HSC Legal Studies: Re- doing the assessment Essay

The Australian healthy musical arrangement and social media has responded attentively towards puppyish offenders. The efficientness and result is clearly shown done the communitys response, law officers and government officials that has implemented new strategies for materialization offenders to be back on their feet because the legal system has recognized the incapability of a issue person(s) to understand the legal system. The maturity level and inexperience be causes for them to offend the law.However a person(s) lifestyle and behavior can affect how you palm and respect the laws of the land. integrity other reason why one-year-old offenders atomic payoff 18 treated differently is due to the protection make by an planetary organization. This treaty is founded as Convention on the rights of a shaver- also cognise as CROC. CROC is a set of comprehensive rights given to sisterren under 18years of age. The Australian government ratified the conference in December 1 990 plainly only became binding in 1991- delayed by the extensive adjoin of ratifying the convention in each state of Australia. Therefore explains the one year gap between the years.A former US researcher from the Institute of mental health has given factual points that a piece brain does not finish developing until its late 20s. The researcher stated Its unjust to expect young wad to have a fully developed understanding of the law and treat them as adults, when their brains have not yet finish developing into adulthood stage. This researcher has demonstrated that a young person(s) dependency is still sustained with their former parent(s).Thus creating a barrier to give them full debt instrument as a young person and an evidential proof that shows why young bulk must be treated differently- having said young people are still dependent with their former parents shows the leave out of incentives to take on the legal system which is not indulged by parents, but its a upthrus t structural system of the Australian Constitution. A Constitution which is consistent with the law not inconsistent.Constructed within the composition is the Young offenders Act 1997, which states in article 55 sbe penalties imposed on a child for an offence should be no vaster than that is imposed on an adult. This act exit protect them from receiving the aforementioned(prenominal) punishment as adult. Its legally recognized in all court proceedings curiously the criminal justice system. But because it is legally recognized young people take the advantage and at times 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 curse Statistic and Research, 40% of the offenders re-offend within one year time. The Criminal Justice System has also seen that young people who offends have a particular characteristic s of a lifestyle which is distraught and abrupt, therefore affecting their behavior and guide them to counteract the law. The result is that the Criminal Justice System has provided with plans which enable them to attain reliable resources such as kids help line, young justice centers and community support programs.Another factor is the Human right and come to 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 unprotected children which has no voice in other speech no right that enable them to freely do what they want and need.This treaty gives children a voice to come up to but because only a few members on the United Nations ratified this convention- it is only a lenient l aw because of a state sovereignty, there are still unprotected children existence kept by 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 mainland China- where children are not entitled 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 hail stated through the early of numerous oddballs 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 treatment 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 people. Due to this case it has given many an(prenominal) 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 police officers as they have relocated their ply members in the Sydney CBD because of the many incident reports. The Governor General has suggested that young offenders should be sent to bush camps or else 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 offenders to rehabilitate. T his 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 run into 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 Canberra where the young offender are entrap into shame through wearing 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 peace 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 Queensland- but still evaluating the wef ts. 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 effectiveness towards the young people.On the other hand the Juvenile Justice Centre has constructed a program for youth drivers. Where alley safety gives young drivers rewards for driving 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 p eople/students are aware of the road safety and this has dropped from 45% to now 29% on concern 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 required by the government and communities. They have seen that the number of young offenders been locked up continue 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 weaponed to handle the responsibility and liabilities.