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Essay / The Importance of Youth Diversion and the Current Conditions of Diversion Programs in Victoria youth has long been one of the hot topics among researchers in the criminological field (Crime Statistics Agency, 2017). Historically, children who came into contact with the criminal justice system were not treated differently from adult offenders. According to Carrington and Pereira (2009), in Australia until the beginning of the 20th century, young offenders were still subject to the same sanctions as adults. It is generally recognized that there are two possible approaches to combating juvenile delinquency: punitive treatment and the rehabilitative approach, which involves diverting young people from the justice system. And diversion strategies are the main aspect of the rehabilitation approach. The goal of diversion is to divert youth from the justice system so that they can avoid the stigma and negative consequences that accompany their contact with the system (Cunneen & White, 2002; Farrington, 1977). Say no to plagiarism. Get a tailor-made essay on 'Why violent video games should not be banned'?Get the original essayIn the Recorded Crime – Offenders 2016-17 report, young offenders are defined as people aged 10 to 17 (Australian Bureau of Statistics [ABS], 2018). During this period, 8,280 young offenders were recorded in Victoria, a 5% decrease on the 2015-16 figure (ABS, 2018). According to data released by the ABS (2018), theft was the most common primary offense in Victoria for young offenders, with acts intended to cause injury coming in second. Diverting youth from the criminal justice system is important for two main reasons: to provide a second chance for youth who come into contact with the justice system and to improve community safety by reducing the rate of youth recidivism. The third part covers the current conditions of the youth diversion system in Victoria and some recommendations to improve the current situation. The reasons why youth are diverted from the criminal justice system. One reason Australia and the international community are trying to divert young offenders from the criminal justice system. is that they are fundamentally different from adult offenders (Richards, 2011). Young offenders are at an important stage in the development of their personality, moral values, intellectual abilities and a fairly good understanding of the community around them and the world as a whole. As they are still developing their cognitive abilities, they can be easily influenced by the environment around them. Unable to distinguish right from wrong and lacking a good influence in their lives, children and young people can easily embark on a path of criminal behavior. Additionally, according to Wright and Kutcher (2013), young people are normally more emotional than adults due to their raging hormones. This could explain why some young people exhibit violent or uncontrollable behavior, which can sometimes escalate into criminal behavior. Additionally, it is generally accepted that adolescents are incapable of making decisions. This may be linked to their involvement in high-risk and often dangerous activities, reckless driving,drug and alcohol use and unprotected sex. It seems obvious that these young people like to take risks. And many studies have attempted to explain the link between adolescent psychology and risk-taking. Johnson and Malow-Lroff (2008) summarize some theories to explain this, such as attention seeking, rebellion, conscious decision. , immaturity and current orientation, and so on. This means that some young people are unable to recognize the potential risks or consequences of their behavior simply because they are immature or like to live in the present. So they either refuse to think about all the risks or intentionally take risks to rebel against authority figures, like parents and teachers. It is therefore not difficult to conclude that young people are poor decision-makers, which is one of the factors explaining the difference between young offenders and adults. The stigma that accompanies early contact with the criminal justice system can negatively impact young people's adult lives. Some researchers admit that stigma could impact their education and employment opportunities, sometimes even their later relationships. By keeping young offenders out of the criminal justice process, we can prevent them from being traumatized by lifelong stigma. They will then have the chance to have a second chance and will embark on a clean and fresh journey into their adult life. Furthermore, most juveniles will grow out of “crime” as they mature and adopt new lifestyles as responsible, law-abiding adults. On the other hand, once young people who commit criminal behavior are brought before the justice system, they will now be labeled as criminals. Labeling processes could lead to further deviance, in which case labeled individuals would recognize such identities and become one (Lemert, 1969). By diverting youth from the criminal justice system, such stigma and labeling can be avoided. Diversion is also an important way to protect these vulnerable children and youth while addressing the causes of their criminal behavior. Through diversion programs, young offenders can access appropriate support services, such as mental health services, education and training opportunities, which can help them build meaningful lives. Otherwise, these young offenders risk continuing their delinquent behavior and possibly committing a crime as adults. Additionally, by providing young people with delinquent behaviors with all the necessary support services they need, they could reconnect with their family, friends and community. In a way, this can help them combat their delinquent behavior. For example, if young offenders' criminal behavior is caused by mental health problems, it is beneficial to offer them counseling and therapeutic treatment to control their impulses and anger, which can reduce their rate of recidivism. All of the support services offered by diversion programs can help address youth's problems with drug and alcohol use, relocation, education and training. Therefore, compared with punitive punishment and incarnation, diversion is more effective in solving the problem of youth crime. And diversion programs keep our community safe by reducing the recidivism rate of young offenders at low cost. CrimeStatistics Agency (2017) found that young offenders who were cautioned had a lower rate of reoffending than those who were charged. And police caution is one of the means of diversion, which happens before young people appear in court. Additionally, according to Smart Justice (nd), diversion costs significantly less than committing young offenders to a juvenile justice facility. According to KPMG (2010), community diversion programs cost 10% less than youth justice facilities. This is another reason why we should divert young people from the criminal justice process. Victoria Police Warnings In Victoria, police can issue a formal warning to young people if they admit they have committed a crime. Various factors come into play when the police issue a warning, such as the seriousness of the crime, the circumstances of the victim and offender, the consequences of the offense and the history of warnings, if any. Although this will be recorded in police records, it will not affect criminal background checks on young people. Warnings can also take an informal form, which is not recorded, at the discretion of the police if the offense is minor (Jordan and Farrell, 2013). Since there is no legislation regarding police warnings, the entire process relies on the discretion of Victoria Police, which creates some problems. Diversion decisions are inconsistent. Overrepresentation of Indigenous youth in the criminal justice system as they are less likely to be diverted than non-Indigenous people. According to Richards (2009), Victoria is far less likely to divert young people from the criminal justice system than any other state and territory in Australia. Richards (2009) compared different states' trends in juvenile diversion between 2002 and 2007, which easily leads to the previously mentioned conclusion. These problems arise because the police serve as the primary gatekeepers of the diversion system. Without legislation to support and verify their decision, it is difficult for police to avoid bias in diversion decisions. And we cannot guarantee the fairness of the process when the decision of whether a youth will be diverted depends on the officer handling that case. My recommendation for improving police warnings would be an appropriate framework and legislation for the process so that police have basic principles and criteria to follow when making decisions to divert young people to services and programs other than the courts.Youth Justice Group ConferenceGroup conference is a restorative justice-based program that aims to help offenders become aware of the impact of their offending behavior on victims and the community and to negotiate possible modification plans. This happens at the pre-sentence stage, and not only the victim, the offender, his family members, but also community members and police informants attend this meeting. One of the objectives is to strengthen the links between the young offender, his family and the community. Through group conferences, young people are given the opportunity to better understand the consequences of their behavior and are encouraged to take responsibility for their actions. Additionally, by involving the victim, family members, police and community in the process, it improves people's confidence in the criminal justice system. One of the problems with group conferences is one of their eligibility requirements,know that they target young people who have pleaded guilty or who have been found guilty of minor offenses. If the group conference could take place before young people have their first contact with the court, it would be more effective in diverting young people from the criminal justice system (Parliament of Victoria, 2018). Another problem is that only the juvenile court can refer young people to the group conference program. This diversion option is not available to Victoria Police. In this way, certain young people who could have benefited from this diversion program are refused access. ROPES and Right StepROPES is a diversion program run by the police and the Children's Court, which primarily aims to educate young people about the impact of a criminal offence. save. And access to this program is reserved for young people without any prior contact with the court. The result of the success of this program is that the young offender does not need to appear in court. The problem with this significant diversion plan lies in its limitations in terms of duration and availability, since it is only a one-day activity and accessible only in Melbourne and a small number of regions (Jordan and Farrell, 2013). With sufficient funding, this program should be able to cover more educational activities and help more young people get rid of their criminal behavior. Compared to ROPES, Right Step is a more intensive diversion program, with eight weeks of counseling and support services. However, it has a similar availability issue as it largely operates in Moorabbin. According to the Youth Affairs Council of Victoria (nd), this program aims to address the underlying causes of delinquent behavior among young people. Once the investigation is successfully completed, the magistrate would decide whether the charges will be dismissed based on the case manager's report. However, this program relies heavily on philanthropic donations. If resources and funding can be allocated effectively, more young offenders could greatly benefit, allowing us to improve community safety. Another serious problem with the current diversion system is limited access to diversion programs in rural and remote areas. The Youth Affairs Council of Victoria (nd) has raised concerns that young people living in rural areas may be less likely to have the same access to necessary programs and services that address the causes of their offending behavior. If there is legislation for a statewide juvenile court diversion program and continued government funding for effective programs like Right Step, a considerable number of youth can be given a second chance and enter into adulthood without any criminal record. Conclusion Diversion is an important approach. whether the goals of youth justice are to be achieved. The primary goals of the Youth Justice Service are to divert youth from the criminal justice system where appropriate, reduce recidivism, provide youth with services and programs that address their offending behavior and help them re-engage. with the community, and improve public confidence. within the Youth Justice Service. Diversion programs can be of great help because they recognize the difference between young offenders and adult offenders, and the variety of diversion options provide young people with valuable lessons that challenge their behavior. (2009)., 24(3), 419-437.
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