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COMPARITIVE CRIMINAL SANCTIONS FOR YOUNG PEOPLE
Transcript of COMPARITIVE CRIMINAL SANCTIONS FOR YOUNG PEOPLE
a00191724 Brennan, A. (2012) The Garda Diversion Programme and the Juvenile Offender: The Dilemma of Due Process Rights
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Probation and Welfare Service. The Probation and Welfare Service and the Children Act 2001. [Internet] Available from:http://www.probation.ie/pws/websitepublishing.nsf/attachmentsbytitle/The+PWS+and+the+Children+Act+2001/$FILE/The+PWS+and+the+Children+Act+2001.pdf >[Accessed on 21October 2012]
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Walsh, D. (2005) Juvenile Justice. Thomson RoundHall, Dublin
The New York Times
Direct Gov (2009) Young Offenders. [Internet] Available from: http://webarchive.nationalarchives.gov.uk/+/www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Thejudicialsystem/DG_4003100 > [Accessed On 5November 2012] References New York Times article AFRICA Overcrowding, the Observation Home of Vijayawada in July 2004. The Juvenile Justice Act (Care and Protection of Children),16 approved in 2000 to reform the 1986 Act.The provisions contained in the Juvenile Justice Act apply to two categories of children: those defined “in conflict with the law” and those considered to be “in need of care and protection.”
The act enforces the governments duty of care towards children who need protection. The act also includes issues relating to crime prevention and rehabilitation of juvenile delinquents.Although this act exists the many stated in India do not enforce this law.
Observation homes –temporary placement for both children in need of care and protection and also juvenile delinquents awaiting trial. If convicted they are institutionalized in ‘special homes’.this means that children who may be awaiting trial for murder will be placed in the same care of a an abused child. The age of the children ranges from very young to late teens. INDIA http://www.youtube.com/watch?v=q732d0aO4yg YOUTUBE Clip -The Office of Juvenile Justice and Delinquency Prevention (OJJDP)
-The Runaway Youth Program, and
-The National Institute for Juvenile Justice and Delinquency Prevention (NIJJDP)
Between 1980 and 1990 an incline in crime occurred and “get tough on crime” was introduced. The 1974 Juvenile Justice and Delinquency Prevention Act was amended to include provisions that would allow states to try juveniles as adults for some violent crimes and weapon violations.
There is 1,315 county youth detention centre's in the US
Today in America there is over 2,000 children serving life imprisonment.
Some children are also on death row . 38 States authorize the death penalty, out of the 38, 23 of these permit the execution of offenders who committed capital offenses prior to their 18th birthdays. there is currently 74 people on death row for crimes they commited when they were youths. 1900-1918 “Progressive Era”. Children under 7 were imprisoned with adults.
18th-19th century - began a shift in society's views on juvenile delinquents and reform homes were established.
1960 - juvenile courts had jurisdiction over nearly all cases involving persons under the age of 18, and transfers into the adult criminal system were made only through a waiver of the juvenile court's authority.
A 1967 decision by the Supreme Court affirmed the necessity of requiring juvenile courts to respect the due process of law rights of juveniles during their proceedings. The ruling was the result of an evaluation of Arizona's decision to confine Gerald Francis Gault. Gault (age 15)
In 1968 Congress passed the Juvenile Delinquency Prevention and Control Act. The act was designed to encourage states to develop plans and programs that would work on a community level to discourage juvenile delinquency. History of America's Juvenile Justice System Sweeden – responsibility is shared with social services and the judicial system. Under 15years are dealt with social services, 15-17 years dealt with both social services and judicial system.The Sweedish court can order compulsory care for persons of the age of 19 or less whose health or development is at risk, in cases of substance abuse, criminal activity or other socially damaging behavior. Such care takes place in ‘LVU’ homes under the authority of the National Board for Institutional Care.
Norway- Under the 1992 Child Welfare Act in Norway children deemed to have serious behavioral problems may be placed involuntarily in an institution following a decision by a five-member County Board panel composing of a judge, psychologist, social worker and two elected officials. Three facilities, Short term placement, placement for children with substance misuse problems and long term placement. Northern Ireland – Detention is based on the Criminal Justice Order 1998. Has one detention center Woodlands. Age 14- 17years boys & girls. Holds up to 47.
Scotland – Children’s hearing system (“needs not the deeds”). Secure accommodation in residential. Under 16.
Netherlands – Provides 'reception and treatment centres'. Reception centres holds children who are on pre trial detention and those who have been convicted for a peropd of up to 12 months for 12-15year olds and 24 months for 16-17year olds.Treatment centres hold children placed in a closed institution for treatment based on a measure taken by the youth judge on the basis of criminal law or on the basis of a family law supervision order.
Germany- sanctions include pro socialisation development. Detention last resort. Key area of focus in education. Age 14-21. juvenile justice act 1923(1990). Four levels of diversion. Diversion without sanction, diversion with other measures taken by agencies, diversion with intervention and level four is the introduction of level 1-3 in court proceedings. detention takes place in closed juvinile centre, semi closed and open juvenile institution.the minimum lenght of detention is 6months and the maximum is 5years for 14-17year olds, however in excepptional circumstances where the crime is very serious, the judge can impose a maximum of a 10year sentence. CHILDREN IN DETENTION CENTERS IN OTHER JURISDICTIONS St. Patrick’s Institution (part of Mountjoy complex)–a medium-security prison, managed by the Irish Prison Service, holding remand and sentenced male prisoners aged between 18 – 21 years.
Finglas Child and Adolescent Center – holding boys between 12 and 16 years of age; comprises an assessment and remand unit, a committal unit and an education unit.
Trinity House School – holding boys between 12 and 16 years of age. Mostly caters for children who have been sentenced but also holds some who are on remand. Has three residential units, a tuition unit and a step down unit which is used for preparation of release.
Oberstown Boys’ School – holding boys between 12
and 16 years of age; has three residential units. One used for children on remand. Maximum capacity is 20.
Oberstown Girls’ School – holding girls between 12 and 18 years of age which are on both remand and on committal sentence. It’s a six bed secure unit CHILDRENS DETENSION CENTRES IN IRELAND In October of 2009 Emily Logan wrote a report on her views and experiences of detention centers in Ireland for youths. Emily expressed concerns for children residing in youth detention centers and feels they should be closed after she visited all the centers. She made a recommendation under child care act of children rights that children residing in detention centers should be able to contact her regarding complaints etc. Ombudsmans for Children Report The primary objective of Children Detention Schools is outlined in section 158 of the 2001 Act. The Act states that detention schools most provide appropriate educational and training programs and facilities for children referred to them by the Court and to promote the child’s reintegration into society by having regard to the child’s health, welfare, safety and interests, including their physical, psychological and emotional wellbeing; providing proper care, guidance and supervision to the children; preserving and developing satisfactory relationships between the children and their family; exercising proper moral and disciplinary influences on them; and recognizing the personal, cultural and linguistic identity of each child. CHIldren DETENTION CENTErS In 2007 a study was done on 400 children who were in conflict with the law.
Theft of property;
Breach of peace;
Criminal damage to property;
Being drunk in a public place;
Driving without insurance;
Trespass and burglary;
Driving a car without the consent of the owner;
Driving without a driving licence; and
Failure to produce car insurance.19
Importantly, STUDY THE UN CONVENTION ON THE RIGHTS OF THE CHILD GARDA DIVERSION PROGRAM Parental Supervision Orders
Deferment of Detention
Detention and supervision (s151)
Supervision in the community (s207)
Voluntary Aftercare (S 208) OTHER INTERVENTIONS COMMUNITY SANCTIONS(part 9 s 115-141) The court can request a probation officers approach when sentencing a young person to one of the following a community sanction, detention or detention and supervision. PROBATION REPORTS(part 9 s 99 – 107) Family Conferences was introduced under the Child Care Act On the 29th of July 2004.
The aim of the family conference is to divert youths who have accepted responsibility for their behavior, from court, conviction and custody, and from committing further offenses.
A Court ordered family conference takes place at the stage when a young person is charged with an offense and appears in court. FAMILY CONFERENCE (Part 8 s 78-77) The criminal justice Act transferred responsibility for the detention of all children to the Department of Justice, Equality and Law Reform. It made provisions for the detention of all children under 18 years in Children Detention Schools. CRIMINAL JUSTICE ACT 2006 CHILDREN ACT 1908 and the children act & 2001 The Children's Court has the power to deal with most criminal offenses which have been committed by children. Hearings for all minor offenses are held in the Children Court along with most serious offenses.
Certain offenses may not, however, be heard by the Children Court. The crime of manslaughter, for example, must be dealt with in the Central Criminal Court.
Under the Irish Constitution, a child has a right to be tried before a jury for non-minor offenses. The judge however must be willing to hear the non-minor offenses in the Children Court before the child is offered the choice of court. CHILDREN’S COURT (District Court) tHE GARDAI'S ROLE Ireland has one of the highest rates in Europe of young people in custody. About one quarter of the Irish prison population are under 21 years of age, much higher than other Western European countries.
Throughout this presentation I will look at the juvenile justice system and sanctions for young offenders in Ireland and other jurisdictions. INTRODUCTION Ireland
Children Act 2001
Detention Centres In Other Jurisdictions
History of Americas Juvenile Justice System
Paper Article on Africa's Prisons for Youths
Conclusion COntents: It is very clear that there is no one way of dealing with young offenders in regards a world wide approach. All Jurisdictions have their own way of dealing with young offenders. The UNCRC is the only link that some jurisdictions keep in mind when sentencing children for crimes they have committed.
Although most jurisdictions have signed the UNCRC it is shocking to see that some children are been terribly mistreated like in India and Africa for example.On the other hand you have America who have not signed the UNCRC and because of this they have the power to sentence children to life imprisonment for crimes they commit. CONCLUSION Community Service Order
Day Centre Order
Probation (training or activities programme order)
Probation (intensive supervision order
Probation (residential supervision) order
Suitable Person (care and supervision) order.
Mentor (family support) order
Restriction on movement order.
Dual Order COMMUNITY SANCTIONS The Children Act 1908 was seen as an intervention to steer children away from getting caught in the juvenile justice system. Children were treated as though they were adults.
The Act, 2001 provides a wide range of options to be considered when dealing with young offenders. There is no single way oF successfully dealing with problems associated with young offenders. Some of which include the following:
Section 96(1)(a) of the act provides that any court when dealing with children charged with Children offenses shall have regard to the principle that children have the same Rights and freedoms before the law as adults.
Section 96(2) provides that a period of detention should be imposed only as a measure of last resort and, under
section 143(1) a court may not make an order of detention unless it is the only suitable way of dealing with the child.
section 143(2) stipulates that where detention is ordered, the judge must give reasons for doing so in an open court.
Other sections under the Children Act 2001 relating to the Probation Service can be found in Parts 8, 9 and 10 of the Act. The United Nations Convention on the Rights of the Child (UNCRC) is the most important piece of international document that govern the rights of children
Article 3 –” [all] actions concerning children whether undertaken by public or private social welfare institutions, courts of law administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” (Martynowicz p 27 2009)
Article 2 –Non Discrimination
Article 6- the right to life and development
Article 12 - the right of the child
to express his/her views and have them given due
consideration in matters that concern the child
Article 37(c) children most be treated differently then adults
Article 37b- children to be detained only has a last resort. CHILDREN ACT PT 4 2001
JUSTICE ACT 2006 The purpose of the program is to caution the child where appropriate by placing them under the supervision of a juvenile liaison officer. This prevents the child from been exposed to the criminal justice system and the child avoids obtaining a criminal record. Any child that commits an offense and accepts reason ability for their criminal behavior will be considered for admission into a diversion program. The requirement to have a range of community based sanctions available to the Courts is an essential component of the Children Act if effect is to be given to the policy of detention being an absolute last resort.
The Children Act makes provision for 10 community sanctions.
The court can grant community sanctions to young offenders after the have considered the probation officers report, heard evidence from any person whose attendance it may have requested and after the parents were given an opportunity to give evidence.
The Court must consider that a community sanction is the most suitable way of dealing with the case. The Garda Siochana have the power to arrest young persons over the age of 12. The Garda on duty must inform the child the offense in respect of why they are arrested.
There are safeguards in place for children between the age of 12-18,
these include that the suspect must be informed that they are entitled to contact a solicitor, a parent or guardian most also be informed and also the child can request that their solicitor come to the station without delay.
Treatment of Children in Garda Custody Provision:
“In any investigation relating to the to the commission or possible commission of an offense by children, members of the Garda Siochana shall act with due respect for the personal rights of the children and their dignity as human person, for their vulnerability owing to their age and level of maturity and for the special needs of any of them who may be under a physical or mental disability, while complying the obligation to prevent escapes from custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons. “ (Walsh 2005 p49) Part 8
Parental supervision orders
Deferment of detention
Detention and supervision
Supervision after detention
Voluntary aftercare Children Act 2001 ENGLAND Children aged 10-14 can be convicted of a criminal offense if it can be proved that they were aware that what they were doing was seriously wrong.
After the age of 14, young people are considered to be fully responsible for their own actions - in the same way as an adult would. However, there are some differences in the type of sentencing young offenders will receive. For first- or second-time minor offences, the police can use Reprimands and Final Warnings.
The youth court is a section of the magistrates court, it deals
with most young offenders. It is served with a youth pannel magistrates and district judges.They have the power to give detention and training orders of up to 24 months. COMPARATIVE CRIMINAL SANCTIONS FOR YOUNG PEOPLE Thank You for Listening.