Ireland
The age of criminal
liability in Ireland is 14, for the majority of offences. Research based on
youth in conflict with the law in Ireland is scarce, and there have been calls
from various academics and the Irish Penal Reform Trust for comprehensive data
surrounding this area.[1]
A key aim for the National Youth Justice strategy is to publish an annual
report providing data and statistics on developments of youth justice.[2]
Therefore, the majority of statistics within this section are from this report.
1. Under
18:
a) Statistics on Crimes Committed:
In 2010, there were 32,632 offences committed
by juveniles. This is a significant reduction from the 38,022 crimes that were
committed in 2009. The types of crimes committed most were those concerning
public order offences, at 6,425.[3]
b)
Statistics on Sentencing:
The amount of defendants
appearing before the Children’s Court in 2010, were 3,221. In regards to sentencing, 1,359 (51%) were
acquitted/dismissed/withdrawn, 826 (31%) received community sanctions, 365)
were sentenced to detention at St Patrick’s Institution, and 107 (4%) returned
to Higher Court for trial.[4]
c) Statistics on Re-offending:
A report published by the Probation Service in
2007 looked at the rate of recidivism among those placed on probation or
community service orders. The report found that 181 individuals under 18 were
placed on probation, and 97 (53%) of these had re-offended.[5]
2. 18 to
21:
After an extensive search, the conclusion drawn
is that there are no available statistics referencing the arrests rates of this
age group. This is largely because the majority of studies conducted thus far,
have grouped together all adults over 18 or created an 18-25 demographic.
Therefore, determining the exact statistics for arrest rates, sentencing and
re-arrests occurring for 18-21 year olds is not possible.
Sweden
The age of criminal
liability in Sweden is 15 and a young offender is classified as anyone who has
reached the age of 15, but not yet reached the age of 21.[6]
This is a fundamental difference compared to Ireland, as in this jurisdiction
only those under 18 are considered youth offenders. For this reason it is
common for statistics on youth offending in Sweden to be grouped from ages
15-20. For the purposes of this section, it is not necessary to have an “under
18” and “under 21” section.
1. 21 and under:
a) Statistics on Crimes Committed:
In
2008, the most common offences committed by individuals between the ages of 15
and 20 are crimes of stealing (36%), crimes against person (28%), traffic
offences (18%), narcotic drugs crimes (17%) and crimes inflicting damages (12%).[7] In 2008, young people made up 25% of suspects
of crime, while only making up 10% of the population. This is a significant
over-representation.
b) Statistics on Custodial Sentences Imposed:
In 2008, the total number of sentenced persons
aged between 15 and 20 was 28,820, of whom 15,175 were between the ages of 15
and 17 and 13,645, between the ages of 18 and 20.[8] Generally, offenders under 18
do not serve custodial sentences. There are two alternative special sanctions
imposed, both are at fine and imprisonment level, and these are youth care and
youth service. The primary aim of these sanctions is not to punish the
offender, but is based on the best interests of the youth.
When an individual is sentenced to youth care,
they are handed over to social services. The aim of the social service is to
try and ensure the youth does not offend again by taking into account their
personal situation and needs. Often, this may be done by providing the youth
with a contact person, or placement in an institution. The second alternative
sanction, as mentioned above, is youth service. This requires the youth to
carry out unpaid work for 20-150 hours, under the supervision of the social
services. Generally these alternative sanctions are imposed on crimes of theft
or assault, and they require the consent of the youth.
In 2008, the total number of sentenced persons
between 15 and 20 was 28,820, of whom 15,175 were between 15 and 17 and 13,645 between
the ages of 18 and 20.[9]
In 1999 Sweden introduced closed youth
detention as an alternative to prison. The rationale behind this was to reduce
the debilitating effects serving a sentence in prison may have on a youth. In
2008, 93 persons were sentenced to closed youth detention and the most common
crimes were gross assault and gross robbery.[10]
c) Statistics on Recidivism:
38% of
15 to 17 year olds found guilty of criminal offences in 2003 had re-offended
within 3 years and 44% of 18 to 20 year olds.[11]
New
York City
New York has a
Juvenile Offender law that was implemented in 1980, due to public outrage at
light sentences being handed out for serious crimes such as homicide. The
result of this being that New York has one of the most harsh juvenile justice
systems in America. The approach taken towards youth offending is to try them
as adults, with the risk of serious crimes being given adult sentences and
these sentences then being carried out in adult prisons. This is a recent
development and was done to try and reduce crime rates among minors, however
the little research that has been done in this area shows that this has little
to no effect as a deterrent and may in fact be the reason why crime has
increased among youth offenders.
Every 16 year old is
now tried as an adult, no exceptions, even for first offenders charged with
low-level crimes. Children as young as 13 can be tried as adults and sentenced
to life imprisonment in adult prisons. If a child as young as 13 commits one of
the 17 serious offences listed in New York law, the case is sent to the
District Attorneys office who then decides, based on strength of evidence,
whether the child will be tried as a juvenile or as an adult.
It should be noted
that there has been little research conducted with reference to statistics
within this area, in particular crimes that youth offenders are most likely to
commit.
1. 15 and under (Juveniles)
a) Statistics on
crimes committed:
In New York City
there were 9,675 juvenile formal arrests in 2012.[12]
b) Statistics for
sentences:
Of the 9,675
juveniles arrested, 3808 were sentenced to detention and 9,460 were placed on
probation.[13]
c) Statistics for
recidivism:
The rate of re-arrest
for males within two years of release from voluntary agencies was 66% and 47%
for females.[14]
2. 16-20
Due to the fact that
16 year olds are now tried as adults, the same problem exists in New York as is
present in Ireland. That is, any research conducted groups this demographic
with the adult population and therefore, does not give an accurate
representation as to what the rate of crime is among 16 to 20 year olds.
Statistics for
recidivism:
Statistics
in this section were taken from the New York State Division of Criminal Justice
Services report on Juvenile Justice Annual Update 2010.[15]
The youth involved were released in 2007, and it should be noted that this
study only provides the re-arrest rates for males. Of the individuals convicted
of a felony at 16 and sentenced to jail or probation, 73.6% of them had been
re-arrested within 2 years and 91.4% within 10 years. At the age of 17,
rearrest rates after 2 years were 69.4% and after 10 years 88.9%. At the age of
18, rearrest rates were 67.5% after two years and 86.3% after 10 years.
Finally, the re-arrest rates for individuals that were 19 at the time of the
original arrest were 62.7% after two years and 84.7% after 10 years.
California
The age of criminal
liability in California is 14. The statistics used in this section are
primarily from 2005, therefore it is necessary to use the population from this
year, which was 33,132,147.[16]
In California a juvenile offender is classified as those under 18. Once an
individual reaches 18 they will be tried as an adult and therefore for this
reason statistics are not available to determine the rate of crime between 18-20
year olds. It should be noted that various academics have called for more
research within this area, especially regarding the major drop in crime rates
over the last ten years. To date, criminologists and sociologists have been
unable to explain what has led to the reduction in crime by youth offenders.
1.Under 18:
a) Statistics on
Crimes Committed
In 2005, 60,980
juveniles were arrested in California.[17]
Out of those that served custodial sentences, 63.8% had committed violent
crime. This should be contrasted with just 3% having committed drug related
offences.[18]
b) Statistics for
sentences
Between 1995 and
2005, California reduced the amount of offenders that were under 18 and
incarcerated, by 75%.[19]
This was done by imprisoning only the most violent offenders. In 2005, California had 2,962 imprisoned
juvenile offenders, compared to 1995, when there were 9,674 juveniles serving
custodial sentences.[20]
c) Statistics for
recidivism
The following
statistics were taken from The Juvenile Justice Outcome Evaluation Report.[21]
In 2010, 2,388 juveniles were released from the Division of Juvenile Justice,
and statistics show that 81% re-arrest rate after three years. Almost two
thirds of which were rearrested after one year.[22]
Grace Hogan
GCD FLAC
Bibliography
Ireland
<http://www.probation.ie/pws/websitepublishingdec09.nsf/AttachmentsByTitle/The+Probation+Service+Recidivism+Study+2007-2011/$FILE/The+Probation+Service+Recidivism+Study+2007-2011.pdf>
<http://www.iprt.ie/contents/1417>
Sweden
“Protecting the Best Interests of the Child: A Comparative Analysis of
the Youth Justice Systems in Ireland, England and Scotland” Raymond Aruther, International Journal of
Childrens Rights 18 217-231
New York
“Recidivism
Among Juvenile Offenders in New York City” New York City Criminal Justice
Agency (2007) <http://www.cjareports.org/reports/jorecid0407.pdf>
<http://www.criminaljustice.ny.gov/crimnet/ojsa/stats.htm>
California
<http://www.jdaihelpdesk.org/Research%20and%20Resources/Crime%20Rates%20and%20Youth%20Incarceration%20in%20Texas%20and%20California%20Compared.pdf>
<http://www.cdcr.ca.gov/Reports_Research/docs/Recidivism%20Report.FY0405.%20FINAL.DJJ.pdf>
[5]<http://www.probation.ie/pws/websitepublishingdec09.nsf/AttachmentsByTitle/The+Probation+Service+Recidivism+Study+2007-2011/$FILE/The+Probation+Service+Recidivism+Study+2007-2011.pdf>
[17]<http://www.jdaihelpdesk.org/Research%20and%20Resources/Crime%20Rates%20and%20Youth%20Incarceration%20in%20Texas%20and%20California%20Compared.pdf>
[19] ibid
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