptions of youth and public space apparent within the anti-social behaviour agenda.
106 citations
TL;DR: In this paper, the authors argue that the predominance of the risk factors prevention paradigm is in many ways an obstacle to a fuller understanding of, and more effective response to, youth crime.
Abstract: The risk factors prevention paradigm (RFPP) is currently the dominant discourse in juvenile justice, exerting a powerful influence over policy and practice in the UK, Ireland and other countries. This article argues that the predominance of the RFPP is in many ways an obstacle to a fuller understanding of, and more effective response to, youth crime. Part of the problem is the often over-simplified assumptions and exaggerated claims of the RFPP literature, which translates the findings of risk-focused research for policy makers and for popular consumption, but largely ignores the caveats of the scientific researchers themselves. Moreover, the RFPP has intrinsic, but generally neglected, methodological and theoretical shortcomings, which mean that it fails to account properly for key facets of youth justice, such as personal agency, socio-cultural context, psychological motivation and the human rights dimension.
69 citations
TL;DR: In this article, the authors trace the emergence of the "problem" of violent and disorderly young female offenders in Scotland, against a broader background context of the politicization of youth crime and major changes in youth justice policy post-Devolution.
Abstract: This article traces the emergence of the ‘problem’ of violent and disorderly young female offenders in Scotland, against a broader background context of the politicization of youth crime and major changes in youth justice policy post-Devolution. It draws attention to the limited empirical evidence about this group, and challenges perceptions about the nature and scale of violent offending by young women. Young women offenders fall between two stools. Policy responses to youth offending focus primarily on young men (ignoring gender) and policies in relation to women offenders fail to differentiate between older and younger women (ignoring age). Perhaps even more so than adult female offenders, young female offenders are an invisible minority whose offending pathways and distinctive needs have gone largely undocumented and unaddressed.
47 citations
TL;DR: The authors summarizes key issues in the historical conceptualization of, and responses to, girls' delinquency and draws on historical material to tease out distinctive elements of the conception of girls' delinquent behavior.
Abstract: This article summarizes key issues in the historical conceptualization of, and responses to, girls’ delinquency. Drawing on historical material, we tease out distinctive elements of the conception ...
36 citations
36 citations
TL;DR: In this paper, the authors examined female involvement in street gangs and their violent behaviour. But they did not consider the role of women as gang members, and instead focused on the gender role of gang members.
Abstract: In recent years there have been a number of high profile stories reporting increasing levels of female involvement in group related crime. According to these reports teenage girls are no longer spectators hovering on the periphery of street gangs but are hard core members actively engaging in the kind of extreme violence that is usually the preserve of men. As girl ‘gangsters’, young women are seen to be engaging in a wide range of crimes such as robbery, rape and murder. Using findings from an empirical study on young people’s use of weapons and involvement in street based groups, this article examines female involvement in ‘gangs’ and their violent behaviour. It challenges the dominant stereotype of girl ‘gangsters’ as malicious violent aggressors. The notion of the gang and implications for policy and practice will also be considered.
34 citations
TL;DR: The authors examined the relationship between assessment, intervention planning and supervision (APIS) in detail, and none within the context of youth justice in the UK, and found that APIS was beneficial to youth justice.
Abstract: There are few studies which examine the relationship between assessment, intervention planning and supervision (APIS) in detail, and none within the context of youth justice in the UK. One such stu...
31 citations
TL;DR: The authors provided an understanding of the role of honour (izzat) and shame (sharam) in the lives of British Asian girls and highlighted the limitations of using restorative justice practices with Asian young offenders.
Abstract: This article provides an understanding of the role of honour (izzat) and shame (sharam) in the lives of British Asian girls. It indicates key facets embedded in izzat and sharam that determine and shape the experience of punishment for Asian criminal girls in Britain. In addition, the article provides an insight into why, as a consequence of izzat and sharam, Asian girls are especially invisible as offenders in the youth justice system. Finally, an understanding of izzat and sharam highlights the limitations of using restorative justice practices with Asian young offenders.
29 citations
TL;DR: In this article, the authors aim to promote compliance with international legal standards by articulating intersections between young people's human rights and restorative justice principles, for legal theoris....
Abstract: The authors' aim is to promote compliance with international legal standards by articulating intersections between young people's human rights and restorative justice principles — for legal theoris...
27 citations
TL;DR: The Quest for Identity study explores how young people maintain their resistance to offending and it argues that for some this entails active resistance, rather than merely reflecting an innocence often associated with childhood non-offending.
Abstract: The Quest for Identity study explores how young people maintain their resistance to offending and it argues that for some this entails active resistance, rather than merely reflecting an innocence often associated with childhood non-offending. Two qualitative methods were used in the study to elicit young people's own perspectives. Secondary analysis was conducted on 112 semi-structured interviews with teenagers, 62 of whom who had never offended (`resisters') and 50 of whom had offended and then ceased (`desisters'). Additionally, primary data were gathered by means of peer led focus groups conducted with 52 resisters. A key contribution of the study is the development of typologies of young resisters and desisters. The article outlines the two resister types, namely innocents and streetwise resisters and the three desister types: reformed characters, desisters on the margins, and quasi-resisters (desisters who retain a resister identity) which were developed during the analysis. It also considers the implications of the findings for policy, practice and research.
16 citations
TL;DR: This paper found disturbing evidence that girls continue to be drawn into the youth justice system for welfare reasons -as a result of the criminalization of domestic disputes or because of concerns about their sexual vulnerability, although many professionals expressed confusion as to whether female youthful behaviour has deteriorated or whether girls are subject to more intensive and formalized methods of governance than hitherto.
Abstract: Drawing on recent empirical research, this article discusses youth justice professionals’ beliefs about the causes of young women’s offending, and examines whether ‘moral panics’ proclaiming that we are witnessing an explosion in female youth crime and disorder are reflected in contemporary youth justice discourse. I found disturbing evidence that girls continue to be drawn into the youth justice system for welfare reasons — as a result of the criminalization of domestic disputes or because of concerns about their sexual vulnerability. The widespread cultural belief that girls are getting worse received some support amongst youth justice practitioners and managers, although many professionals expressed confusion as to whether female youthful behaviour has deteriorated or whether girls are subject to more intensive and formalized methods of governance than hitherto. The implications of these findings for the criminalization of girls are discussed.
TL;DR: The authors argue that current developments, in neglecting the embodied nature of subjectivity, confuse identification with processes of identity formation, thereby contributing to conditions that nurture the problems of social disorder such technology is meant to reduce.
Abstract: This paper addresses questions arising from debates surrounding issues of surveillance and privacy in the light of rapid developments in new technologies, specifically electronic databases for information sharing between professionals and agencies. We examine claims that the conjuncture of technology and genetics, producing identification technologies that ‘read’ the body, have heralded the emergence of a ‘biopolitics of control’, paying particular attention to the ways in which children and young people in the UK have become a focus of new control technologies. We argue that current developments, in neglecting the embodied nature of subjectivity, confuse identification with processes of identity formation, thereby contributing to conditions that nurture the problems of social disorder such technology is meant to reduce. This argument raises a set of questions for the law and processes of youth justice that we explore through a discussion of the inclusion of children and young people in the UK DNA data base.
TL;DR: In this paper, the authors explore whether the Belgian juvenile justice system, traditionally one of the most welfare oriented in Europe, has taken a punitive turn as well and argue that the amendment, although "mild" at first sight, may, in practice, result in a punitive shift.
Abstract: Several Western European juvenile justice systems have become more punitive in the last few decades. This article explores whether the Belgian juvenile justice system, traditionally one of the most welfare oriented in Europe, has taken a punitive turn as well. An analysis of the recent amendment of the most punitive element in the Belgian juvenile justice system, transfer to Adult Court, does not provide a definite answer. The regulations on transfer were not made harsher by the new Youth Act. However, we will argue that the amendment, although 'mild' at first sight, may, in practice, result in a punitive shift.
TL;DR: In this paper, the authors examine a youth offender-related creative writing project that embraces an offender-based restorative justice model that depends on a reparative mind-set, and argue that such arts-based projects are complex and potentially far-reaching in their effects.
Abstract: Increasingly, arts-based interventions are being implemented as a means of engaging young offenders, resulting in a public debate over the value of such projects. Whilst there is evidence that many Youth Offending Teams (YOTs) throughout England and Wales endorse such approaches, the processes by which they may benefit young people and have the potential to change attitudes to offending remain under-theorized. In this article we examine a YOT-related creative writing project that embraces an offender-based restorative justice model that depends on a reparative mind-set. We argue that such arts-based projects are complex and potentially far-reaching in their effects.
TL;DR: In this paper, the authors report a sequence of recent judgments that have grappled with the question of whether it is valid for consequences to be taken into consideration at time of sentence.
Abstract: When a child is convicted of a sexual offence should the sex offender notifi cation requirements take account of the offender’s young age or should the consequences mirror those that apply in the case of an adult? Should safeguarding provisions – designed to achieve comprehensive public protection – be responsive to considerations based on individual circumstances and the prospect of change through rehabilitation or maturation? Is it valid for consequences to be taken into consideration at time of sentence? This Commentary reports a sequence of recent judgments that have grappled with such questions.
TL;DR: McGuire et al. as mentioned in this paper presented a history of Probation Theory and Practice and Supervising Offenders in the Community, Maidenhead: Open University Press, 2004; Vanstone, M. and Weise, J.
Abstract: Gelsthorpe, L. and Morgan, R. (eds) (2007) Handbook of Probation. Cullompton: Willan Publishing. Jones, A., Kroll, B., Pitts, J., Smith, P. and Weise, J. (1992) The Probation Handbook. Harlow: Longman. King, J. F. S. (ed.) (1958) The Probation Service. London: Butterworth. Le Mesurier, L. (1935) A Handbook of Probation, London: National Association of Probation Offi cers. McGuire, J. (2004) Understanding Psychology and Crime, Maidenhead: Open University Press. Monger, M. (1964) Casework in Probation, London: Butterworth. Vanstone, M. (2004) Supervising Offenders in the Community: A History of Probation Theory and Practice. Aldershot: Ashgate.
TL;DR: In this paper, the authors provide a clear overview of the legal frameworks and issues relating to child pornography and indecent images and discuss the legal complexities associated with the statutory defences available within the offences set out by the Sexual Offences Act 2003.
Abstract: With regard to child pornography and indecent images the relevant chapters provide a clear set of defi nitions and clarify complex legal issues pertaining to related offences. It also provides a useful overview of the adaptation of the COPINE Scale (Taylor et al., 2001), that is to be used by the legal system to determine the level of indecency in images containing children, and in sentencing judgments. It also provides a clear discussion of the debates and legal complexities associated with the statutory defences available within the offences set out by the Sexual Offences Act (SOA) 2003, and uses relevant cases/judgments to illustrate the discussion. Finally, the chapter on grooming provides a good overview of the existing academic/forensic literature on this offence, and highlights the relationship between the online environment and the dynamics of the offence. It outlines the relevant parts of the SOA 2003 that deal with this offence, highlighting the changes that this Act made to the existing legislation. It also outlines the development, potential use and debates around risk of sexual harm orders (RoSHOs) – a civil order intended to complement criminal law in relation to grooming. The book is clear, informative and provides comprehensive coverage of an often complex set of legal frameworks. It fi lls an important gap in the market by providing a clear overview of the key legal frameworks and issues relating to child exploitation online. The author demonstrates a clear knowledge of this area, and the associated debates and complexities. His involvement in consultation with the Home Offi ce, and drafting some of the key aspects of the SOA 2003, make his insight invaluable. The book will be of interest to a wide set of academic and practitioner audiences, including academics, undergraduates, postgraduates and researchers in law and related fi elds (for example, criminal justice, psychology, social work, education). It is also of relevance to those working within the police, law and criminal justice system, as well as other key stakeholders in the government and policy makers, the telecommunications industry, education and children’s charities.
TL;DR: Barrie, J.M. (1904) Adolescence: Its Psychology and its Relations to Physiology, Anthropology, Sociology, Sex, Crime, Religion and Education, 2 vols. London: Hodder & Stoughton as mentioned in this paper.
Abstract: Barrie, J.M. (1911) Peter Pan or the Boy Who Wouldn’t Grow Up. London: Hodder & Stoughton. Baum, L.F. (1900) The Wonderful Wizard of Oz. Chicago: George M. Hill & Co. Hall, G. S. (1904) Adolescence: Its Psychology and Its Relations to Physiology, Anthropology, Sociology, Sex, Crime, Religion, and Education, 2 vols. New York: Appleton. Savage, J. (2001) England’s Dreaming: The Sex Pistols and Punk Rock, updated edition, London: Faber. Wilde, O. (1890) The Picture of Dorian Gray. Philadelphia: Lippincott’s Monthly Magazine.
TL;DR: Stone, et al. as mentioned in this paper investigated the scope to challenge the police and/or the CPS in circumstances where a young person considers there was a legitimate expectation of incurring a warning rather than facing prosecution.
Abstract: An earlier Commentary (Stone, 2007), prompted by the judgement in R (on the application of A.) v South Yorkshire Police and the Crown Prosecution Service [2007] EWHC 1261 (Admin), (2007) 171 JP 465, addressed the scope to challenge the police and/or the CPS in circumstances where a young person considers there was a legitimate expectation of incurring a warning rather than facing prosecution. This aspect of discretionary decision-making in youth justice has been further illustrated in two recent judgements dealing with appeals by way of application for judicial review, extending the ambit of challenge to the decision of the courts before which the boys concerned were prosecuted. These cases indicate the somewhat convoluted and misleading pathways that can be followed in determining how a case will be resolved in the youth justice system in England and Wales.
TL;DR: In this article, Jacobson and Hough developed a broad categorization of factors that can influence sentencing outcomes, including personal and offender-based mitigation. But neither law nor current guidance affords much assistance in determining the circumstances in which "personal" or "offender-based" mitigation can justify a sentence that is less than proportionate to the gravity of the offence.
Abstract: Though the potential for and signifi cance of offence-centred mitigation is well recognized, neither law nor current guidance affords much assistance in determining the circumstances in which ‘personal’ or offender-based mitigation can justify a sentence that is less than proportionate to the gravity of the offence. Section 166(1) of the Criminal Justice Act 2003 provides sentencers with general discretion in this respect by specifying that nothing within the provisions pertaining to the imposition of community or custodial sentences or the fi xing of fi nes ‘prevents a court from mitigating an offender's sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence’. Anything beyond that bald invitation has remained largely the province of academic interpretation and very limited empirical inquiry, notwithstanding the issue’s practical relevance, given that sentencing usually involves close consideration of the offender as well as the offence. This lacuna in sentencing policy and theory prompted a recent study by Jacobson and Hough (2007), involving observation of sentencing in fi ve Crown Court centres and interviews with judges who were also asked to consider three hypothetical sentencing scenarios. By analysing sentencing decisions it was possible to develop a broad categorization of factors that can infl uence sentencing outcomes: