Discrimination, Oppression and the Youth Justice System - Coursework Example

Discrimination, Oppression and the Youth Justice System Public ities 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. 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. 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. Key terms, including discrimination, exclusion, racism, sexism, prejudice, diversity and labeling 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. 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. 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. 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. 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. 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 can lead to discrimination and ensuing levels of oppression towards youth. Labeling is a negative term which means defining someone based upon their appearance or behaviour (real or perceived). A young man with a Mohawk haircut could be labeled 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 labeled 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. 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. 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 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. 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. 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 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. 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 leniency 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. 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. This approach must address the unique needs of girls within youth justice with an eye to further inclusion. 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. 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. Works Cited Achieving Equality within the Youth Justice Service. Youth Justice Board, 2001. Differences or Discrimination? Youth Justice Board, 2004. “Equality and Diversity in the UK”. The British Council. Last accessed July 19 2008 Gelsthorp, Loraine & Gilly Sharpe. “Gender, Youth Crime and Justice.” Youth Crime and Justice. Eds. Barry Goldson & John Muncie. London: Sage, 2006. 47-62. Nathanson, Paul and Katherine Young. Spreading Misandry: The Teaching of Contempt for Men in Popular Culture. Montreal: McGill-Queen’s University Press, 2001. Panayi, Panikos. Immigration, Ethnicity and Racism in Britain 1815-1945. Manchester University Press, 1994. Rutter, M., A. Hagell & H. Giller. Antisocial Behaviour by Young People. Cambridge: Cambridge University Press, 1998. Statistics on Race and the Criminal Justice System. Home Office, 2006. Stephenson, Martin , Henri Giller & Sally Brown. Effective practice in Youth Justice. London: Willan, 2007. Read More