Index IntroductionThe reasons for diverting young people from the criminal justice systemVictoria Police WarningsYouth Justice Group ConferencingROPES and the right stepConclusionReferencesIntroductionYouth crime has long been a of the hottest topics among criminological researchers (Crime Statistics Agency, 2017). Throughout history, children involved in the criminal justice system have been treated no differently than adult offenders. According to Carrington and Pereira (2009), in Australia until the beginning of the 20th century, juvenile offenders were still subject to the same sanctions as adults. It is generally recognized that there are two possible approaches to tackling juvenile delinquency: punitive treatment and the rehabilitative approach, which involves diverting young people from the justice system. And diversion strategies are the main aspect of the rehabilitation approach. The purpose of diversion is to redirect youth away from the justice system so that they can avoid the stigma and negative impact that comes from their contact with the system (Cunneen & White, 2002; Farrington, 1977). Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayIn the Recorded Crime – Offenders 2016-17 report, young offenders are defined as people aged 10 to 17 (Australian Bureau of Statistics [ABS], 2018). Over this time period, 8,280 young offenders were recorded in Victoria, 5% fewer than the 2015-16 figure (ABS, 2018). According to data released by ABS (2018), theft was the most prevalent major crime in Victoria when it comes to young offenders, with acts intended to cause harm coming second. It is important to remove young people from the criminal justice system for two main reasons: to give a second chance to young people who come into contact with the justice system and to improve community safety by reducing the rate of youth recidivism. Part three covers the current condition of the youth diversion system in Victoria and some recommendations for improving the current situation. Reasons for diverting young people from the criminal justice system One reason Australia and the international community seek to divert juvenile offenders from the criminal justice system is that they are fundamentally different from adult offenders (Richards, 2011). Young delinquents are at an important stage in the development of their personality, moral values, intellectual abilities and a fairly good understanding of the community around them and the world as a whole. Since they are still in the stage of developing cognitive abilities, they can be easily influenced by their surroundings. Not being able to distinguish right from wrong and not having a good influence in their lives, children and young people can easily slip into the path of criminal behavior. Furthermore, according to Wright and Kutcher (2013), young people are normally more emotional than adults due to their raging hormones. This may explain why some young people display violent or uncontrollable behavior, which can sometimes escalate into criminal behavior. Furthermore, it is generally believed that adolescents are incapable of making decisions. This may be linked to their involvement in high-risk and often dangerous activities, careless driving behavior, drug and alcohol use, and unprotected sex. It seems obvious that these young people like to take risks. And there have been numerous studies attempting to offer explanations for the psychology linkadolescence and risk taking. Johnson and Malow-Lroff (2008) summarize some theories to explain this, such as attention seeking, rebellion, conscious decision making, immaturity and present orientation, and so on. It means that some young people are unable to recognize the potential risk or consequences of their behavior simply because they are immature or like to live in the present. So they refuse to think about all the risks or they intentionally take risks to rebel against authority figures, such as parents and teachers. Therefore, it is not difficult to come to the conclusion that young people are poor decision makers, which is one of the factors that attribute the difference between young delinquents and adults. The stigma that comes from early contact with the criminal justice system can have a negative impact on young people's adult lives. Some scholars admit that the stigma could impact their education and job opportunities, sometimes even subsequent relationships. By keeping young delinquents away from the criminal justice process, we can protect them from being traumatized by stigma throughout their lives. Then they will be blessed with a second chance and will take a clean and fresh journey in their adult life. Furthermore, most young people would transition out of “crime” as they mature and adopt new lifestyles as responsible, law-abiding adults. On the other hand, once youths who commit criminal behavior are processed in the justice system, they would thereafter be labeled as criminals. Labeling processes could lead to further deviance, in which case the labeled individuals recognize such identities and become one of them (Lemert, 1969). Redirecting youth away from the criminal justice system can avoid such stigma and label. Diversion is also an important way to protect these vulnerable children and young people and in the process address the causes of their criminal behaviour. With diversion programs, young offenders can have access to appropriate support services, such as mental health services, education and training opportunities, which can help them build a meaningful life. Otherwise, these juvenile delinquents may continue their delinquent behavior and eventually commit a crime as adults. Furthermore, by providing youth who engage in delinquent behavior with all the necessary support services they need, they could reconnect with their family, friends and community. In some ways, this can help them combat their abusive behavior. For example, if juvenile offenders' criminal behavior is caused by mental health problems, offering them counseling and therapeutic treatment is helpful in controlling their impulses and anger, which can reduce the rate of recidivism. All of the support services offered by diversion programs can help address youth issues related to drug and alcohol use, displacement, and education and training needs. Therefore, compared to punitive punishment and embodiment, diversion better serves to address the problem of youth crime. And diversion programs make our community safe by reducing the recidivism rate of low-cost youth offenders. The Crime Statistics Agency (2017) found that cautioned young offenders had a lower rate of reoffending than those charged. And police caution is one of the means of diversion, which occurs before young people appear in court. Furthermore, according to Smart Justice (n.d.), diversion costs much less than committing young offenders to a juvenile justice facility. According to KPMG (2010), diversion programs based oncommunities cost 10% less than juvenile justice facilities. This is another reason why we should divert young people from the criminal justice process. Victoria Police warnings In Victoria, police can issue a formal warning to young people if they admit committing a crime. Various factors come into play when the police issue a warning, such as the seriousness of the crime, the circumstances of the victim and the offender, the consequences of the crime and the previous record of warnings received, if any. Although it is recorded in the police files, it will not affect the criminal background checks of young people. Warnings can also be in an informal form, which is not recorded, at the discretion of the police if the offense is minor (Jordan & Farrell, 2013). As there is no legislation on police warnings, the whole process is at the discretion of Victoria Police, which creates some problems. Diversion decisions are inconsistent. Over-representation of Indigenous youth in the criminal justice system as they are less likely to be diverted than non-Indigenous people. According to Richards (2009), Victoria is much less likely to divert young people from the criminal justice system than any other state and territory in Australia. Richards (2009) compared several states' trends in juvenile diversion from 2002-2007, which easily leads to the conclusion mentioned above. These problems are caused by the fact that the police act as the main gatekeepers of the diversion system. Without legislation to support and verify their decision, it is difficult for police to avoid any bias in diversion decisions. And we cannot guarantee the fairness of the process when the decision on whether a young person should be transferred depends on the officer handling the case. My recommendation for improving warnings by the police would be an appropriate framework and legislation for the process so that the police have basic principles and criteria to follow when making the decision to refer young people to services and programs other than the courts . Group Youth Justice Conferences Group conferences are a restorative justice-based program which aims to help offenders realize the impact of their offending behavior on victims and the community and to negotiate possible plans for change. This occurs in the pre-sentence phase and the meeting is attended not only by the victim, the offender, his family, but also members of the community and the police informant. One of the aims is to strengthen bonds between the young offender, his family and the community. Through group conferences, young people have the opportunity to better understand the consequences of their behavior and are encouraged to take responsibility for their actions. Furthermore, by involving the victim, family, police and community in the process, it improves people's trust in the criminal justice system. One of the problems with group conferences lies in one of its eligibility requirements, which is that it targets young people who have pleaded guilty or been found guilty of non-serious crimes. If group conference could take place before young people have their first contact with the court, it would be more effective in diverting young people from the criminal justice system (Parliament of Victoria, 2018). Another problem is that only juvenile court can refer youth to the group conference program. This diversion option is not available to Victoria Police. In this way, some young people who could have benefited from this programdiversion is denied access.ROPES and Right StepROPES is a diversion program administered by the police and juvenile court, which primarily aims to educate young people about the impact of having a crime record. And access to this program is restricted to young people with no prior contact with the court. The result of successful completion of this program is that the young offender does not need to appear in court. The problem with this significant diversion scheme is its limitations in terms of duration and availability as it is a single day activity and is only accessible in Melbourne and a limited number of rural areas (Jordan & Farrell, 2013). With sufficient funding, this program should be able to cover more educational activities and help more young people break free from their offending behaviors. Compared to ROPES, Right Step is a more intensive diversion programme, involving an eight-week counseling and support service. However, it has a similar problem in terms of availabilityoperates mainly in Moorabbin. According to the Youth Affairs Council of Victoria (nd), this program aims to address the underlying causes of delinquent behavior among young people. Once successfully completed, the magistrate will decide whether the charges will be dismissed based on the case manager's report. However, this program is highly dependent on donations from philanthropy. If resources and funding can be allocated efficiently, more young offenders can benefit greatly so that community safety can be improved. Another serious problem with the current diversion system is limited access to diversion programs in rural and remote areas. The Youth Affairs Council of Victoria (nd) expressed concern that young people living in rural areas may be less likely to have the same access to necessary programs and services that address the causes of their criminal behaviour. If there is state-level diversion program legislation in juvenile court and ongoing government funding for effective programs like Right Step, a substantial number of youth can get a second chance and enter adulthood without a criminal record. Conclusion Diversion is an important approach if youth justice goals are to be achieved. The main objectives of the Youth Justice Service are to remove young people from the criminal justice system when appropriate, reduce reoffending, provide young people with services and programs that address their offending behavior and help them reconnect with the community and improve the confidence of the general public . in the Youth Justice Service. Diversion programs can be a great help because they recognize the difference between juvenile delinquents and adult delinquents, and the variety of diversion options offer young people valuable courses that challenge their criminal behavior. Additionally, rather than simply locking juveniles up in prison, diversion programs address the causes of youth criminal behavior. This is why it is of great importance to keep young people away from the criminal justice system whenever possible and applicable. In Victoria, there are currently some diversion programs working in different phases to educate and rehabilitate young offenders, which is far from sufficient due to limited access and funding within the current diversion system, and that Victoria Police are acting as primary gatekeepers in youth diversion. Please note: this is just an example. Get a document now. (2009)., 24(3), 419-437.
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