Kilbrandon: Punitive approach to justice in Scotland.

Kilbrandon: Punitive approach to justice in Scotland. This essay will critically evaluate the Kilbrandon ethos and will examine the proposed integrative, welfare-orientated approach in the decision making concerning children and their welfare. It will also take into account the recent moves towards a more punitive approach and the response concerning this modification. The Kilbrandon Report was established in 1964 by Lord Kilbrandon. Kilbrandon reviewed the existing juvenile justice system and felt the need to implement a new innovative radical approach to help deal with the existing juvenile delinquency and school truanting in Scotland. By analysing the courts records of child offenders the aforementioned highlighted that the majority of those individuals came from unfortunate backgrounds and may possibly have experienced various situations within their young lives. (Lockyer, A. Stone, F.H. 1998) It is necessary to look at where the child centred approach arose from and what this meant for the criminal justice system as a whole. The 1908 Childrens Act (UK) was known as the first Childrens Charter in Scotland due to the impact it had and the concern it showed for childrens individual rights. As a result of this act the death sentence was abolished for children and imprisonment for children dealt with in a more acceptable manner. The separation of juvenile and adults courts was looked upon as the way forward by means of looking at childrens needs in a more specific manner, thus forming the basis of child protection. The idea behind child protection was to protect them from harm, neglect or cruelty however; this sometimes meant having to remove the child from the family home. Over the next few years there were various areas of progress which led to the evolvement of the Children and Young Persons (S) Act 1937. This act defined a child as being under the age of 14 and the crimina l responsibility age rose from seven years to eight years of age. The criminal age in Scotland has risen to 12 years of age 10 for the rest of the UK. A child aged between 14 and 17 was then known as a young person. The 1937 act saw the separation of children and young people and implemented different ways in dealing with various behaviours or offending. (Hothersall, S. 2005) The post war years saw a number of issues surface and prompted the government to take action in regards to their stance on dealing with the welfare of children and young people within society. In 1961 Lord Kilbrandon proposed to implement a new welfare based system which was produced in 1964 and which was included into legislation by 1968, this approach would take a holistic approach to those matters which caused the greatest concern of that of children and young people within society. The primary aim was to focus on children who were in need of help or care, persistent truants or beyond the control of their parents. His approach would examine how offending issues and how the lack of social education had played a vital role in juvenile offending and deviant behaviour. As a result of this the recommendation by the committee it was put forward which would form the basis of the Social Work Act 1968. Their main aim was to recognise and take responsibility for community welfare; in conjunction with this the childrens hearing system would take societys failures into consideration. (Action for children 2009) Kilbrandon based his approach upon needs not deeds and believed that those children who were brought before the justice system or who were in need of care warranted intervention and the prevention of criminalisation to avoid stigmatisation. His beliefs and principles were child centred and seen to be in the childs best interest. (Mcara, L. 2005) The main principle on which the ethos structure was based upon was by taking into regards any decision made in respects to the childrens welfare as it should be primarily based upon the best interests of the child and their overall needs. The system should not take into account what the child has done, past or present. The change to the system helped to define who was in need of compulsory measures of care regardless of whether they had been abused or had committed offences. (Muncie, J. Goldson, B. 2006) The welfare approach has the option to modify the approach in cases of serious offences. Each remedy is not always going to be the same as it is not possible due to the similar influences and demises in a childs life. The Kilbrandon philosophy unfortunately attracts high expectations and sometimes these expectations can be thwarted. Kilbrandons ethos is based on taking the childs needs into consideration and trying to work with families and agencies to give the child the care and support they need and to try and keep families together as much as possible, sometimes this option is not possible. By using the forward thinking approach in regards to preventative measures it allows the childs needs to be examined. So would introducing a more punitive system be the answer? Do children have to separate from their families to be rehabilitated and cared for? Helping with educational and behavioural problems would certainly be a challenge but would definitely help to build confidences and aid the principle of rehabilitation. Early intervention strategies could certainly prove useful in the prevention of further offending. (As cited in Croall, H. et al 2010) By introducing the new innovative system Scotland was fast becoming a country with a unique childrens hearing system in place. The childrens hearing system was put together from three carefully selected volunteer lay members and trained volunteers from all walks of life and with varying life experiences from the local community. (SCRA) The system furthermore involved the guidance of a trained individual, the Reporter who was required to give advice on procedures and legal issues concerning the hearing and oversee the overall hearing process. An important aspect when considering what decision has to be made comes from the understanding and the investigation of contributing factors leading to the childs or families problems. The panel has to consider each aspect just as important as the next and by listening to the viewpoints of others involved can help make the decision process marginally easier. As the members of the lay party are from the local community it allows their input on the decision to be taken into consideration in conjunction with the involvement of detached professionals, the childs family and the childs own rights. (SCRA) Although, Scotland has long been admired for its approach towards youth offending by working in conjunction with multi-agencies on a child centred approach its unique child welfare approach has at no time had its system reviewed. (Action for children, 2004). Times have changed and so has the challenges that children and young people face within society. Society has also seen a change in family circumstances which include divorce, single parent families, and alcohol and drug abuse problems. There are also the underlying factors to consider which may include child abuse, neglect, delinquency, truancy and poverty. As a consequence of this questions are arising as to whether the system Scotland has in place to deal with young offenders is still viable. In 2002 NCH Scotland carried out its own inquiry into Scotlands hearing system and the results were made available in 2004 for evaluation. The inquiry did however highlight the fact that the system itself was solid nevertheless; there were a number of recommendations put forward to help with certain weaknesses within the system. (Action for children, 2004). According to SACRO the childrens hearing system is not failing but they suggest however, due to the lack of resources available this is having an adverse effect on the effectiveness of the overall system. SACRO also believe that there should be a single system in place to take on a holistic overview of the issues involved instead on focusing primarily on a welfarist approach. By introducing a more effective element of restorative justice this may well assist in allowing the youth justice system to achieve this aspect of concern. (SACRO ) The perceived strengths of the Kilbrandon report includes various aspects which most individuals today would consider as expected however, there are those who may feel that the system is too soft and could be more punitive. The strengths of the report include: needs and deeds, a holistic approach, child centred and welfare focused, an informal hearing system, protection of children and young people, multi-agency working including the family where possible and dealing with care and protection issues of the children and young people. (Phillips, S. 2008) However, the report does highlight various weaknesses which include: the lack of resources available, the families lack of knowledge in relation to the system and the lack of the panels understanding of the families. Poorly trained panel members, some families not being included in the decision making, lack of social workers and also the formality of the system can be intimidating for the children and young people involved. One major concern is the fact that the system does not work successfully when it is dealing with school related issues including truanting and school refusal. An important issue that has an impact on the justice system is the financial backing as this has been said to have an adverse effect on the youth justice system. (Muncie, J. 2004) So what exactly is Justice? Justice is regarded as what has the best consequences. Created by the public and authorities it is enforceable rules and legislations, it is there to protect society by showing what is fair and what is wrong and the latter resulting in punishment. Justice itself is there to be enforced upon when groups or individuals need it to be. However, Justice for children can be looked upon as providing the opportunity of equality to help the child or young person improve their prospects in prospective safe and caring surroundings. (Goldson, B. 2008) An important issue that has become apparent over the years is the large increase of referrals in relation to care and protection cases compared to that of offending within the childrens hearing system. The NCH enquiry 2002 highlighted the need for the mainstream and preventative services to improve efficiencies and address the number of cases being sent to the childrens hearing system. (Action for children, 2004) When examining the alternative systems of dealing with young offenders in Scotland the NCH 2002 enquiry compared Scotlands system to that of England and Wales. Both of these countries are seen to have a more punitive approach when dealing with youth justice. The results indicated a higher number of young offenders detained within prison establishments, and a higher number of deterrents and confinement orders in place in relation to working towards rehabilitation in comparison with Scotland. The figures gathered indicated an overall increase of 800% of twelve to fourteen years over a ten year period due to the increase of sentences and imposition prison placed on these young people in England and Wales. However, the adverse effect of these figures is the fact that many of these young people may find themselves segregated from others, bullied or may be more likely to self-harm. The NCH looked at these figures not as a success towards offending behaviour as the recidivism rate in England and Wales was between 72/90%, but alternatively as unsuitable and an ineffective form of punitive punishment for children and young people. They believe that the more a child is punished by the justice system the more likely the chance of the child becoming further involved within the justice system itself and only adding to the likely hood of reoffending in the future. (Action for children, 2004) Implementing a more punitive approach within Scotlands youth justice system would also prove to be costly as the figures indicated that in 2002 England and Wales spent in the region of  £207 million on custodial sentences compared to that of their community based community rehabilitation programmes which cost  £76 million. The cost itself made the copying of their punitive approach an undesirable option for Scotland. (Action for children, 2004) The NCHs report in 2002 recommended that the Childrens hearing system continue to reach its full potential and by continuing to use its holistic and understanding approach when dealing with children and young people it would no doubt be more effective than introducing a more punitive approach. (Action for children, 2004) What has become clearer over the years is the matter of dealing with young people aged between 16 and 17 years of age. In 2004 Scotland introduced two pilot youth courts one in Hamilton and one in Airdrie. Their main aim was to tackle youth crime in a more effective and severe manner. The objectives included social inclusion, reduction of the offending frequency of 16 and 17 year olds and the seriousness of their crimes. A fast track procedure was put in place for those individuals appearing before the youth court. By testing the existing legislation the courts would be able to demonstrate their effectiveness and whether deemed appropriate when dealing with young offenders. Overall the prospect of youth courts looked at enhancing safety within the community and dealing with those involved in persistent offending within high crime areas. (The Scottish Government, 2006) An evaluation between June 2003 and December 2004 of Hamilton youth court recorded a total of 611 cases 402 of those cases involved young people. Airdrie youth court was evaluated between June 2004 and December 2005 and a total of 543 cases were recorded of which 341 involved young people. Those involved were aged between 16 and 17 years of age and were primarily male who were prosecuted on single occasions. (The Scottish Government, 2006) Most of those who appeared before the youth courts had low attainment levels and many admitted to drink or drug misuse. Cases brought before the youth courts included assault, possession of drugs, carrying of offensive weapons or most commonly breach of the peace. Most of the young people who appeared before the youth court were granted bail or ordained to appear before the court. Sentencing of young people included the use of electronic monitoring (tagging) as a condition of their bail release or they may have incurred a police monitored curfew. (The Scottish Government, 2006) The overall analysis of the youth court pilot scheme in Airdrie indicated that the use of community based social work disposals dropped and the execution of prison sentences rose. However, in Hamilton there was not a noticeable difference in the use of disposals highlighting the fact that community service and detention issues were better served within the youth court rather than the Sherriff court. Through the introduction of these youth courts they have proved a success when dealing with young people and they are receiving a wider range of resources and services. Nevertheless, the report has suggested that there is a need for further clarity to determine who exactly the youth courts are for. (The Scottish Government, 2006) According to Barnett 1977 the main objective in dealing with offenders should not be to punish, not even to re-educate but to repair or to compensate for the harm caused by the offence (as cited in Lockyer, A Stone, F.H 1998, p248) Believers in restorative justice consider this type of scheme useful when dealing with young offenders. By focusing on the damage the crime has caused an individual or a community it could work towards resolving and restoring the damage caused. The main aim of restorative justice is to primarily concentrate on the victim and not the offender although measures will be incorporated to aid the integration the offender back into the community. However, merging the Kilbrandon philosophy and restorative justice measures for some may raise concerns. (Lockyer, A Stone, F.H 1998) The Kilbrandon Ethos is humane and provides a caring and understanding system for those children and young people involved in it. The fact that the system helps to support the child and rehabilitate when necessary enforces the child centred approach and by comparing the system to that of the one in England and Wales can only highlight the differences in relation to recidivism. The system needs to have the funding in place to help improve the service it offers at present. By providing the family with a proper understanding of the hearing system would allow the involvement with decision making. Overall the Kilbrandon approach deems to be more effective than imposing punitive measures. By further educating and improving communication within the various agencies would help improve the decisions made and the number of cases put before the system. What also has to be addressed is the vulnerable age group of those aged 16 and 17 years. They are not seen as children or adults and so the syst em needs to take into consideration the needs of this age group and deal with the young people in an effective and efficient manner.

The Fatal Grudge :: essays research papers fc

â€Å"For I have decided to send Ad Patres[Spanish for â€Å"to the fathers†] the feminists who have ruined my life.† -Marc Lepine, suicide note. It was the early evening of December 6, 1989; just nineteen day’s before Christmas. The students of Montreal’s Ecole Polytechnique were just finishing their classes when a stranger walked into the engineering building. Like a sadistic Santa he carried a Sturm Ruger Mini-14 automatic rifle, knives and bandoleers of ammunition. The stranger was Marc Lepine. At the end of the day he would be dead along with 14 women; leaving a suicide note blaming feminists for his actions. Marc Lepine’s brutal actions are a shocking reality check of the growing number of savage acts done by men towards women. There has always been a difference between men and women and how both treat each other. You could say the two genders secretly hold a grudge against one another. This grudge will on occasion surface and cause conflict between the two; either in a peaceful matter or violent outburst. What causes this resentment? In the women’s case many feel they do not have the same privileges that men have. On the other hand, some men say that women are now stealing the privileges which were hard enough to attain while competing with their own gender. Stevie Cameron also recognises this and states â€Å"Sharing power is not easy for anyone and men do not find it easy to share among themselves, much less with a group of equally talented, able women.† (2) This tension is then the hotbed from which these acts of violence must originate from. Women are considered by most men to be less physically inclined. Is this true? In the past men have always been the symbols of strength and fortitude, while the women represented the more gentler and timid qualities. This unfair outlook is alive and well in today’s day and age. Although it’s not nearly supported as strongly as it once was it still sits in our subconscious, dictating our actions as a society. For instance, if you took a 18 year old boy and a 18 year old girl, they have a very different set of rules to follow. These rules are set by their parents who make them based on the previous presumptions. So the girl will find it unfair that the boy, who is considered her equal, can go where he wants, when he wants.

Rick Brag: Essay

True Southern pride is a great way to describe a man like Richard Bragg. He has all the Southern charms and outlooks on life. Richard Bragg writes emotionally-moving literature that changes the lives of everyday people. Richard Bragg’s writing generally deals with the lower class Americans. This is a reflection of his life, for he grew up as a lower class American during the Civil Rights Era. Born in rural Alabama on July 26, 1959, he was the first of his family to graduate from high school. Richard Bragg is still alive today and is currently a professor at Alabama University (Kingsbury).Richard Bragg is known as one of the best southern story tellers of his time. Many wonder how he developed this ability, and when asked he said, â€Å"Well, I come from a long line of liars and story tellers. † (â€Å"Rick† 2) Richard Bragg credits his way of telling a story to his father, grandfather, and all the drunks that he liked to hang out with. (â€Å"Author†) Brag g would sat on his front porch for hours and listened to these men speak. Although he listened to all these drunks tell of drama, comedy, and tragedy, Bragg tends to have a more feminine way of writing.He got this from his mother and sisters who â€Å"tell gentler stories about babies born, funerals that were ‘beautiful,’ and the nicer, sadder, sweeter side of growing up in rural Alabama in the 1960s and 1970s. † (â€Å"Rick† 3) Richard Bragg generally writes about the lower class American. He grew up as a lower class citizen. He likes to reach out to these people and make people aware of poverty all over the world. In his story All Over but the Shoutin’, and in this book he shows the darker side of poverty and his life(Abbe). This book gives the inside look of what it was like growing up in poverty during the 60s and 70s.Richard Bragg’s home life was not one of a loving family. His father left frequently all through his life, and officially left when Bragg was just 10. He did have a caring mother who did everything for her family. She worked in the cotton fields with â€Å"poor blacks and white trash who had no other skills and no other possibilities. † (â€Å"Rick† 3) Brag latter paid tribute to her through his book All Over but the Shoutin’. Richard Bragg grew up during the Civil Rights period. Bragg’s father once moved his family to a white house in Anniston, Alabama, that was once the ain house on a plantation. Bragg had never seen a black person really until he moved there. All the black people lived about a mile up the road. At first they threw rocks at each other. It was an onward battle until one day they got curious and started asking each other question about how different both races were â€Å"but it seems now that our innocent questions about our differences were kind of nice, kind of sweet. † (â€Å"Rick† 7) Richard Bragg is still writing today. He writes from his little office at the University of Alabama. Who knows what he will write about next?One thing is for sure we all know that it will make an emotional impact and that it will change how people view certain topics. Works Citied Page Abbe, Elfrieda. â€Å"Rick Bragg on the art of storytelling. † 115. 12 n. page. Web. 28 Sep. 2012. â€Å"Author Information: Rick Bragg. † This Goodly Land . (Apr 30, 2009): n. page. Web. 28 Sep. 2012. Etlinger, Marion. â€Å"Rick Bragg Biography. † Book Browse. 01 08 2010: n. page. Web. 28 Sep. 2012. Kingsbury, Pam. â€Å"Rick Bragg Biography. † Encyclopedia of Alabama. Alabama: 2008. Web. 28 Sep 2012. â€Å"Rick Bragg Biography. † UFDC Images n. pag. Alabama Virtual Library. Web. 28 Sep 2012.

Slavery in the 1840s Essay - 746 Words

Slavery was always a controversial issue in America. Many people saw slavery as an essential part of life in every aspect, while others saw it as immoral and an injustice to humanity. In the 1840s when Manifest Destiny started to thrive, things began to heat up. New territories meant a possibility for a new slave or free state in America. Because the new territories were allowed the right of popular sovereignty to determine whether they would have slaves or not, abolitionists and non-abolitionists were at a constant battle to gain a new state. Abolitionists wanted slavery diminished in America all together. They gave several arguments to prove their point on why slavery should be abolished. Firstly they stated that slavery was†¦show more content†¦While Abolitionists argued their points, Pro-slavery groups gave very good rebuttals. Economically they argued that the end to slavery would kill the economy in the south. Without slaves in the fields collecting and caring for the produce, everything would collapse. Cotton, tobacco, and rice would all fail in the economy and the south would be in economic ruin. Another point pro-slavery people argued was what would happen if slaves were to be let free. They stated that if they were freed, unemployment would rise and there would be an abundance of chaos. All of this would lead to uprisings and bloodshed. Yet another argument that the defenders of slavery used was influenced with history. They claimed that slavery had been a part of history for so long and had become a natural state of mankind. History showed that Greeks, Romans, and English (until recently) had slaves and as such it was a part of human nature. Pro-slavery groups, like Abolitionists, also used religion and the bible as an argument. According to the bible Abraham had slaves, Paul returned a run-away slave in the New Testament, and Jesus never spoke out about slavery though it was widespread. Also non-Abolitionists argued that slaves were better cared for compared to factory workers in the North and the poor people of Europe. They indicated that slave owners would protect and help their slaves when they became sick or aged, unlike others who were left helplessly to fend forShow MoreRelatedâ€Å"Slavery Was the Dominating Reality in Southern Life.†Ã‚   Assess the Validity of This Generalization for Two of the Following Aspects of Southern Life from About 1840-1860:   Political, Social, Economic, and Intellectual Life.889 Words   |  4 Pagesperiod of 1840 and 1860, slavery played an influential and pivotal role in the development of a new southern lifestyle. In the struggle for dominance in America, slavery was the South’s stronghold and the underlying cause in much of their motives for many of the economic instigations along with the affirmative political actions. By dominating the everyday southerner’s life, slavery also dominated the economic and political aspects of life during the height of the slavery period. By the 1840’s the SouthernRead MoreEssay on Slavery Is The South682 Words   |  3 Pages Slavery is the South Essay #3 Slavery played a dominating and critical role in much of Southern life. In the struggle for control in America, slavery was the South’s stronghold and the hidden motive behind many political actions and economic statistics. By dominating Southern life, slavery also dominated the economic and political aspects of life in the South from 1840 to 1860. By the 1840’s and 50’s the Southern economy had almost completely become slave and cash crop agriculture based. WithoutRead MoreThe Abolition Movement1079 Words   |  4 Pagesof racial segregation and discrimination. Their idea of these goals distinguished abolitionists from the broad-based political opposition to slavery’s westward expansion that started in the North after 1840 and raised issues leading to the Civil War. Yet, these two expressions of hostility to slavery were often closely related not only in their beliefs and their interaction but also in the minds of southern s laveholders who finally came to consider the North as united against them in favor of blackRead More Slavery Essay915 Words   |  4 PagesSlavery Slavery is a social institution defined by law and custom as the most absolute involuntary form of human servitude. England entered the slave trade in the latter half of the 16th century. In 1713 the exclusive right to supply the Spanish colonies was granted to the British South Sea Company. The English based their trading in the North America. In North America the first African slaves landed at Jamestown, Virginia, in 1619. Brought by early English privateers, they were subjected toRead More Abolition Essay870 Words   |  4 Pageseradicate slavery using a wide range of tactics and organizations. The antislavery movement mobilized many African Americans and some whites who sought to end the institution of slavery. Although both black and white abolitionists often worked together, the relationship between them was intricate. The struggle for black abolitionists was much more personal because they wanted to end slavery and also wanted to gain equal rights for blacks. However, many w hite abolitionists only sought to end slavery andRead MoreThe Fundamental Diffferences Between the Black Abolitionists and the White Abolitionists Movements1592 Words   |  7 PagesAbolitionists and the White Abolitionists Movements Black and white abolitionists shared common assumptions about the evil of slavery, the virtue of moral reform, and the certainty of human progress(1). Schor, Garnet,1877, Lanngston, 1989). This shared understanding provided the basic for the interracial solidarity and cooperation so vital in the crusade against slavery(2). (Schor and Garnet, 1877). But blacks also brought a distinct perspective to the antislavery movement. Their abolitionismRead MoreManifest Design, By Thomas R. Hietala1128 Words   |  5 Pagesfurthermore what to do with it once it becomes a state. Thomas R. Hietala’s, Manifest Design, is set in the 1840s, explaining America’s idea of Manifest Destiny and how that effected American commerce, territory, policy and etc. Though America struggled with gaining territory in the west Hietala’s arguments mainly focus on the debate to annex Texas. Expanding U.S. territories during the 1840s was driven by Americas desire not only to acquire more land but also for ports, markets and more secure boundariesRead MoreThe Fundamental Diffferences Between The Black Abolitionists And The White Abolitionists Movements1547 Words   |  7 PagesAbolitionists and the White Abolitionists Movements Black and white abolitionists shared common assumptions about the evil of slavery, the virtue of moral reform, and the certainty of human progress(1). Schor, Garnet,1877, Lanngston, 1989). This shared understanding provided the basic for the interracial solidarity and cooperation so vital in the crusade against slavery(2). (Schor and Garnet, 1877). But blacks also brought a distinct perspective to the antislavery movement. Their abolitionismRead MoreThe Science Behind Race1185 Words   |  5 PagesProlonged and Profited from Slavery the authors delve into the complexity and the dependency of the American economy on the free labor system pre and post Civil War. Providing compelling evidence of the North’s involvement in slavery well beyond the Southern cotton industry. In addition, Complicity provides the narrative of how the concept of â€Å"race† evolved in America. Slavery and racism are interwoven throughout U.S. history however they are distinctly different slav ery was a labor system whereasRead MoreThe Evolution of American Democracy1440 Words   |  6 Pagescitizenship applied exclusively to white men. In the midÂâ€"19th century, these men went to the polls in record numbers. The election of 1828 attracted 1.2 million voters; that number jumped to 1.5 million in 1836 and to 2.4 million in 1840. Turnout of eligible voters by 1840 was well over 60 percentÂâ€"higher than it had ever been, and much higher than it is now. (Remini, 1998) At the same time, however, popular political activity other than voting declined. Judging by available evidence, state and national