What makes young people offend

Related to the above discussion is the theory of labelling. The stigmatisation engendered by the criminal justice system therefore produces a self-fulfilling prophecy — young people labelled criminals assume the identity of a criminal. Avoiding labelling and stigmatisation is therefore a key principle of juvenile justice intervention in Australia. Specialty courts, such as youth drug and alcohol courts see Payne for an overview , are informed by therapeutic jurisprudence and seek to address specific needs of juvenile offenders, rather than punish juveniles for their crimes.

Although many of the measures described in this paper — including specialty courts, restorative justice conferencing and diversion — are also available for adult offenders in Australia, this is the case to a far more limited extent. Many of these approaches are differentially applied to juveniles, whose youth, inexperience and propensity to desist from crime make these strategies especially appropriate for young people.

Although there are variations among the jurisdictions, juveniles are often afforded the benefit of warnings, police cautions and youth justice conferences rather than being sent directly to court. It is widely recognised that some criminal justice responses to offending, such as incarceration, are criminogenic; that is, they foster further criminality.

This may be particularly the case for juveniles, who, due to their immaturity, are especially susceptible to being influenced by their peers. An increase in the intensity of interventions was also found to increase negative impacts later in life.

The more restrictive and intensive an intervention, the greater its negative impact, with juvenile detention being found to exert the strongest criminogenic effect. Gatti, Tremblay and Vitaro therefore recommend early prevention strategies, the reduction of judicial stigma and the limitation of interventions that concentrate juvenile offenders together.

In comparison with adults, juveniles tend to be over-represented as the perpetrators of certain crimes eg graffiti and fare evasion and under-represented as the perpetrators of others eg fraud, road traffic offences and crimes of serious violence. In addition, by comparison with adults, juveniles are at increased risk of victimisation by adults and other juveniles , stigmatisation by the criminal justice system and peer contagion.

It should be noted, however, that while juvenile offenders differ from adults in relation to a range of factors, juvenile offenders are a heterogeneous population themselves. The author would like to acknowledge the support and assistance provided by the AJJA.

What makes juvenile offenders different from adult offenders. How juvenile offending differs from adult offending. The proportion of crime perpetrated by juveniles. Growing out of crime: the age-crime curve. Figure 1. Example of an age-crime curve [1]. Juvenile offending trajectories.

The proportion of juvenile who come into contact with the criminal justice system. The types of offences that are perpetrated by juveniles. The nature of juvenile offending. Why juvenile offending differs from adult offending.

Risk-taking and peer influence. Intellectual disability and mental illness. Young people as crime victims. The challenge of responding to juvenile crime. Juvenile offenders have complex needs. Juvenile offenders require a higher duty of care. Juveniles may grow out of crime. Juvenile justice interventions.

The doctrine of doli incapax. Welfare and justice approaches to juvenile justice. Reducing stigmatisation. Diversion of juveniles. Table 1 Main juvenile justice legislation in Australia, by jurisdiction. Avoiding peer contagion. Young Offenders Act Children, Youth and Families Act Youth Justice Act Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

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Why treat youths differently to adults in the first place? The law rightly recognises that young people are fundamentally different to adults. Their cognitive functions are under-developed and their capacity to appreciate the consequences of their actions is limited.

There is scientific consensus that children simply do not have the cognitive maturity to think through issues, regulate their behaviour and solve problems rationally to the extent that most adults can. This is why the law places a greater emphasis on reform of young offenders rather than punishment. Does the law let young people get away with serious crime?

Sentences handed down by the courts are based on a complex set of principles that factor in the need for punishment as a form of deterrence, safety of the community, prospects of rehabilitation, and contrition of the offender, among other criteria.

A sentence of imprisonment is sometimes the most appropriate response to a serious offence, particularly if it the latest in a pattern of repeat offending. Prison plays an important role in reflecting society's condemnation of certain behaviours, but we must acknowledge that prisoners will at some point be released. Prison alone will not reform offenders. Conversely it can act as a training ground for criminal behaviour. Will increasing the sentences for young offenders make the community safer?

It is doubtful that increasing sentences for young offenders will make the community safer. If there is any group of people unlikely to be influenced by tougher laws, it's young people, who are typically more rash, impulsive, reckless and irrationally assured of their invincibility than adults.