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

    Beccaria's work on the other hand, led to formation of classical thinking, and was further adopted by neo-classicists, positivists and modern agencies of social control. Although both Beccaria and Wilson and Keeling have suggested ways of reducing crime, their approaches differ.

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

    He predicted civil unrest as a result. Comments contradict assumption of innocent until proven guilty, and that just to suggest that where the police decides to arrest and charge, that the person is guilty is highly problematic. (see response from Michael Massey QC in BBC News 7/3/2002)

  1. A Failing Justice System

    Therefore, the justice system is not always just. Moreover, laws are written by humans, so they are not perfect. Therefore, they surely contain legal gaps. Lawyers use these gaps to save criminals. According to CSRA Research, "Only 0.3% of all crimes result in prison sentence.

  2. Criminal Investigation Procedures

    An appropriate relationship between the interviewer and interviewee must be engaged which may occur from a proper introduction at the beginning of the interview. The explanation consists of the interviewer giving reason why the person is being interviewed. The person being interviewed will also be required to relive the event of which they are being questioned about.

  1. Criminal justice policy.

    However, evidence that the project actually stops or reduces re-offending is hard to come by due to empirical reasons, but there are some optimistic indicators to suggest the re-offending rate has declined. Assessing the value of mediation to victims is valuable.

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

    A questionnaire will be used as participants may feel more able to give honest answers than in an interview situation, it also eliminates the possibility of interviewer bias. Also, it is a convenient and less time consuming method. A combination of closed and open questions will be used so that

  1. anti-social behaviour

    Section 3: Procedures- 3.1 The methods used in this research are qualitative, as they are an array of interpretivist techniques, which seek to describe, translate and otherwise come to a better understanding of the uses of Anti-social behaviour orders in society.

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

    This could also be a factor why people turn to crime and subsequently they may turn to drugs. A Drugscope study has found that the majority of people who steal to fund their drug habits were already involved in crime before taking drugs.

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