Criminal Convictions Among Children and Young Adults - Research Paper Example

CRIMINAL CONVICTIONS AMONG CHILDREN AND YOUNG ADULTS Introduction Criminal convictions are disconcerting. And when the criminals happen to be children and young adults the disconcertment is all the more because to an average onlooker it is difficult to understand why a child or young adult had to commit a crime? However, children and young adult do commit crimes. Statistics reveal 51,800 male young adults and 7,100 female young adults 19 years of age and under were convicted for various criminal offences in England and Wales in 1998. Correspondingly, the figures dropped to 38,300 for young male convicts and 4,700 for young female convicts in 2008 in England and Wales (Young adults with a criminal record). The drop in figures is in a large measure due to changes in laws and rules governing incarceration of children and young adults. Community sentences have replaced jail terms and the approach to conviction of children and young adults is tied up with their rehabilitation and welfare in the long run (Greenwood, Peter W; 2010). Background Earlier, in 1953, the percentage of conviction for male young adults between 16 and 20 years of age stood at 14.4%, that is 49,348, of the population of 342,800. It decreased to 12.9% in 1978. The decrease was not successive. On the contrary the percentage rose during the intervening years. It was 16.7% in 1958, 19% in 1963, 17.3% in 1968, and 14% in 1973. The figure for females in 1953 for the same age group as males was 2.4% that is 7,865, of a population of 327,700. It increased to 3.3% in 1958, 3.8% in 1963, 2.9% in 1968, 2.3% in 1973 and returned to 2.4% in 1978 (Soothill, Keith et al; 2008, p11). In the 1960s and the 1970s, where children and young adults were concerned, court convictions symbolized deterrence and stigma. Society used the bad influence of convicted children and young adults as deterrence against criminal tendencies in children and young adults. However, this approach far from curbing criminal tendencies exacerbated and increased it (Soothill, Keith et al; 2008, p6). Reforms were needed. To begin, reforms were needed in the judicial system and approach to juvenile delinquency and laws to do with alcoholism and drug abuse by children and young adults who formed the most vulnerable groups to crime and drugs abuse. Convicted children and young adults had problems with education and getting jobs. This led to young adults re-offending and getting into worse problems with the law (Helyar-Cardwell, Vicki; p7). Methodology and Research Laws applicable to children and young adults have undergone a sea change during the last few decades. After all, it is the duty of law enforcement agencies to laud good citizenship as much as they attempt to discipline elements that fall foul of the law. In the medieval ages and even as recently as a century ago, laws applicable to children and young adults was not very different from those that applied to fully grown adults. However, times have changed. In the changed scenario, laws applicable to children and young adults tend to be more educative and edifying and not as formidable as it appears to hardened criminals. Courts have different rules for children and young adults. “A Children’s Court magistrate has no power to record a conviction against a person under 6 years of age. The magistrate can choose whether or not to record a conviction against a person aged 16 or over. This is true regardless of what penalty the young person gets. A child of any age who is being dealt with for a more serious offence by a higher court (e.g. the District Court) may have a conviction recorded against them (see section 14 of the Children (Criminal Proceedings) Act 1987 (NSW)). Juvenile matters where there has been a finding of guilt, but no conviction, may still be taken into account by a court when sentencing the person for further offences. However, there are some restrictions. An adult court cannot take these matters into account if the person has been out of trouble for two years immediately before committing the adult offence (Children (Criminal Proceedings) Act 1987 (NSW) s15)” (Convictions and Criminal Records, 2004) Changes in the law have been quite phenomenal during the past two decades. Difficult as it may seem, the law is more inclined to admonish the child or young adult and depending on the crime, warn or caution the youngster if he or she happens to be first-time offender. There is no conviction if the nature of crime is not very serious. A repeat offender is one who commits another crime within two years of the first warning (Convictions and Criminal Records, 2004, p2) Young adults as first-time offenders without appropriate education or unstable family background are provided job skills during the period of their community sentences so that they can find jobs after serving out the time of their sentence. Also, in case needed they are provided housing facilities. The idea is to remove the errant young adult from criminal environment and engage him or her in job activities and acceptable social life (Helyar-Cardwell, p9). Value and Relevance “Community sentencing uses a number of ways to punish those who are found guilty of minor crimes without sending them to prison. The length of the sentence will depend on how serious the crime was. “People under the age of 18 are called young offenders by the police and the courts. There are a range of community sentences that can be handed out, all of which concentrate on making sure that they do not offend again” (Community Sentencing, 2010). However, the facts are that punitive actions, howsoever benevolent, will be counterproductive unless the underlying motives push the child or young adult to change their behavior for salutary effects. There are grey areas many times in application of laws to young adults. Social organizations and other concerned bodies are persistently following up with police and other relevant authorities to put in place lenient corrective methods for children and young adults caught in various offences (Helyar-Cardwell, Vicki; p8). Research reveals that the entire legal spectrum relevant to children and young adults needs to be evaluated and modified so that unnecessary pressure is not brought to bear on them for any unseemly reason. Many young adults also engage in care giving activities. These activities bring young adults in close proximity to very young children or elders in need of assistance. In order to separate bona fide young adult from other young adults with questionable tendencies it would be better to have the concerned agencies go through the young adults’ background and make careful and authentic selections. It is not appropriate to have these children and young adults go through criminal record checks (Beckford, Martin and Whitehead, Tom; 2009). Children and young adults are also quite often easy prey for manipulative and sinister elements like pedophiles. It is unrealistic to keep tabs on every child, young adult and older adults to weed out potential pedophiles and possible victims. The job of law enforcement departments and agencies is to maintain vigilance on known offenders and potential threats. Besides, law enforcement agencies such as the police can educate the general public on how to keep out of trouble. This approach generates better goodwill (Greenwood, Peter W; 2010). The courts must ensure that children and young adults spend minimum time with police officials. Police personnel encounter bizarre cases and very hardened criminals. These encounters harden them to behave in certain manner that may not be suitable to children and young adults even if they have been caught in criminal acts. Children and young adults are in a transitory period of life. This is a period when transformation is taking place in a person’s life when he or she is becoming an adult from childhood. Their minds are impressionable and they can become easily nervous or frightened. Interactions with law enforcing agencies can be disturbing to many young adults. Children and young adults must be taught to live in confidence as law-abiding citizens. Law enforcement agencies can get information details about young adult in other ways. They can directly link up with educational institutions and keep updating information details. Unless a child or young adult has committed an offence, he or she must have the freedom to stay away from the prying eyes of the enforcement agencies (Beckford, Martin and Whitehead, Tom; 2009). Conclusion Children and young adults caught in legal imbroglio are normally those from disturbed family backgrounds. Hence, corrective actions must begin from the home instead of the offending child or young adult. As a matter of fact, certain children turn bullies and in some cases even breach the law. In most cases, such children come from difficult family backgrounds or do not receive proper parental care. It is therefore necessary to begin corrective action right from the place that is directly responsible for the child or young adult’s misdeeds. In such cases also, corrective action must be initiated to ensure better communication and healthy living. It does no good to confine such children and young adults within the four walls of a prison. In such circumstances, it is not only the child or young adult who suffer. Even the nation loses in terms of tax payers’ money and economy. Sources: Helyar-Cardwell, Vicki; A New Start: Young Adults in the Criminal Justice System, http://www.bctrust.org.uk/pdf/A_New_Start_Young_Adults.pdf Beckford, Martin and Whitehead, Tom; 06 December 2009, Nearly 127,000 children forced to have criminal record checks each year, http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/6308565/Nearly-127000-children-forced-to-have-criminal-record-checks-each-year.html Community Sentencing, 21 March 2010, http://www.direct.gov.uk/en/YoungPeople/CrimeAndJustice/CrimeAndTheLaw/DG_10028367 Conducting research with children and young people, March 2006, http://www.marketresearch.org.uk/standards/downloads/revised/active/children_young_people_mar06.doc?SESSID=4ulh2o2vb2vtb5i6hbg33hh061 Convictions and Criminal Records, 2004, http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf Greenwood, Peter W; 2010, Differences in Criminal Behavior and Court Responses among Juvenile and Young Adult Defendants, http://www.jstor.org/pss/1147517 Skinner, M et al; 2009, Predicting Functional Resilience Among Young-Adult Children of Opiate-Dependent Parents, Volume 44, Issue 3, http://linkinghub.elsevier.com/retrieve/pii/S1054139X08003510 Soothill, Keith et al; 2008, Criminal convictions among children and young adults: Changes over time, Criminology and Criminal Justice, http://www.academia-research.com/files/instr/423136_criminal%20convictions%20among%20children%20and%20young%20children.pdf Tissue, Renee and Korz, Alan C; 08 December 2004, When emotionally troubled children grow up: Adjustment in young adults who attended a psycho-educational treatment center, http://www.springerlink.com/content/x71g98x3g3683172/ Young adults with a criminal record, http://www.poverty.org.uk/33/index.shtml Read More