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Section II Part B — Answer Question 24 Discuss how the criminal justice system treats young offenders and consider the implications for achieving justice - HSC - SSCE Legal Studies - Question 24 - 2016 - Paper 1
Question 24
Section II Part B — Answer Question 24 Discuss how the criminal justice system treats young offenders and consider the implications for achieving justice. In your ... show full transcript
Worked Solution & Example Answer:Section II Part B — Answer Question 24 Discuss how the criminal justice system treats young offenders and consider the implications for achieving justice - HSC - SSCE Legal Studies - Question 24 - 2016 - Paper 1
Step 1
Discuss how the criminal justice system treats young offenders
Answer
The criminal justice system treats young offenders with various protective measures aimed at rehabilitation rather than punishment. This treatment recognizes the developmental differences between young people and adults, often resulting in lesser penalties and a focus on corrective interventions. For instance, legislation such as the Juvenile Justice Act emphasizes diversion programs and community-based alternatives to detention, recognizing that young offenders can be effectively managed through education and support.
Step 2
Consider the implications for achieving justice
Answer
Achieving justice in the context of young offenders requires a balanced approach that considers both accountability and rehabilitation. While it is crucial to hold young offenders responsible for their actions, it is equally important to offer them opportunities for reform. This is evident in restorative justice practices, where the focus is on repairing harm and achieving reconciliation with victims. The success of these measures is reflected in lower recidivism rates when young offenders are treated with understanding and provided with supportive resources.
Step 3
Refer to relevant legislation, cases, media, and international instruments
Answer
Relevant legislation, such as the Convention on the Rights of the Child (CRC), outlines the necessity of protecting children's rights within the justice system. High-profile cases and media representations often highlight the disparities in treatment based on socioeconomic status, prompting discussions about systemic changes. International instruments, like the Beijing Rules for the Administration of Juvenile Justice, further guide how young offenders should be treated, emphasizing education and rehabilitation as priorities.