Pre Charge Warnings Advantages And Disadvantages
290 Words2 Pages
Pre charge warnings
Merits
The biggest merit of the pre charge warnings (PCWs) is the lessened borden on the courts and justice system, this is due to the reduction of minor offences that proceed to court for prosecution, around 25% reduction. PCWs have also reduced the time spent for officers on minor offences with charging and then going to court over the prosecution. this is around 37,000 hours of police time freed to do other tasks, such as crime prevention. This means the officers can spend more time with frontline policing and crime prevention. The use of PCWs has also meant that for the minor offending, offenders aren't necessarily labeled as criminals in the revaluation report by a victim of shoplifting, “it was good
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(JUSTIA US Law, 2018) “A defendant’s juvenile court history may reveal a pattern of lawbreaking and response to previous rehabilitative efforts” (JUSTIA US Law, 2018, p.
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There are indication that most criminals have a juvenile records in the US, indicating that crime manifests from a tender age. Therefore, to reverse the incidence of crime, it follows that the best strategy is to reduce the criminal orientation in the juvenile offenders as opposed to hardening them and preparing them for criminal careers. The case of the Crossroads Juvenile Center demonstrates the willingness of the juvenile justice systems to make these changes on the children. References Day, S. (2014). Runaway Man: A Journey Back to Hope.
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Collier appears to have good intentions when she argues her case for changing the juvenile system; however, her argument seems to be limited to her own experiences and a handful of statistics to support her cause. Collier’s argument seems to balance on the belief that juvenile criminals will be deterred by harsher punishment, a notion that has been shown not to be true. When provided with the appropriate measures, juveniles have been shown to avoid recidivism at a rate that is significantly higher than juveniles sentenced through adult court. Collier is right when she argues for updating the juvenile justice system; however, her solution is far from correct when one considers the moral implications of sentencing, young, still developing minds
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Many people complain about how juveniles lack brain development and this should be an excuse. It makes others uncertain about trying them as adults since they lack decision-making and impulse control. Despite the lack of development, it’s ideal to recognize that for certain violent crimes, “there have to be consequences to actions” (Ford). Allowing juveniles to simply avoid adult punishment doesn’t help to promote public safety or give adolescents the responsibility they need in the future. But most people believe that juveniles still have room for rehabilitation and change.
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The CJSWR provides information on social work interventions and how these may impact upon offending behaviour. The CJSWR is a professional assessment and a registered social worker is accountable for the provision of CJSWRS and other reports sent to court which could have an impact on an individual’s liberty. Key features of the CJSWR include:- • The report should assist the sentencing process and provide information on risk of re-offending, risk of harm, offending related needs and suitable interventions. • Consideration should also be given to non-offending related needs, personal and social circumstances and the relationship with sentencing options.
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However, I would take this system as a positive way to help offender. An offender always needs to stay positive no matter what.
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On somewhat positive side, New generations are more implicated in minor offenses such as Cannabis possessions, Common Assault, Theft, and mischief. It also proclaims that young adults who were accused in 2014 were the ages of 18 to 24 years old. Important to realize, that the The highest rate of charge was for violence by 51% and second highest rate of charge was for property which came in by 38 %. In my opinion, when you take a look at The YCJA it clarifies that there is always a reason to why a child acts a certain way; wheter its from being abused to mental health problems; hence, the purpose of this act is to observe and understand the root of the
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According to the Ontario Policing Standard Manual, the mandatory charge policy procedures should provide that in all domestic violence occurrences an officer is to lay a charge where there are reasonable grounds to do so (Johnson, 1996). The policy emphasizes that a decision to lay charges should not be influenced by the factors such as marital status/cohabitation of the parties, previous records, unwillingness to cooperate, and the concern about reprisal against the victim by the suspect (MacLeod, 1995). Some of the assumptions of the mandatory charge provide that the arrest of abusers in all cases, irrespective of victim preferences and knowledge is considered to be essential for safety, and charging is seen as essential to enforcing
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A study done by Criminal justice inspection Northern Ireland found the rate of recidivism went down when young offenders were diverted into restorative justice furthermore study concludes that people were often quite pleased with the outcome of the restorative justice(Restorative Justice Council,
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Before the Progressive movement, child labor conditions were terrible and child crime rates were soaring. The Progressive movement, notably through the women, fought to end child labor and succeeded in getting new policies passed to protect children in the workplace. The Progressive movement also called attention to the issue of child crime rates. Source 3, a Harvard Law review on “The Juvenile Court”, comes to the defense of juvenile delinquents and argues for reforming over punishment, and focusing on turning them into worthy citizens rather than criminals. This led to changes taking place in the way juveniles were dealt with by the government.
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Children who have a chance of rehabilitation can learn from their mistakes and become better people for
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(1997). Regulating police discretion: An assessment of the impact of the NSW Young Offenders Act 1997. Criminal Law Journal, 28(2), pp.72-92. Retrieved from Westlaw. Code Of Conduct And Ethics (n.d.).
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Doing away with juvenile courts would “assure greater procedural regularity in the determination of guilt” and eliminate the immense amount of subjectivity involved (Feld). Although this may assist in assigning guilt among juvenile offenders in more serious crimes, it may be slightly extreme to try minors in criminal court for petty offences. Feld addresses the apparent problem of subjectivity and trying minors in criminal court would help diminish that bias, yet he only considers the application of more serious crimes that would have mandatory sentences of five years or more, not both the serious crimes and the approach to smaller-scale crimes. Although he remains somewhat blind to part of the overall argument, the information provided is well researched and knowledgeable. Feld himself is also highly
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An exploration of Mary Shelley’s Frankenstein through the gendered lens of the author’s role as a mother begets an intriguing exploration of the role of the birth and death of offspring in the novel. At its heart, Frankenstein is a family saga; an account of the disjointed relationship between a father and child that proves wicked due to abandonment and neglect, born out of Frankenstein’s fear of the monster’s deathly nature. As argued by Moer, Mary Shelley’s experiences constantly combining birth and death inform Frankenstein as a reflection on post-partum trauma and has further implications as to the destructive nature of Frankenstein’s subsequent fear of childbirth. In “Female Gothic: the Monster’s Mother,” Ellen Moers argues that Frankenstein,
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It is not surprising that the main focus of the CJA is on child offenders, as the legislation is primarily designed for them. As elsewhere, the outcome in child justice matters in South Africa is not contingent on securing the engagement or agreement of victims.[107] Victims are, however, expected to play a role in the process of reforming and reintegrating child offenders into society. Though the main objective in the CJA is the management of children at risk, victims are given opportunities to participate and by doing that they may simultaneously benefit in some way or another. For those who thus choose to participate in encounters with offenders or give impact statements during sentencing, there will more often than not be some therapeutic dimension in the
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