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Identify the political and social forces which led to the establishment of a separate system of juvenile justice in the UK in 1908?

Assignment Brief

Assessment task 1: (worth 40% of total marks)

Produce a literature review of between 1500 and 2000 words on any area / question within the field of youth justice studies. The topic area will be agreed on an individual basis with the tutor. It is the responsibility of the student to suggest a topic area and to confirm with the unit coordinator that it is acceptable.

The review should demonstrate an ability to:

Research the major relevant sources for the chosen topic area

  • Present an analysis of the principal findings of the literature in the chosen topic area
  • Critically interrogate the literature to demonstrate consistencies, tensions or contradictions
  • Provide an analysis of the gaps in the evidence base in relation to the chosen topic
  • Critically evaluate the literature to arrive at a reasoned conclusion as to how the evidence should be interpreted, indicating areas for further research if appropriate.

Assessment task 2 (worth 60% of total marks)

Assessment 2: Produce an essay of 2,500 words (plus or minus 10%) chosen from the list of titles below, focussed on conducting an analysis of contemporary or historical arrangements within a given jurisdiction and their implications for wider society.

Please note: The essay title chosen should be on a different topic to the literature review conducted for assignment 1

The deadline for submission of assignment 2 is Monday 20 May 2019 at 10.00am

Essay titles:

  • Identify the political and social forces which led to the establishment of a separate system of juvenile justice in the UK in 1908?
  • How should we best understand shifts from welfare to justice in England and Wales over the past 100 years?
  • What factors are relevant to determining the age of criminal responsibility? Discuss the relevance of such factors to England and Wales
  • Should we leave the kids alone as Edwin Schur suggests?
  • To what extent does what David Garland refers to as a ‘culture of control’ determine contemporary responses to youth crime?
  • To what extent and in what ways is netwidening a problem for youth justice systems?
  • ‘Responses to children in trouble are marked by a failure to take account of gender’ Discuss
  • If we control for age, social class, and income, education and housing there is no over-representation of black young people in the youth justice system. Discuss
  • To what extent is the level of custody determined by the level of youth crime?
  • In what ways would the youth justice system in England and Wales need to change to be consistent with a children’s rights based agenda?
  • Why do reoffending rates remain so high for children leaving custody? Does this imply resettlement is failing?
  • Is the number of first time entrants to the youth justice system a good indicator of youth crime? Discuss your answer with reference to recent trends and provide an overview of how such trends might be explained

Sample Answer

The Over-Representation of Black Young People in the Youth Justice System

Introduction

The over-representation of Black young people in the youth justice system (YJS) of England and Wales is a critical concern. Despite policy reforms and public attention, disparities in stop and search, arrests, sentencing, and custody rates persist. This literature review explores the key academic, policy, and statistical sources that address this issue. It evaluates the evidence for racial disproportionality, discusses contributing factors, identifies contradictions in the literature, and highlights gaps in research.

Key Findings in the Literature

Numerous reports have documented racial disparities in the youth justice system. The Lammy Review (2017), commissioned by the UK government, is one of the most cited sources on this issue. It revealed that although Black people make up just 3% of the population, they account for 12% of prisoners. Among children in youth custody, over 40% are from Black and minority ethnic (BAME) backgrounds, with Black children forming the largest group (Lammy, 2017).

The Youth Justice Board’s Annual Statistics (YJB, 2023) show that Black children are more likely to be arrested, remanded in custody, and sentenced to longer terms than their white peers. Research by the Centre for Crime and Justice Studies (Goldson, 2019) supports these findings, indicating that these patterns are consistent over time and not explained solely by socioeconomic status or crime rates.

Contributing Factors to Over-Representation

Several scholars argue that the over-representation of Black youth stems from systemic racism and discrimination embedded in policing and judicial processes (Williams & Clarke, 2016; Shiner et al., 2018). For instance, police stop-and-search practices disproportionately target Black youth, leading to higher arrest rates.

Additionally, mistrust between Black communities and criminal justice agencies has been identified as a factor that affects cooperation, access to fair representation, and sentencing outcomes (Joseph-Salisbury et al., 2021). Cultural bias, stereotyping, and risk-focused policies are also linked to harsher treatment of Black youth (Phillips & Bowling, 2017).

Some authors, such as Muncie (2006), argue that moral panics and media portrayals of young Black males as inherently criminal contribute to public fear and punitive responses. These narratives create a context where Black youth are more likely to be perceived as threatening and are dealt with more severely.

Contrasting Perspectives and Tensions in the Literature

While most literature acknowledges racial disparities, there is some debate regarding the extent to which these disparities can be attributed solely to race. Case and Haines (2015) argue that risk factors such as family breakdown, school exclusion, and poverty also play a central role in youth offending. They suggest that these factors, while disproportionately affecting Black youth due to wider social inequality, may blur the line between race-based and class-based explanations.

Another tension arises in the use of the term "BAME." Critics argue that it groups diverse communities under one label, potentially masking differences between, for example, Black Caribbean and Black African young people (Khan, 2020). Such aggregation limits the precision of interventions and obscures unique cultural or structural issues faced by specific communities.

Gaps in the Evidence Base

Although the Lammy Review and other government publications provide valuable statistical insights, there is limited longitudinal data tracing outcomes for Black youth post-custody or after engagement with diversion programmes. Additionally, there is a lack of in-depth qualitative research capturing the lived experiences of Black young offenders.

Furthermore, there is insufficient research evaluating the effectiveness of culturally responsive interventions. While some community-led initiatives show promise, few have been rigorously assessed or embedded into mainstream youth justice policy (YJB, 2021).

Critical Evaluation and Conclusion

The literature provides strong evidence of systemic racial disparities affecting Black youth in the criminal justice system. These disparities cannot be explained by offending behaviour alone and point towards structural and institutional bias. While some scholars highlight the role of broader socioeconomic disadvantage, this should not detract from the specific racial dynamics at play.

To better understand and address the over-representation of Black youth in the YJS, future research should:

  • Disaggregate data to reflect specific ethnic backgrounds rather than grouping all under BAME.

  • Include more qualitative studies focused on the voices of young Black people and their families.

  • Evaluate the long-term impact of interventions that are culturally tailored.

In conclusion, tackling racial disproportionality in the youth justice system requires both policy reform and cultural change. The existing literature lays a strong foundation for further inquiry but also reveals the need for more nuanced, intersectional, and community-informed research.

Continued...


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