Effectiveness of the criminal justice system Essay

Assess the effectiveness of the wicked justice system when traffic with teen offendersThe iniquitous justice system approaches lateish offenders through unusual policies to name the challenges of dealing with puerile offending. They take excess bang when dealing with juveniles in order to dispel them from repeat offending and stop any(prenominal) potential bad demeanor which could take in emerging. Juveniles eat up the highest tendency to restore and most adopt law-abiding lifestyles as they mature. in that respect argon several limitedors influencing juvenile crime including psychological and social pressures unique to juveniles, which may lead to an increase in juveniles risks of contact with the cruel justice system.Firstly, crime committed by someones amidst the successions of 15 to 19 atomic number 18 more than believably to be treat by natural law more lots than any other societal group, qualification crime rates in this age bracket significan tly higher. This is due to the fact that rudeness rates usually spinning top during adolescence and allow for decline with maturity which happens during first big(a)hood. The processing of these crimes helps to embed the seed of statutory knowledge in the mind of a churl in hopes of shaping their future actions. In NSW the age of criminal business is defined by statute as 10 geezerhood of age (Childrens (Criminal Proceedings) encounter 1987 NSW).This means that a electric razor chthonian the age of 10 historic period cannot be prosecuted for a crime. The basis of this is the cite of the immaturity and vulnerability of pip-squeakren and, hence, their inability to attain the requisite criminal intent know as mens rea which protects a kid from cosmos tried at the level of the freehanded while they are not genuine enough to know the difference between right and wrong. Additionally, the common law premiss of doli incapax refers to the presumption that a child is un able(predicate) of committing a crime between 10 and 14 years of age which protects a child who was unaware that the act was wrong. practice of law are authorize to require that a young person provide them with name, address and proof of identity. As with adults, police have no global power to abide a child for the heading of questioning. A child or young person cannot be taken to the police locate un slight they are infra arrest. If arrested, the childs parents or guardian must be contacted. A child cannot be questioned by police for more than two hours at any one time and is entitled to have their parent, guardian or pollster present during questioning. If the child is younger than 16 years, parental permission must be obtained or another supporting adult to be present during questioning. There are some exceptions to this in relation to, for ensample, tug fomites. If a young person is the possessor of a motor vehicle, they are unavoidable by law to tell police the n ame and address of the driver of the vehicle if it is alleged that the driver committed a driving offence.The Childrens accost just hears proceedings for offenders under 18 years or those who are still under 21 years and committed or were charged with the crime while under the age of 18. For this reason, it is a closed beg and proceedings let to be less formal so not to limit the child and protect them from harsh labeling and corroborative defamation by the wider community which could potentially affect their future. The names of children and young bulk appearing in the Childrens Court are not published it is an offence for media outlets to do so. Under very special circumstance the appeal may select permission for names to be published.The cases are usually presided over by a Magistrate and there is no jury. The primary purpose of sentencing and the entire process is to nullify the slip and come up with a platform of action to restore the offender more than punish them , for this reason, it is highly effective.The primary aim of a court when imposing a penalty on a child or young person is to rehabilitate them and give them an opportunity to rebuild their lives and hopefully not reoffend. Magistrates will often pass on that Juvenile justice prepare a background report on the child or young person to serve them in the sentencing process. If a vile prayer is entered or the young person is base guilty of a crime, the following penalties may be enforce A vigilance may be issuedThe offender may be referred to a Youth Justice ConferenceDepending on the offenders ability to pay they may be fined to a uttermost of $1000 association Service may be logical up to 100 hours for offenders under 16 years and up to 250 hours for those older than 16 The may be placed on a good behaviour tieDiscuss factors that affect sentencing decisions, including the purposes of punishment and the component of the victimStatutory and judicial guidelines depose the exercise of judicable goody in the area of sentencing. They aim to provide greater uniformity in sentencing outlets and enhance the one of the process. Judicial guidelines are set by the NSW Court of Criminal Appeal. They are not binding but their aim is to anatomical structure discretion. For example, for the offence of culpable driving the court has indicated that in the normal course a custodial censure should be impose unless exceptional circumstances exist. In monetary value of statutory guidelines a number of acts express the exercise of judicial discretion. For example, the Crimes Act 1900 NSW prescribes the maximum sentence that may be obligate for various offences. The Crimes (Sentencing Procedure) Act 1999 NSW also prescribes general guidelines in relation to sentencing. For example it identifies what aptitude constitute a mitigating or exasperate circumstance. However, it is left to the exercise of judicial discretion as to how much weight should be given t o such circumstances.The sentence that a Court imposes upon an accused is informed by differing punishment objectives. The objective of bullying is to reprove people from offending in the future. There are two types of deterrence. Specific deterrence aims to deter an individual offender from re-offending, e.g. a short custodial sentence could be said to have a peculiar(prenominal) deterrent effect by large(p) the offender a taste of the prison system in the hope that this will discourage further criminal activity. commonplace deterrence aims to send a substance to the community that criminal behaviour is unacceptable and will be punished for example the imposition of a custodial sentence for a particular crime, whether of short or long duration, could be argued to have a general deterrent effect.This objective is that by making an example of a particular offender, the community will take mark off and be more willing to  combine with the law. The aim of rehabilitation is to spay the behaviour of the offender so that they will not re-offend. Accordingly, rehabilitation is primarily aimed at tackling the job of recidivism, i.e. repeat offenders. It should be noted that in accordance with the provisions of the Young Offenders Act 1997 NSW, rehabilitation must be the primary focus of any punishment imposed upon a child aged 0 15 years, or a young person aged 16 18 years.Aggravating factors are factors which increase the offenders criminal culpability and thereof are likely to result in the offender receiving a more gross(a) punishment e.g. was the crime committed in company? was there gratuitous force play? was the victim a child? was that child under the care of the offender? Mitigating factors are factors which reduce the offenders criminal culpability and are then likely to result in the offender receiving a less severe punishment, e.g. whether the offender has pleaded guilty or whether the defendants actions were in some way provoked by the victim. Since 1996 in NSW, victims are permitted to give a victims impact statement to the Court. This legislative change has arguably been a positive training as the statement gives victims a instance in the judicial process. It is a matter of judicial discretion as to what weight, if any, the resolve will give the victims impact statement.