Understanding Young People, Law and Order

AS and A Level Law

Nadezhda Katsarova, Humanities, Level 2, ID: 25069989

Report

Contents

1.1 Describe three factors that may contribute to the reasons why young people become involved in crime

2.1 Describe the consequences of two given crimes for:

a) the victim

b) the offender

3.1 Describe each stage of the Criminal/Youth Justice System from reporting through to sentencing.

3.2 Describe the role of people involved at each stage.

4.1 Describe two arguments for and two arguments against custodial sentences.

4.2 Explain the disadvantages and disadvantages of two alterative forms of sentence.

5.1 Describe how local agencies, for example, Youth Offending Team, Probation Service, and Victim Support work together to provide support for young offenders and their victims

Acknowledgment

First and foremost I want to thank my learners June Taylor who was always there for me to answer my questions .

Last and surely not least, I want to acknowledge my wonderful friends and colleagues, some of whom read the report not once but two and three times. There was periods at my lowest point when someone would ask ‘How’s it going?’ or ‘What are you finding?’, serving to renew my spirit and refocus my attention and energy.

To those of you who I did not specifically name, I also give my thanks for moving me towards my goal.

Introduction

Youth crime has been present within society for many years. Generalised complaints about juvenile delinquency in the UK have been charted as far back as the seventeenth century, although modern forms of complaint did not surface until early in the nineteenth century. It is now estimated that roughly one quarter of all crime today is committed by people aged between ten and seventeen . There is no single reason that can explain why young people break the law and it is necessary to look at a number of possible explanations such as family life, the influence of peers, intelligence and attainment and drug misuse. Using drugs, alcohol, computer games and powerless police work makes young people to commit more and more crimes.
In nowadays, more and more young people use a lot of drugs. Narcotics changes their thinking and perceptivity.

1.1 Describe three factors that may contribute to the reasons why young people become involved in crime

There are a lot of reasons why young people get involved in crime:

Friends and belonging to a group

young people get involved in crime because they want to be leaders and to show their friends how big and

Friends’ influence and belonging to a group strongly influences a decision to commit crime. For example, young boys and girls who do not fit into expected standards of academic achievement or participate in sports or social programs can sometimes become lost in the competition. Children of families who cannot afford adequate clothing or school supplies can also fall into the same trap. Researchers believe these youth may abandon schoolmates in favor of criminal gangs, since membership in a gang earns respect and status in a different manner. In gangs, antisocial behavior and criminal activity earns respect and street credibility. Like society in general, criminal gangs are usually focused on material gain. Gangs, however, resort to extortion, fraud, and theft as a means of achieving it.

Drugs and alcohol addiction

Some social factors pose an especially strong influence over a person's ability to make choices. Drug and alcohol abuse is one such factor. The urge to commit crime to support a drug habit definitely influences the decision process. Both drugs and alcohol impair judgment and reduce inhibitions (socially defined rules of behavior), giving a person greater courage to commit a crime. Deterrents such as long prison sentences have little meaning when a person is high or drunk.

- Parental relations

Children who are neglected or abused are more likely to commit crimes later in life than others. Similarly, sexual abuse in childhood often leads these victims to become sexual predators as adults. Many inmates on death row have histories of some kind of severe abuse. The neglect and abuse of children often progresses through several generations. The cycle of abuse, crime, and sociopathy keeps repeating itself.

2.1 Describe the consequences of two given crimes for:

a) the victim

If you have been the victim of a crime you may have doubts about whether to report what has happened to you. You may well be feeling upset or confused and have doubts about who you should speak to.

There is no legal obligation to contact the police, but the information you give them could make the difference in bringing a criminal to justice. This could prevent further crimes and protect others from becoming victims. All crimes, even less serious with no obvious victims, have a negative effect ...

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2.1 Describe the consequences of two given crimes for:

a) the victim

If you have been the victim of a crime you may have doubts about whether to report what has happened to you. You may well be feeling upset or confused and have doubts about who you should speak to.

Witnesses play a vital role in helping the police solve crimes. If you have seen a crime occur, your information could help keep other people – including you – safe.

If you’ve witnessed a crime, you may well be feeling upset or confused and have doubts about who you should speak to about it.

You are not legally required to contact the police, but your information could bring a criminal to justice. Just the act of telling the police what you’ve seen could prevent further crimes and protect others from becoming victims.

All crimes, even less serious ones, have a negative effect on neighborhoods, so by reporting what you know you may be helping your community.

If a crime is underway or has just occurred, call 999.

In non-emergency situations you should usually contact the local police in the area where the crime has taken place. You can either go to the nearest police station with a front office open to the public, or call the local police directly.

If you don’t know which station to go to or to call, call your local force and ask them who to contact.

The officer answering your call will need to know:

the exact location where police are needed
why they are needed
your own name, although you are not required to give it
your telephone number

Giving evidence in court can be frightening, so it’s a good idea to prepare yourself by learning a little about the process before the case comes up.

There’s lots of help and information available for witnesses. Find out more on the link below.

The Witness Service helps:

any witnesses giving evidence, including witnesses for the defence
victims and their families and friends attending court

How can you deal with the consequences of a criminal offence alone?

• Talk to people you trust about how you are feeling, what you are going through, what you are thinking about.

• Fear, anger, sadness and similar feelings are normal. Express them.

• Allow yourself to feel pain.

• Seek professional help from a doctor, or a psychologist.

• If your doctor prescribed medication, take it regularly and in prescribed quantity.

• Make sure you keep in good physical and psychological condition. Get enough sleep, rest and eat regularly.

• As soon as possible go back to your usual daily routine but do not overdo your daily obligations if you are feeling tired and unwell.

• Exercise, be active, but do not overdo it.

• Start taking smaller, less important decisions. This will give you back the feeling of control over your life.

• Keep a dairy.

• Do your tasks gradually and carefully. After severe stress you are more likely to have an accident.

• Remember the things that helped you deal with stressful events in the past (e.g. a death in the family, divorce).

• Do things that make you feel good.

• Remember the things that fill you with hope, that you used to look forward to, or still do. Think of them when you are feeling down.

Emergencies

In an emergency you should always phone 999. Please be aware that the officer answering your call will need to know the exact location where police are needed, why they are needed, and your own name and number. However you will not be compelled to give your name in order for the call to be acted upon and for help to arrive.

Non-emergency situations

In non-emergency situations you should usually contact the local police in the area where the crime has taken place. In some circumstances there are special alternative arrangements for reporting specific types of crime.

To contact the local police service in your area you should either phone them or go to the nearest police station with a front office open to the public. Police stations in England and Wales are listed on the Police service website. Please click on the link on the right hand side of this page to locate your local Police Service.

Online Reporting

Certain categories of minor crime committed in England, Wales or Northern Ireland can now be reported over the Internet, as long as an urgent response is not required. You can access the online crime reporting website at

b) the offender

An offender is someone who has been found guilty of committing a crime. The information in this section will explain to offenders, or their families, what happens once they have been convicted.

A range of sentencing options exist to punish an d rehabilitate offenders. When deciding on the type of sentence to impose the courts consider the type, seriousness and circumstances of the crime as well as the safety of the public.

3.1 Describe each stage of the Criminal/Youth Justice System from reporting through to sentencing.

3.2 Describe the role of people involved at each stage.

The United Kingdom does not have a single, unified judicial system – England and Wales have one system, Scotland another and Northern Ireland a third.

Criminal law is concerned with establishing and maintaining social order and protectiong the community. The ‘rules’ of criminal law aim to encourage and support safe and orderly living for all. Those who break these laws can be prosecuted.

All criminal cases start in the magistrates' court. Some cases begin in the magistrates' court and then automatically go to the Crown Court for trial by jury.

Other cases are started and finished in the magistrates' court. These are where the defendant is not entitled to trial by jury. They are known as summary offences. Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000.

Trials

The law presumes an accused person is innocent until proved guilty beyond reasonable doubt by the prosecution. If the defendant pleads guilty, the judge will decide an appropriate sentence. Criminal trials usually take place in open court – which means that members of the press and public are allowed to hear proceedings. If a defendant pleads ‘not guilty’, the prosecution and defence form opposing sides. They call and examine witnesses, and present opposing version of the case – strict rules govern how this is done.

The jury

In England and Wales jury trials are used for criminal cases, requiring 12 (between the ages of 18 and 75) jurors. The right to a jury trial has long been enshrined in English law, and is most common in the serious cases, although the defendant can insist on a jury trial for most criminal matters.

Community sentence. This can only be imposed in the offence was serious to warrant such a one. 44% of offenders are given these. The Criminal Justice Act has established a single Community order which can be applied in the following possibilities. An unpaid work requirement, a curfew requirement etc. A custodial or community sentence can only be ordered where certain statutory conditions are satisfied.

A custodial sentence for an offender over 18 means:

(a) Imprisonment

(b) Detention at Her Majesty’s pleasure for murder by under 18s

(d) Detention in a young offender institution (YOI)

(e) Detention and training order.

A custodial sentence for an offender under 18 means:

(a) Detention and training order;

(b) Detention for serious offences; and

Detention is normally in a Young Offenders Institute (YOI). In theory only people over the age of 18 can be sent to an adult prison. Young offenders are held in separate units.

A person aged 18 or over is sentenced of imprisonment or a suspended sentence.

Before passing a custodial sentence the court will want to know more about the convicted person and will order the probation service to produce a report on his / her work, school, lifestyle, domestic circumstance and other relevant information.

How the Young Justice system works?

Pre-crime prevention aims to identify those young people who are at risk of offending and to try to prevent them from entering the youth justice system..When a young person first gets into trouble by behaving in an anti-social way or committing a minor offence, the police and local authority can use a number of tools including Police Reprimand, Acceptable Behaviour Contracts, and Anti-Social Behaviour Orders, all of which aim to support the child or young person and prevent them from re-offending.

If they commit a first or second offence, the police will give them a Reprimand or Final Warning which are orders intended to prevent the young person from entering the youth justice system too early and would give Westminster YOT the opportunity to offer the support and help needed to stop the young person from re-offending.

Once the child or young person is charged by the police after committing further offences or charged with committing a more serious offence, Westminster YOT's role is to ensure that the underlying causes for the Offending Behaviour are addressed

After being charged, the young person would appear in a Youth Court and the Court would decide whether to hear the case immediately or if it

The Youth Offending Team

- a multi-agency partnership set up under the direction of the Crime and Disorder Act. The team includes representatives from social services, police, probation, education and health. The aim of the team is to work with young people and families to address factors that lead to offending behaviuor (age 10 - 17).

Secure Training Centres

Secure Training Centres (STCs) are purpose-built centres for young offenders up to the age of 17. They are run by private operators under contracts, which set out detailed operational requirements. There are four STCs in England.

Secure children's homes focus on attending to the physical, emotional and behavioural needs of the young people they accommodate. They are run by local authority social services departments, overseen by the Department of Health and the Department for Children, Schools and Families.

Secure children's homes provide young people with support tailored to their individual needs. To achieve this, they have a high ratio of staff to young people and are generally small facilities, ranging in size from six to 40 beds.

Secure children's homes are generally used to accommodate young offenders aged 12 to 14, girls up to the age of 16, and 15 to 16-year-old boys who are assessed as vulnerable.

4.1 Describe two arguments for and two arguments against custodial sentences.

4.2 Explain the disadvantages and disadvantages of two alterative forms of sentence.

FACTS: The cost is enormous £24,000 per year/prisoner as are the hidden costs to society. Prisoners endure conditions which are unacceptable in a civilised society. There is a high suicide rate, and it is claimed that the majority of prisoners suffer from at least two diagnosable mental conditions.

Alternative sentencing, such as house arrest and community service, also offers advantages to traditional criminal sentencing or incarceration. First, it keeps families together. It also allows the offender to continue to help provide for his or her family.

5.1 Describe how local agencies, for example, Youth Offending Team, Probation Service, and Victim Support work together to provide support for young offenders and their victims

There is a YOT in every local authority in England and Wales. They are made up of representatives from the police, Probation Service, social services, health, education, drugs and alcohol misuse and housing officers. Each YOT is managed by a YOT manager who is responsible for co-ordinating the work of the youth justice services.

Because the YOT incorporates representatives from a wide range of services, it can respond to the needs of young offenders in a comprehensive way. The YOT identifies the needs of each young offender by assessing them with a national assessment. It identifies the specific problems that make the young person offend as well as measuring the risk they pose to others. This enables the YOT to identify suitable programmes to address the needs of the young person with the intention of preventing further offending.

The National Probation Service (NPS) has brought fresh aims and duties for probation, it has accelerated the development of effective ways of working with offenders and it has created new central and local structures.

Each year the probation service commences the supervision of some 175,000 offenders. The caseload on any given day is in excess of 200,000. Approximately 90% are male and 10% are female. Just over a quarter of offenders serving community sentences are aged 16-20 and just less than three-quarters are aged 21 and over.

Summary

How safe are teens wherever they go? Despite many people's attempts, teen violence is something that hasn't completely come to an end. Life is an organic ever changing phenomenon. Every man in this world is subject to pass by the circumstances and challenges of his age. Most of the young people commit crimes because there is no sense of community anymore. Outside their school and colleges, there isn't as much chance for the children to communicate among different parts of the society and most of them stick to the group they know. The children who have intellectual, talented genetic relations outshine others because of mainly their training. The youth whether indulge into wrong from right or right from wrong traces its background to it, upbringings and parental- childhood relationship. The children who in their childhood prong to harsh and exploitative environment in the early age of their learning, in adult age comes like an imbalanced personalities and anthema to society. To eradicate this menace of youth crime, we have to put all our efforts to popularise enlightenment, education, merit, equity, and equal opportunities of chance to everyone. Parents should be imparted values and education to teach and transfer it to children and so we would succeed in producing healthy and compatible youth. There are many organizations out there that help prevent teen violence, some which include the National Alliance For Safe Schools, Mothers Against Teen Violence, The National Coalition Against Domestic Violence, and more. Is there anything else though, that we can do to prevent teen violence from escalating to an even higher level? I hope so.

Conclusion

Some young crime is done because of the way they were raised. Parents that are careless to whom their child is handing out with, this is a situation were the child might get involved with the wrong crowd. The days of youth going to play in the park, going to school, hang out are all come to any end. These times are being replaced by breaking the law in most cases and will remain so until the law is changed and the rules become more strictly.