Assessing Rehabilitation in Sentencing Youth Offenders
TITLE
Evaluate to what extent rehabilitation is the most effective aim when sentencing young offenders.
ESSAY
Title: The Effectiveness of Rehabilitation as an Aim in Sentencing Young Offenders
Evaluate to what extent rehabilitation is the most effective aim when sentencing young offenders
AO1: Knowledge and Understanding (out of 10 marks)
Rehabilitation is the main aim of sentencing for young offenders, as highlighted by the Criminal Justice Act 2003's emphasis on preventing offending by those under 18 and considering the welfare of the offender. The Youth Court ensures anonymity for young offenders and aims to protect them during the trial process. Sentences for young offenders are tailored to encourage reform rather than punishment, reflecting their immaturity and capacity for understanding. The focus is on avoiding unnecessary criminalization and integrating young offenders back into society through individualized sentencing approaches such as the youth rehabilitation order and custodial sentences as a last resort.
AO2: Analysis and Application (out of 6 marks)
Effective rehabilitation for young offenders is crucial in breaking the cycle of criminality and preventing recidivism. Sentencing guidelines and a diverse range of sentencing options aim to ensure fairness and effectiveness. Nonetheless, there must be a balance between rehabilitation and punishment to deter repeat offenses. Society's perception of fairness in sentences plays a role in maintaining confidence in the justice system, although competing principles can complicate sentencing decisions.
AO3: Evaluation (out of 9 marks)
The effectiveness of rehabilitation as a sentencing aim for young offenders hinges on various factors. Availability of resources, such as staff and facilities for community sentences, can impact the success of rehabilitation efforts. Lack of education and training may contribute to recidivism, especially when young offenders face pressure in their communities. Family instability and societal issues also challenge the effectiveness of rehabilitation. Additionally, the prevalence of violence in detention centers raises concerns about the feasibility of rehabilitation through custodial sentences. Some argue that lenient punishment undermines deterrence, while others emphasize the need for sufficient punitive measures to discourage reoffending.
Overall, the balance between rehabilitation and punishment, coupled with adequate resources and societal support, determines the effectiveness of the rehabilitation aim in sentencing young offenders.
SUBJECT
LAW
PAPER
A level and AS level
NOTES
๐Evaluate to what extent rehabilitation is the most effective aim when sentencing young offenders.๐
๐AO1 out of 10 marks๐
๐ฅ Rehabilitation is the main aim of sentencing for young offenders.
๐ฅ S142A Criminal Justice Act 2003 aims to prevent offending by those under 18 and considers the welfare of the offender.
๐ฅ A young offenderโs name is not usually published, their case is dealt with in the Youth Court, and the public not admitted to the trial in an effort to protect them. In very serious offenses, or if the young offender is tried with an adult, often in the Crown Court, but they are not usually named.
๐ฅ Any sentence should be individualized to try and reform the young offender; a punishment should be lower than that for an adult convicted of the same offense as the young offender is seen as less mature and less able to appreciate the impact of what they have done.
๐ฅ It is important to avoid criminalizing a young offender without good reason as the system encourages them to take responsibility for their actions and be integrated back into society.
๐ฅ A wide range of factors are taken into account to create a โbest fitโ sentence for a young offender.
๐ฅ The usual sentence for a young offender is a youth rehabilitation order, created by the Criminal Justice and Immigration Act 2008. Used for offenders under 18 and for a maximum of three years it can mix and match requirements to suit the offender, their situation, and the offense.
๐ฅ A custodial sentence is a last resort if the crime is so serious no other sentence is appropriate.
๐ฅ It may be necessary to remove a young offender from surroundings that make it more likely that they will commit a crime.
๐ฅ It is also important to put in place education and training so they have an alternative to criminality.
๐ฅ๐ฅ๐ฅ
๐AO2 out of 6 marks๐
๐Analysis:๐
๐ฅ Rehabilitation is the primary aim in an effort to prevent or break a cycle of criminality.
๐ฅ The use of sentencing guidelines and the wide range of sentences for young offenders should make sentencing fairer and more effective.
๐ฅ There still has to be a link to punishment so the young offender is deterred from repeating the same behavior.
๐ฅ Society needs to feel that young offenders are โnot getting away with itโ through sentences that do not reflect what they have done.
๐ฅ Many competing principles that it can make sentencing hard in terms of fair labeling and in striking the correct balance.
๐ฅ๐ฅ๐ฅ
๐AO3 out of 9 marks๐
๐Evaluation:๐
๐ฅ Effective rehabilitation for a young offender relies on a difficult balance of a sentence that has a deterrent effect but is also fair and proportionate to the offense committed, making it the most effective aim.
๐ฅ Most young offenders receive community sentences, so the effectiveness of rehabilitation depends on resources in terms of staff and facilities being available โ this is not always the case due to cutbacks, making it ineffective.
๐ฅ A lack of education and training may lead to criminality โ these issues are not fixed quickly, but many sentences are short to avoid stigmatizing young offenders, so little is achieved in the time available.
๐ฅ Staying in the community can make the temptation to reoffend higher โ this is especially true as young offenders may be less mature and not able to resist pressure from those around them, making the aim ineffective.
๐ฅ Many young offenders do not come from a stable family background โ this is a societal issue that is hard to address in the short term.
๐ฅ Some parents do not have the education, skills, support, or a culture of work, making criminality in their children more likely and the aim ineffective.
๐ฅ Small, and falling, numbers of young offenders receive custodial sentences, but serious levels of violence in youth detention centers do not create an atmosphere of rehabilitation and may increase criminality.
๐ฅ Some in society argue that young offenders are not punished enough, and there is no real incentive for them not to reoffend.