The Condition of Youth Justice Provision - Research Paper Example

The Condition of Youth Justice Provision in 2009 Roll No: Teacher: 7th May 2009 Table of Contents Table of Contents 2 The Condition of Youth Justice Provision in 2009 3 Introduction 3 About this Report 4 Anti-Discrimination Initiatives 5 What is Discrimination? 5 Negative Terminology within the Youth Service System 6 Positive Terminology within the Youth Service System 7 Discrimination within the Youth Justice System and Initiatives 9 Concluding Remarks 14 References 14 The Condition of Youth Justice Provision in 2009 Introduction The promotion of equality and inclusion as well as the value of diversity in practice are at the helm of new initiatives aimed at combating discrimination and oppression within the Youth Justice System. Accordingly, public authorities in the United Kingdom have a duty to promote racial equality and end discriminatory practices. Discrimination promotes oppressive policies and the unequal treatment of youth within the justice system (Dugmore, et.al 2006). It was recently shown that a higher proportion of black and mixed-parentage males are remanded in custody (when compared to their white counterparts), according to a comprehensive study commissioned by the Youth Justice Board (15). Recent studies like the one above demonstrate the persistence of discrimination within the justice system. Attempts are presently being made to counteract the serious joint problems of discrimination and oppression with youth justice. Notions of justice and equality are at the heart of the reforms currently being implemented within the Youth Justice System (Dugmore, et.al 2006). Although the promotion of equality and anti-discrimination measures are not new to the Youth Justice System – they have in fact been under implementation for more than four years – these initiatives are important because they seek to tackle significant institutional issues such as discrimination against visible minorities within the UK’s Youth Justice Arena. About this Report Seeking to address the evolution of Youth Justice initiatives, this essay will discuss what has been introduced and evaluate the originality of these new initiatives. Accordingly, we will explore the principles underpinning the initiatives and discuss the consequences of these initiatives for both society and young people within the Youth Justice realm. The effectiveness of these initiatives in dealing with the problem of youth crime will be analyzed and we will critically evaluate what is missing from youth justice provision. Our analysis will focus primarily on the anti-discrimination measures presently being implemented in the United Kingdom’s Youth Justice System and key terms, including discrimination, exclusion, racism, sexism, prejudice, diversity and labelling will be defined to help outline the parameters of this essay. The legal framework for the application of anti-discriminatory practice in youth justice will be elaborated upon and followed by an analysis of the representation of individuals and groups within the Youth Justice System. Finally, this essay will consider why it is important to take discrimination and oppression seriously within the Youth Justice System and how the promotion of diversity and inclusiveness can help tackle these problems. Anti-Discrimination Initiatives What is Discrimination? Discrimination is often described as the prejudicial treatment of others based upon certain real or perceived characteristics. It is generally done on the basis of race, colour, sex, age, language, sexual orientation, religion and disability (Dugmore, et.al 2006). An example of discrimination would be the refusal to hire an Asian worker. Discrimination is often based upon pre-held beliefs, judgments and stereotypes about people and groups. Social exclusion refers to the alienation and disenfranchisement of individuals or groups from wider society (Smith 2003). Examples of overt – and state sanctioned – social exclusion include Nazi policies towards Jews in Germany prior to, as well as during, World War II. Racism is related to xenophobia and generally defined as discrimination based upon the racial groups in which people belong (Hough and Roberts 2004). Racism involves prejudice, discrimination and can often lead to violence. Racism, which is institutionalised, is embedded within a culture, organization or society and is an established custom or norm within that social system (Goldson and Muncie 2006). Historically, it could be argued that the immigration system in the United Kingdom institutionalised racist policies and practice towards non-whites during the early part of the twentieth century (Panayi 1994). Sexism is the belief in the superiority of one gender over another. The most common form of sexism would be the belief women are somehow inferior or lest worthy than men (although sexism towards men does exist, for more information on the misandry phenomenon, see Nathanson and Young 2001). In their study on girls and youth crime, Gelsthorp and Sharpe found sharp contrasts in the youth court sentencing structure for boys and girls, both historically as well as in a modern context (49). Negative Terminology within the Youth Service System Negative terminology within the Youth Service System can lead to discrimination and ensuing levels of oppression towards youth. Labelling is a negative term, which means defining someone based upon his or her appearance or behaviour (real or perceived) (Goldson and Muncie 2006). A young man with a Mohawk haircut could be labelled as a punk or skinhead solely based on the style of his hair. From a youth justice perspective, a young black man may be subject to more stops and searches by police, and be labelled as more likely to engage in crime, due to the colour of his skin (the Home Office reports that black and Asian men were more likely to be stopped and searched by police than their white counterparts, see Statistics on Race and the Criminal Justice System, 2006). Stigmatisation is related to social marginalization and refers to the social disapproval of personal characteristics and/or beliefs, which are counter to commonly, accepted social norms (Dugmore, et.al 2006). Until quite recently, homosexuals faced severe stigmatization in the UK and were marginalized due to their sexual preference. Prejudice refers to prejudgement and the making up one’s mind about something or someone before all of the facts are known (Smith 2003). An example of prejudice would be the presumption of guilt by a police officer towards an Asian youth, randomly stopped and searched outside of a crime scene (Stephenson, Giller & Brown 38-262). Positive Terminology within the Youth Service System Positive terminology includes diversity, equality and inclusion. Each term described below can be used to counteract the effects of oppression and discrimination within youth justice and work towards more inclusive practices. Diversity means embracing difference and is best described as a social and political philosophy aimed at recognizing, celebrating and maintaining difference (British Council 2008). Equality refers to the belief that all are created equal and deserve equal treatment. From a youth justice perspective, this would mean that everyone is treated equally before the law. Inclusion means ensuring that all are included. For example, the Commission for Racial Equality and recent human rights legislation attempt to be as inclusive as possible in their outlook and practices (Youth Justice Board 2001). Public authorities in the United Kingdom have a duty to promote racial equality and end discrimination (Thompson 2006). The Commission for Racial Equality – now called the Equality and Human Rights Commission – is an organization independent of government with the aim of promoting diversity and equality for all (Thompson 2006). In tandem with the Youth Justice Board, the Commission for Racial Equality published a framework for ending oppression and discrimination within the Youth Justice System entitled “Achieving Equality within the Youth Justice Service” (2001). This program sought to end to discriminatory and oppressive practices within the Youth Court System and was inspired by the Race Relations Act, 2000 (2-4). In fact “the new ‘Public Duty’ provision of the Race Relations (Amendment) Act 2000, makes racial equality central to the whole range of youth justice policy decision making” today (5). This anti-discriminatory legislation has been employed to help tackle the joint problems of discrimination, prejudice and subsequent oppression within the Youth Justice System. Discrimination within the Youth Justice System and Initiatives Discrimination within the Youth Justice System can take a variety of forms. Visible minority youth (black, Asian or other) may be subject to more random police stop and searches, may be less likely to be cautioned by a magistrate and may face higher rates of incarceration (Goldson and Muncie 2006). In a study commissioned to look at race and the criminal justice system – not solely the youth system – it was determined that although black residents account for 2% of the population aged 10 and over in England and Wales, their rates of incarceration stand at 12% of the total prison population. This is a whopping and disproportionate 600% increase relative to their total population size in both England and Wales! Accordingly, black and Asians are more likely than whites to be arrested and face longer periods of incarceration (Home Office 6-11). Gelsthorp & Sharpe found that girls within the youth justice system faced different hurdles in their encounters with the Youth Justice System and were more likely to face institutionalised sexism and paradoxically, more leniencies at the time of sentencing (52-61). According to a recent study commissioned by the Youth Justice Board (YBJ), in which more 17,000 case decisions were studied, the YBJ discovered the following practices within the Youth Justice System: 1) A higher rate of prosecution and conviction of mixed-parentage young males 2) A higher proportion of prosecutions involving black young males 3) A greater proportion of black and Asian males that had been remanded in custody before sentence, especially the greater proportion of black males remanded whose proceedings had not resulted in a conviction 4) A slightly greater use of custody for Asian males 5) A much higher probability that a black male would, if convicted in a Crown Court, receive a sentence of 12 months or more 6) A slightly greater tendency for ethnic minorities to have been committed to the Crown Court (Youth Justice Board 21-22) This study concluded that there were “differences which were consistent with discriminatory treatment” when comparing the treatment of whites to the treatment of non-whites, as well as to the treatment of males versus females (Youth Justice Board 20). These finding promote the argument that oppression of minorities exists with the Youth Justice System and may even point to a larger problem of institutionalised racism within said system. Unfortunately, non-white youth continue to face discrimination despite measures to ensure inclusive and equal practices (Dugmore, et.al 2006). Girls, used by Gelsthorp and Sharpe, to refer to women between the ages of 10-17, have historically been overlooked and marginalize within youth justice (Gelsthorp & Sharpe 47). Describing the double standard faced by girls with the Youth Justice System, Gelsthorp & Sharpe argue that “offending girls were not only seen as breaking the law, but also gender role expectations” (48). During the 1990s, recorded juvenile crime increased more amongst girls than boys, with a particular increase in drug-related offences and violent crime (Gelsthorp & Sharpe 51). In fact, the arrests for violent crime amongst girls have reportedly increased more than 250% over the past quarter century (Rutter et al 154). Significantly, incidents of youth crime by girls are on the rise and youth justice policy makers are starting to understand and tackle the challenges faced by girls within the youth justice system (Hough and Roberts 2004). This approach must address the unique needs of girls within youth justice with an eye to further inclusion. There are varieties of principles underpinning these new initiatives and they include competing notions of universal justice and a renewed desire to ensure the fairness of youth justice in the UK (Souhami 2007). Although many of the initiatives currently being implemented are now new, in fact anti-discrimination measures have been in place for some time, the focus in 2009 is on ensuring a fairer and just Youth Justice System. Regardless of the originality of these initiatives, they remain important and are being addressed with renewed vigour. From a consequentialist perspective, the embrace of diversity and attempts at combating institutionalized racism with Youth Justice will be positive for both the wider society as well as to young offenders (Thompson 2006). Young people can expect more fairness and anti-discriminatory treatment with the System and the result may very well be a decrease in overall levels of crime (Dugmore, et.al 2006). By addressing some of the institutionalized impediments to an effective Youth Justice System, these reforms promise to be positive and will hopefully help ally some of the problems associated with youth crime in the UK. Competing influences on social policy with respect to youth justice provision include the “conservative” approach, which includes harsher sentences for young people who have committed crimes, a focus on retribution as opposed to rehabilitation and a more “American-centric” view of youth justice (Goldson and Muncie 2006). An alternative perspective, one which has historical been advocated by left-leaning politicians and has been associated with the increasingly centrist Labour Party is one which focuses on rehabilitation instead of retribution and has been the driving force behind the recent reforms underway in the UK Youth Justice System (Dugmore, et.al 2006). It comes as no surprise then that many of the anti-discriminatory initiatives discussed here began under the tenure of Tony Blair and continue to this day with his successor Gordon Brown. Racism is a global problem but one which is very much present in the United Kingdom today and with important ramifications across a variety of social institutions (Goldson and Muncie 2006). These initiatives are long overdue in an institutional system in which visible minorities are disproportionally represented and when a higher proportion of black and mixed-parentage males are remanded in custody as compared to their white counterparts (Youth Justice 2009). These attempts at correcting the racial imbalances within the Youth Justice System are integral to ensuring equality and the fair application of British law (Souhami 2007). Attempts to combat discrimination within the System are now underway. As we have seen, class, gender and race are very important when it comes to Youth Justice in the UK. Concluding Remarks It has been established that discrimination does exist within the UK Youth Justice System. Discrimination leads to oppression and the unequal treatment of youth before magistrates and the courts of law (Souhami 2007). New legislation and programs, including initiatives such as “Achieving Equality within the Youth Justice Service”, promote diversity and inclusiveness and will help counteract the social ills of prejudice, discrimination and oppression. Although recent studies demonstrate the persistence of discrimination within the justice system, policy makers are currently tackling the problems associated with the Youth Justice System with an eye to making it more inclusive, representative and fair. References Achieving Equality within the Youth Justice Service. Youth Justice Board, 2008. Differences or Discrimination? Youth Justice Board, 2009. Dugmore, Paul, Pickford, Jane and Angus, Sally 2006, Youth Justice and Social Work, Learning Matters. “Equality and Diversity in the UK” 2009. The British Council. Last accessed April 19 2009 Gelsthorp, L & Sharpe, G 2006. “Gender, Youth Crime and Justice.” Youth Crime and Justice, Eds. Barry Goldson & John Muncie, Sage, London. 47-62. Goldson, Berry and Muncie, John 2006, Rethinking Youth Justice: Comparative Analysis, International Human Rights and Research Evidence, Youth Justice, Vol. 6, No 2, 91-106. Hough, J.M. and Roberts, Julian V 2004, Youth Crime and Youth Justice: Public Opinion in England and Wales, The Policy Press, England. Nathanson, P and Young, K 2001, Spreading Misandry: The Teaching of Contempt for Men in Popular Culture, McGill-Queen’s University Press, Montreal. Panayi, P 1995, Immigration, Ethnicity and Racism in Britain 1815-1945, Manchester University Press, Manchester. Rutter, M., Hagell A, & Giller, H, 1998. Antisocial Behaviour by Young People Cambridge University Press, Cambridge. Smith, Roger Shipley 2003, Youth Justice: Ideas, Policy, Practice, Willan Publishing, London. Souhami, Anna 2007, Transforming Youth Justice: Occupational Identity and Cultural Change, Willan Publishing, London. Statistics on Race and the Criminal Justice System. Home Office, 2006. Stephenson, M , Giller, H & Brown, S 1997. Effective practice in Youth Justice. Willan, London. Thompson, N 2006, Anti-Discriminatory Practice, 4th ed., Palgrave Macmillan, Basingstoke. Read More