Youth Justice recent issues

The Risk Factors Prevention Paradigm and the Causes of Youth Crime: A Deceptively Useful Analysis?

O'Mahony, P. — 2009-07-16

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.

Typologies of Young Resisters and Desisters

Murray, C. — 2009-07-16

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.

Transfer of Juvenile Offenders to Adult Court in Belgium: Critical Reflections on the Reform of a Moderate Practice

Christiaens, J., Nuytiens, A. — 2009-07-16

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.

Children and the `New Biopolitics of Control': Identification, Identity and Social Order

Penna, S., Kirby, S. — 2009-07-16

This article 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.

Legal Commentary - Beyond `Lenience': Personal Mitigation in Youth Justice

Stone, N. — 2009-07-16

Youth Justice News

Bateman, T. — 2009-07-16

Book Review: K. Farrow, G. Kelly and B. Wilkinson, Offenders in Focus: Risk, Responsivity and Diversity, Policy Press, Bristol, 2007, {pound}19.99 Pb, ISBN 978--1-86134--786--2

Raynor, P. — 2009-07-16

Book Review: A. Gillespie, Child Exploitation and Communication Technologies, Russell House Publishing Ltd, Dorset, 2008, {pound}19.95 Pb, ISBN 978--1-90554--123--2

Bryce, J. — 2009-07-16

Book Review: Jon Savage, Teenage: The Creation of Youth 1875--1945, Pimlico, London, 2007, {pound}12.99 Pb, ISBN 978--1--84595--146--7

Newburn, T. — 2009-07-16

Book Review: A. Weaver, So You Think You Know Me? Hook, Waterside Press, 2008, {pound}16.50 Pb, ISBN 978--1--90438--045--0

Stephen, D. — 2009-07-16

Books Received

2009-07-16

Criminalizing Sociability through Anti-social Behaviour Legislation: Dispersal Powers, Young People and the Police

Crawford, A. — 2009-03-24

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 risk to others rather than as at risk themselves. It reflects on broader conceptions of youth and public space apparent within the anti-social behaviour agenda.

Rights-based Restorative Justice: Evaluating Compliance with International Standards

Moore, S. A., Mitchell, R. C. — 2009-03-24

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 theorists through transdisciplinary thinking and for practitioners by introducing the Rights Based Restorative Practice Evaluation ToolKit developed through this conceptual framework (Moore, 2008). This comprehensive approach was developed within the Canadian legal, social policy and youth justice contexts. Notwithstanding potential bias stemming from cultural or political milieu, the authors argue that rights-based restorative justice could contribute to the advancement of ethical practice in many UN-member states attempting to adopt these common frameworks.

The `Scaled Approach' in Youth Justice: Fools Rush In...

Sutherland, A. — 2009-03-24

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 study in probation which looked at risk assessment and intervention planning was Merrington (2001). The study upon which this article is based (Sutherland et al., 2005) aimed to replicate Merrington's research to allow reflection on current practice in a small sample of Youth Offending Teams (YOTs). The rationale for the original study was to inform changes to the youth justice system related to the introduction of an explicit risk-led (`scaled') model of practice (YJB, 2006a, 2007a). This article reports findings relating to the basic practice model suggested by this framework and reflects on the implications for YOTs and young people of the `scaled approach'.

Offender-based Restorative Justice and Poetry: Reparation or Wishful Thinking?

Farrier, A., Froggett, L., Poursanidou, D. — 2009-03-24

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.

Raised Expectations, Flawed Discretion and Abuse of Process in Diversion and Provision of Accommodation

Stone, N. — 2009-03-24

Youth Justice News

Bateman, T. — 2009-03-24

Youth Justice and Children's Rights: Measuring Compliance with International Standards

Kilkelly, U. — 2008-11-05

A Juvenile Justice Approach Built on Human Rights Principles

Hammarberg, T. — 2008-11-05

This article by the Council of Europe Commissioner for Human Rights explains the importance of ensuring that juvenile justice approaches incorporate compliance with children's rights standards in the United Nations and the Council of Europe. It explains the importance of a high age of criminal responsibility, the incorporation into juvenile justice systems of education, reintegration and rehabilitation, and the need to ensure that detention is a last resort. The importance of ensuring that children receive a prompt and a fair trial is also highlighted. The article concludes with reference to measures being adopted by the Council of Europe to secure the rights of children in conflict with the law.

Developing a Juvenile Justice System in Bosnia and Herzegovina: Rights, Diversion and Alternatives

Morris, C. — 2008-11-05

In the Dayton Agreement that marked the end of the conflict in Bosnia and Herzegovina in 1995, the two entities comprising the state agreed to secure international human rights to all persons, including children. Thereafter, the Constitution accorded primacy to the European Convention on Human Rights over domestic law. Further, Bosnia looks toward the European Union with hope of membership. Thus, Bosnian criminal law is in the midst of reform to improve the situation of children in conflict with the law. Accordingly, the Strategy against Juvenile Offending was adopted to improve respect for children's rights. It foresees the adoption of a Juvenile Justice Act, the creation of a Juvenile Court, and the appointment of specialized professionals. Secondly, it recognizes that the effectiveness of a juvenile justice system depends on the availability of diversion and alternatives to judicial proceedings and criminal sanctions. This article analyses these two aims in the light of international standards and the need for rule of law reform. The problems experienced in implementing diversion, and local initiatives taken to rectify these shortcomings are also addressed.

Youth Justice in New Zealand: A Children's Rights Perspective

Lynch, N. — 2008-11-05

New Zealand's youth justice system has been lauded internationally for its restorative and diversionary approach to youth justice. This article takes a fresh perspective to youth justice in New Zealand, namely that of children's rights. Using the Convention on the Rights of the Child (CRC) and associated international standards as benchmarks, this article argues that although the system has many positive aspects in its design, there are difficulties in implementation, especially in relation to checks on discretion. This article also queries whether the future direction of the New Zealand youth justice system, especially the increased emphasis on restorative justice, is positive for children.

Protecting Rights at the Margins of Youth Justice in England and Wales: Intensive Fostering, Custody and Leaving Custody

Hollingsworth, K. — 2008-11-05

This article attempts to set out a framework for understanding children's rights in the youth justice system. It distinguishes between the child's status and rights as offender, and the child's status and rights as child. It argues that at certain stages — namely, the margins of youth justice (the pre- and post-crime contexts) - the child's primary status is child, and hence his/her rights as a child should have primacy. It applies the framework set out in part one to the post-crime margin, specifically to the use of intensive fostering as part of a community sentence, to children in custody, and to children leaving custody. It considers some of the children's rights issues which arise here.

Children, Rights and Justice in Northern Ireland: Community and Custody

Convery, U., Haydon, D., Moore, L., Scraton, P. — 2008-11-05

This article is based on primary research conducted with children in community and custodial settings in Northern Ireland. It provides an analysis of the social, economic and political context in which children's rights are routinely breached. Presenting consultations with children in the community, the article considers the impact of negative assumptions, disrespect and exclusion from participation. It demonstrates how the rights of socially excluded and marginalized children are consistently undermined. Further, it draws on the experiences of children and the views of staff in considering the rights of children in custody. In conclusion, the article explores the contributions of critical analysis and rights-based discourses within an increasingly punitive climate.

Youth Justice News

Bateman, T. — 2008-11-05

Book Review: M. Blyth, E. Solomon and K. Baker (eds), Young People and `Risk', Policy Press, Bristol, 2007, {pound}14.99 Pb, ISBN 978--1-84742--000--8

Case, S. — 2008-11-05

Book Review: K. Gorman, M. Gregory, M. Hayles, and N. Parton, (eds), Constructive Work with Offenders, Jessica Kingsley Publishers, London, 2006, {pound}18.99 Pb, ISBN 978--1-84310--345--5

Piggott, L. — 2008-11-05

Book Review: C. Webster, Understanding Race and Crime, Open University Press (McGraw-Hill), Maidenhead, 2007, {pound}20.99 Pb, ISBN 978--0-335--20477--9

Patel, T. G. — 2008-11-05

Books Received

2008-11-05

The `Punitive Turn' in Juvenile Justice: Cultures of Control and Rights Compliance in Western Europe and the USA

Muncie, J. — 2008-07-22

Separate systems of justice for children and young people have always been beset by issues of contradiction and compromise. There is compelling evidence that such ambiguity is currently being `resolved' by a greater governmental resort to neo-conservative punitive and correctional interventions and a neo-liberal responsibilizing mentality in which the protection historically afforded to children is rapidly dissolving. This resurgent authoritarianism appears all the more anachronistic when it is set against the widely held commitment to act within the guidelines established by various children's rights conventions. Of note is the United Nations Convention on the Rights of the Child, frequently described as the most ratified human rights convention in the world, but lamentably also the most violated. Based on international research on juvenile custody rates and children's rights compliance in the USA and Western Europe, this article examines why and to what extent `American exceptionalism' might be permeating European nation states.

The Mosquito: A Repellent Response

Walsh, C. — 2008-07-22

This article considers the Mosquito , a sonic repellent that is increasingly being used in a bid to drive teenagers out of public spaces. Having located this technology in its social and political context, the legal ramifications of its deployment are considered. Does the Mosquito satisfy health and safety requirements? Does it contravene environmental regulations? Is utilization of this device antisocial? Does its deployment constitute a form of criminal harassment? Finally, does the Mosquito unjustifiably interfere with human rights? Responses to the questions are offered, along with potential remedies for redress.

An Analysis of Offending by Young People Looked After by Local Authorities

Darker, I., Ward, H., Caulfield, L. — 2008-07-22

The association between local authority care and offending behaviour was examined in 250 looked after young people of the age of criminal responsibility. Whilst a greater number of the young people had committed offences than in the general population, the vast majority were law abiding. For those who did offend, the care episode itself was unlikely to have been the sole cause of their delinquency. The findings suggest that the services offered once the young people entered local authority care did not succeed in combating established offending behaviour. Perhaps initiatives targeted in the community prior to entry to care may be more effective.

Disputed Definitions and Fluid Identities: The Limitations of Social Profiling In Relation to Ethnic Youth Gangs

White, R. — 2008-07-22

This article provides a critique of social profiling in relation to ethnically identified youth gangs by considering the fluid nature of social identity and the ambiguities of gang formation. It begins by outlining the nature of youth group affiliation and association, and the multilayered ways in which social identity is constructed. This is followed by a brief review of key propositions relating to youth gangs, derived from international gang research over the last decade. The final section of the paper presents two models of social profiling, one of which is based upon actual criminal events, the other on prediction of `risk'. It is argued that anti-gang intervention based upon a type of social profiling that net-widens will most likely compound the very problem it is intended to address.

Legal Commentary: `Best Foot Forward': Fairness, Assistance and Support for Children in Anticipation of Early Release

Stone, N. — 2008-07-22

Youth Justice News

Bateman, T. — 2008-07-22

Book Review: K. Harris (ed.), Respect in the Neighbourhood: Why Neighbourliness Matters, Russell House Publishing, Lyme Regis, {pound}18.95 Pb, ISBN 978--1-905541--02--7

Jamieson, J. — 2008-07-22

Book Review: C. Hayden, Children in Trouble: The Role of Families, Schools and Communities, Palgrave Macmillan, Basingstoke, 2007, {pound}19.99 Pb, ISBN 978--1-4039--9486--8

Smithson, H. — 2008-07-22

Book Review: F. McNeill and B. Whyte, Reducing Reoffending, Social Work and Community Justice in Scotland, Willan Publishing, Cullompton, 2007, {pound}19.99 Pb, ISBN 978--1-84392--218--6

Piggott, L. — 2008-07-22

Book Review: M. Stephenson, H. Giller and S. Brown, Effective Practice in Youth Justice, Willan Publishing, Cullompton, 2007, {pound}19.50 Pb, ISBN 978--1-84392--286--5

Case, S. — 2008-07-22

Books Received

2008-07-22