HSC Legal Studies: Re- doing the assessment Essay

The Australian statutory carcass and social media has responded attentively towards vernal offenders. The persuasiveness and resolvent is clearly shown with the communitys response, law officers and government officials that has implemented virgin strategies for little offenders to be back on their feet because the legal system has recognized the incapableness of a immature some genius(s) to show the legal system. The maturity level and inexperience be causes for them to offend the law. til now a person(s) lifestyle and behavior can affect how you treat and delight in the laws of the land. One other reason wherefore green offenders are hardened differently is due to the protection made by an world-wide organization. This pact is founded as Convention on the even ups of a claw- also cognise as CROC. CROC is a set of comprehensive rights given to children under 18years of age. The Australian government ratified the group in December 1990 but that became bind ing in 1991- delayed by the extensive process of ratifying the convention in each stir of Australia. Therefore explains the one year respite between the years.A former US enquiryer from the Institute of psychogenic health has given factual points that a human brain does non finish developing until its late 20s. The researcher stated Its unfair to expect young people to go through a to the full developed apprehending of the law and treat them as adults, when their brains have non yet finish developing into adulthood stage. This researcher has demonstrated that a young person(s) dependency is up to now sustained with their former parent(s).Thus creating a barricade to give them full responsibility as a young person and an evidential proof that shows why young people must be treated differently- having said young people are compose unfree with their former parents shows the lack of incentives to wee-wee on the legal system which is not indulged by parents, but its a turmoi l structural system of the Australian Constitution. A Constitution which is consistent with the law not inconsistent.Constructed deep down the constitution is the Young offenders Act 1997, which states in article 55 south by east penalties imposed on a child for an offence should be no greater than that is imposed on an adult. This act go away protect them from receiving the corresponding punishment as adult. Its leg solelyy recognized in every last(predicate) court proceedings especially the criminal fair(a)ice system. But because it is de jure recognized young people take the advantage and at propagation purposely use this act to be discharged from the serve penalty.This is why the rate of re-offenders are relatively high- as seen in a research document of re-offenders illustrated by Jessie Holmes which works for the Bureau of Crime Statistic and Research, 40% of the offenders re-offend at heart one year time. The execrable Justice System has also seen that young people w ho offends have a particular characteristics of a lifestyle which is distraught and abrupt, therefore affecting their behavior and leading them to counteract the law. The result is that the Criminal Justice System has provided with chopines which enable them to attain reliable resources such as kids help line, young justice centers and community support programs.Another work out is the Human right and equal opportunities commission Act 1986 applying to all. For young offenders the international treaty which was created by the UN have exempted legislation(s) specifically for young offenders- such as Convention of the rights of the Child Act 1990 covering all rights and protection for all children around the world. This treaty commenced due to a high number of insecure children which has no articulatio in other words no right that enable them to freely do what they want and need.This treaty gives children a voice to speak but because only a few members on the coupled Nations rat ified this convention- it is only a soft law because of a state sovereignty, there are still unprotected children being kept extraneous from their rights. The convention goes as far as the state is willing to take it. An example of this convention being breached is in China- where children are not empower completely to their rights which is a breach of the international treaty and China is one of the main veto power members that can ultimately do as it pleases therefore the international treaty is not enforceable but just being neglected.This approach stated through the first of many cases R v Wilcox 15 Aug 1979, where the judge made a remark that in case of a youthful offender, considerations of punishment and general deterrence of others may be properly discarded in favor of individualized give-and-take of the offender, directed to his rehabilitation This case sets a precedent that strives to protect the childs right and ensure that the law should recognize children/ young pe ople. collectable to this case it has given many recognition towards young people and its incapability to follow the law and be protected by many legal organization that believes there is more to it. Explaining why they are treated differently in our Australian legal system. How young offenders are treated differently are dealt with strategies, policies that enable each and one of the young offender to understand their wrong doings. Police officers and Government officials have other ways of making young offenders to listen, obey, and rehabilitate from where they were before.A recent activity was made from the guard officers as they have relocated their staff members in the Sydney CBD because of the many hazard reports. The Governor General has suggested that young offenders should be sent to bush camps sooner of being locked up in cells. Which can help them understand why and how it is important to obey the law. Theyre trying to find alternatives that will be easier for young o ffenders to rehabilitate. This approach could or could not be effective because it still comes back to the psychological part of an individual whether they want to accept or learn where they went wrong. This approach has said to been working with the ones whose been re-offending so far. A new activity that the new government has chosen to do is giving young offenders a choice whether to go to a diversionary conference or a court.The diversionary conference is similar to the one in capital of Australia where the young offender are put into shame through wearying shirts that exclaims their offence. Canberras diversionary conference has enacted and now proceeding through the following areas Queanbeyann, Yas and South coast township. As an aim to bring placidity towards their families and victims. The Australian federal police has been running trials of shaming conferences in ACT since 1992 and these schemes have been established in Western Australia, South Australia, Victoria and Que ensland- but still evaluating the options. Commander Ike Ellis who is responsible for the NSW youth said the new laws gave police a greater option to deal with young offenders/people more effectively. In saying this new law has been a great opportunity for the Australian government to deal with young offenders/people because it achieves a greater intensity level towards the young people.On the other hand the Juvenile Justice core has constructed a program for youth drivers. Where way safe gives young drivers rewards for driveway safely on the road. This has been funded by the Juvenile Justice Minister Barbara Perry. The program was given $2580. The aim is to prevent young people from road crashes. The result is that 150,000 high school students across Australia have attended the course. Theyve targeted 16-17years old who are starting to drive. Its given young offenders an opportunity to learn road safety whilst being in custody.This program is an incentive for young offenders. The effectiveness is that more young people/students are aware of the road safety and this has dropped from 45% to now 29% on traffic offences. All of the objectives and aims from community, police officers and government officials is trying to find alternative from jail. In respect that young people still lack the intellectual mentality that is needed and infallible by the government and communities. They have seen that the number of young offenders been locked up remain to re-offend comparison to the others where they are been put into programs, which allow them to see their problems. Young offenders will always be treated differently because young people are not fully equipped to handle the responsibility and liabilities.