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ASS015-6 Youth justice current issues and critical perspectives

Assignment Brief

ASS015-6 Youth justice current issues and critical perspectives

The syllabus for the unit aims to equip students to:

  • Critically engage with advanced level debates in on a range of areas relevant to the treatment of children in trouble with the criminal law

  • Discuss and reflect on the relevance of different sorts of research evidence to youth justice policy and practice

  • Develop a theoretically informed understanding of the origins of youth justice systems, their history and current trajectory

  • Critically appraise current policy and practice in England and Wales, and other jurisdictions, in the light of that evidence

Core Learning Outcomes

On completion of this unit, students should be able to:

  1. Demonstrate a systematic knowledge and understanding of different models of service provision for children and young people who offend and the theoretical rationales associated with them. This will be assessed through assignment 1

  2. Interrogate critically the various rationales underpinning contemporary youth justice policy and practice in the light of the evidence base. This will be assessed through assignments 1 and 2.

Sample Answer

Current Issues and Critical Perspectives of Youth Justice

Introduction

The youth justice system in England and Wales represents one of the most contested and dynamic areas of criminal justice policy. It sits at the intersection of welfare, punishment, and rights-based principles, reflecting deep political and philosophical divisions over how society should respond to children who offend. This essay critically analyses contemporary youth justice in England and Wales, exploring the theoretical rationales underpinning different models of service provision and comparing them to international approaches. It argues that the system remains caught between punitive and welfare paradigms, with policy decisions often driven by political expediency rather than research evidence. The discussion concludes by calling for a renewed, evidence-led approach grounded in restorative justice and human rights principles.

Historical and Theoretical Foundations of Youth Justice

Modern youth justice in England and Wales has evolved from a long history of moral, legal, and social reform. The Children Act 1908 marked a turning point by recognising young offenders as distinct from adults, introducing juvenile courts, and promoting rehabilitation over punishment. However, the trajectory since then has reflected alternating emphasis on welfare and justice models depending on political and social climates (Muncie, 2014).

The welfare model views offending as a symptom of social and personal disadvantage. It emphasises care, rehabilitation, and social support, influenced by positivist criminology, which attributes crime to environmental and psychological factors rather than moral failure (Goldson and Muncie, 2018). By contrast, the justice model is rooted in classical criminology and prioritises accountability, deterrence, and proportionality. This model views children as rational agents who should bear responsibility for their actions.

From the late 1970s onwards, neoliberal political thought reshaped youth justice in England and Wales. Rising concerns about public safety and moral decline gave rise to a neo-correctionalist or punitive turn in the 1990s, culminating in the Crime and Disorder Act 1998. Although this legislation introduced the Youth Justice Board (YJB) and aimed to prevent youth offending, it also reinforced ideas of risk management and control, prioritising public protection over child welfare (Smith, 2019).

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