Discuss why and in what ways young people have been treated differently in the criminal justice system - Essay Example

Scholars have casted doubts on the effectiveness of the UK main criminal system in achieving positive results with the youths and children. The overall opinion is that the main criminal justice system is detrimental to the well-being of the youth going through it (Hill, Lockyer and Stone, 2007). Currently, criminal liability in the UK starts at the age of ten years (Davis, Croall and Tyer, 2010). Offenders between the age of ten and seventeen years are usually taken to Youth Courts for their cases to be heard and determined.

However, if the offences committed are serious offences, for example armed robbery, murder and rape, then the perpetrators are prosecuted in Crown Courts regardless of their age provided they can assume criminal liability (Cavalino, Dignan and Mair, 2013). The UK National Audit Office advocates for all children and young people to be treated differently from how adults are treated. It advocates for the Youth Justice System since it manages to strike the unique balance between the interests of the young person and those of the community.

It formulates measures that ensure early intervention, and taking proactive measures as opposed to reactive ones towards criminality (Duckley and Loader, 2012). It also institutes restorative justice measures as opposed to retributive ones used by the main criminal justice system, administers proper punishment and provides the necessary support to aid the youth and children in their rehabilitation process (Smith, 2013). This paper investigates why children and young offenders are treated differently in the UK criminal justice system and the ways in which these differences manifest themselves.

To achieve this, the paper starts by listing the reasons why youth engage in crimes and develop an understanding of whether they should be accorded special treatment. The paper then discusses the models of