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Law Justice and Society - Essay Example

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Having an unambiguous explanation of anti social behaviour of the youth would assist in finding out the nature and extent of the problems and come up with a practical solution for youth criminal system. Millie et al (2005: 2) emphasized on two reasons for definitional care…
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Law Justice and Society
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Download file to see previous pages This can truly be seen in the light of to reform youth justice.
The vague nature of constitutional definitions have led a lot of Crime and Disorder Reduction Partnership to follow these definitions (Sprigings, 2005), leading to inconsistencies and divergence in the utilization of Asbos. The mixing of incivilities as well as criminal offences clearly discombobulates basic questions of justice. This results in the intensification of anti-social behaviour, as well as fears and anxieties of the public.
Dissertation of boundaries during deviancy control, according to Cohen (1985) evades the issue of if a law had actually been broken, it eliminates the difference among public and private furthermore it also penetrates the family, educational institutions and neighbourhood. As the explanation of visions regarding social control recommended, 'classification' is a essential characteristic of the system, and the growth of deviancy control professions makes way for more classification systems to form new categories of deviance, which need to be fulfilled (Brown, 2004:204). It is quite clear that New Labour government favour a general definition.
We can consider this kind of control by Foucault theory of discipline and punishment he believes in order to have power one must need knowledge. In a prison the guard has all the power compared to the inmates. According to Foucault (1981), they have the knowledge to watch and keep the prisoners in order. As for the prisoners they realize they are being observed and they realize that they do not have any authority. If a prisoner does something wrong they will be punished, so when they are in their cell they try not to do anything out of the ordinary. The inmates know that if they do something wrong they will be punished by the guards. The fact that the prisoners know they will punish by a guard for misbehaving shows that the guard has the power and is in charge.
ASBO and its Success in Youth Justice System
The Crime and Disorder Act 1998 was the foremost legislative piece of the New Labour it presented Anti-social behaviour orders along with a lot of other orders regarding sex offender, parenting, o child safety, damages, action plan orders, and custody, so that anti-social behaviour can be appropriately dealt with (www.audit-commission.gov.uk/). This act's main objective is to decrease crime, improve the safety of the community, encourage more successful multi-agency approaches, and develop the trust of the public in the criminal justice system, by means of cooperation with local communities, difficult to reach groups as well as each and every agency of the public sector. The Crime and Disorder Act 1998 finished off the doli incapax, therefore resulting to alterations in youth justice.
This order has done a lot for the juvenile justice system as an order may be utilized against an juvenile who is 10 years old or more for acting in an 'anti-social manner' moreover it can be used via the police, local authorities as well as registered social landlords (Campbell, 2002 p 56). The minimum period for an order is 2 years.
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