• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Justice and welfare debate.

Extracts from this document...

Introduction

The Justice and welfare debate Although it has been generally accepted for many years since the arrival of the youth court in the 1908 Children's Act that 'special procedures are needed to deal with young offenders, and a series of different arrangements have developed. There are conflicting views over how such offenders should be dealt with' (Davies et al, 1995:136). These conflicting views are often referred to as the Justice and welfare debate. The arguments and different opinions of how to deal with young offenders have been in debate for many years. In order to look at two totally different perspectives on how to deal with young people and children who commit crime the following paragraphs will consider the punishment, retribution and deterrence believes of the classical criminologist this being the justice approach. Whilst also comparing this to the welfare and rehabilitation beliefs of the conflict and critical criminologist. The classical theory believes that the punishment should be proportionate to the crime in order to deter the individual and others from committing crime. Furthermore the classical criminologist places the emphasis on the criminal act and not the offender and is concerned with, 'the establishment of a reformed equitable and efficient system of justice' (Tierney J, 1996:49). ...read more.

Middle

The welfare approach argues that the Criminal Justice Act 1989 expressly stated that 'the child's welfare should be the courts paramount consideration' (Rutherford A, 1992:146). A criticism of the welfare approach to dealing with young offenders would be that in allowing social workers and social enquiry reports to play to big a part in deciding on how the young offender should be dealt with, to much consideration is given to the offender. Thus justifying the young offender's criminal act. Advocators of retribution and punishment as deterrence to young people not to commit crime believe that the welfare approach would escalate crime figures even more. They argued that social workers should only be used in a supervisory capacity if the young person is looking at receiving a custodial sentence. Morris et al (1980) and Taylor et al (1979) criticised the welfare approach to youth crime arguing that it reinforced the believe that some how the young persons criminal act could be justified because of the believe that they were in some way socially and economically disadvantaged. The justice approach to dealing with youth crime however has been strongly criticised a lot in recent years, especially incarceration. ...read more.

Conclusion

However as the next general election approached in 1997 Tony Blair moved youth justice from a 'political to an administrative arena'. Giving responsibility for the new youth justice system to local authority chief executives. The chief executives were then 'charged with establishing multi-agency youth offending teams (YOTs) and producing a local Youth Justice Plan' (Muncie J 2000:6). However 'Responsibility for central direction, oversight, the promulgation and enforcement of national standards for youth justice, quality control and the auditing of the YOTs was placed in the hands of the, Youth Justice Board for England and Wales' ( Muncie J 2000:6). The result of the sanctions mention in the previous paragraph means that 'political and strategic responsibility' originally held by local government we now held by the Youth Justice Board who were directly accountable to the Home secretary. However this is open to criticism as it could be argued that it allows ministers to take the credit for any successes whilst blaming the local authority for any failures. Tony Blair's has made his statement 'tough on crime and tough on the causes of crime many times and the causes of crime will be considered in the following paragraph which will focus on risk factors relating to youth criminality ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Crime & Deviance section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Crime & Deviance essays

  1. The effect of appearance on the percieved criminality of young individuals

    Drug use is the one other crime where males and females received quite similar average scores, both slightly under 4 (quite likely). Males were considered on average quite significantly more likely to have committed all of the other crimes listed, especially mugging, with the average female score being just under

  2. anti-social behaviour

    Although it does not have any use for offenders who are older. Question 7 is about ethnicity and whether respondents think that ethnic minority groups are more likely to be issued with an ASBO rather than the majority ethnic groups Attitudes of the respondents and responses of the questionnaires indicate

  1. Criminal Investigation Procedures

    The second being answering any questions that the person may have regarding the interview. The third is preparing any further action which will need to be attended to after the interview has taken place. Evaluation The PEACE model requires the interview process of evaluation to have 3 stages.

  2. This paper attempts to analyse Bacceria's (1764) "On Crimes and Punishment" article. In order ...

    Wilson and Keeling suggest that "if a window in a building is broken and is left unrepaired, all the rest of the windows will soon be broken. Therefore, it is important to deal with behaviour that is "not strictly illegal".

  1. Inequalities within the 'Criminal JUSTICE System/Process'

    As certain types are seen as problematic it becomes 'just' to infringe their liberties to convict the guilty. Eg Stop and search affects some groups more than others: Class, race, gender are important. Example of crime control v due process Metropolitan police commissioner Sir John Stevens (BBC News 6/3/2002), criticised

  2. As a government advisor I have been asked by the Minister of Justice to ...

    drugs are highly addictive and users become dependant on them, more so than other "softer" drugs like cannabis for example. It is due to this dependence that many people believe that drugs lead to crime. It is widely believed that drug takers commit crime to fund their habit.

  1. A Failing Justice System

    In fact, in the real life, it is easier to use legal maneuvers and gaps in the system, because Miss Marple is not here to bother us. For instance, in "Franchise Affair", the girl accuses two innocent women to conceal her flee with a married man from notice.

  2. The function of punishment in criminal justice.

    All human beings are imperfect and subject to mistakes which might bring prejudice or harm on others. But convicted criminals are willful offenders who deliberately break reasonable and clear boundaries set out to maintain social control and to protect human life.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work