Moral Foundations of the Youth Justice System

Raymond Arthur is Reader in Law at Northumbria University, UK, and the author of Young Offenders and the Law (Routledge, 2010). He has collaborated with researchers, practitioners, non-governmental organisations (NGOs) and charities to develop new approaches to responding to youth offending.

• 1. Introduction 2. The origins of childhood and the youth justice system2.1 Development of the concept of Childhood 2.2 Parens patriae 2.3 Statutory protection of childhood 2.4 Development of a separate youth criminal justice system 2.5 The decline of welfarism, re Gault and the rise of individual active citizens 2.6 Conclusions3. New Labour, new youth justice, new century 3.1 Age of criminal responsibility 3.2 Welfare of the child 3.3 Restorative justice 3.4 Punishing parents 3.5 Net widening 3.6 Custodial sanctions 3.7 Youth justice 2010-2015: coalition government and the Big Society 3.8 Conclusions 4. The impact of international law 4.1 Historical development of international law on children’s rights 4.2 United Nations Convention on the Rights of the Child 4.3 Protect the best interests of the child 4.4 Support families and involve communities 4.5 Age-appropriate treatment 4.6 Diversion 4.7 Child’s voice must be heard 4.8 Conditions in custody 4.9 Application of the United Nations Convention on the Rights of the Child 4.10 Conclusions 5. Young people who offend 5.1 Young offenders and their family life 5.2 Teenage Parents 5.3 Poverty 5.4 Experience of school 5.5 Mental Health 5.6 Addiction issues 5.7 Cognitive functioning and decision making 5.8 Children in care 5.9 Conclusions 6. Impact of criminalisation 6.1 Education and employment 6.2 Restorative justice 6.3 Custody 6.4 Conditions in custodial institutions 6.5 What works in preventing offenders re-offending 6.6 Public opinion 6.7 Conclusions 7. Young people, the youth court and the right to a fair trial7.1 Young people’s experiences 7.2 The European Convention on Human Rights 7.3 The Mental Health Act 1983 7.4 Stay of proceedings 7.5 Fitness to plead 7.6 Conclusions 8. The youth justice system and theories of punishment 8.1 Youth criminal law as retribution 8.2 Deterrence/Prevention 8.3 Public Censure/ Restorative justice 8.4 Conclusions9. Conclusions

'This text makes a valuable contribution to contemporary youth justice with its thoroughgoing analysis of a much neglected issue. Arthur offers an informed, insightful and welcome exposition of the moral foundations of responses to youth offending; one that supplements and extrapolates the existing literature.'Stephen Case, Professor of Criminology in the Department of Social Sciences, Loughborough University, UK