Care-Criminalisation: The Involvement of Children in out-of-home Care in the New South Wales Criminal Justice System - Law Assignment Help

Assignment Task

Purpose of Workbook
Summarise and evaluate research (i.e. evidence-base) on the correlates of offending and victimisation, to inform commentary on the youth justice system and the young people caught-up in it.

Abstract
This article discusses the involvement in the New South Wales criminal justice system of a cohort of children in out-of-home care. The paper reports the findings of a four-year research project that investigated the relationship between the child welfare and justice systems as experienced by a cohort of children in the New South Wales Children’s Court criminal jurisdiction. Analysis of 160 case files identified that children in out-of-home care appeared before the Children’s Court on criminal charges at disproportionate rates compared to children who were not in out-of-home care. The out-of-home care cohort had a different and negative experience of the justice system, entering it at a significantly younger age and being more likely to experience custodial remand, than children who had not been in out-of-home care. While both cohorts shared many of the risk factors common to young offenders appearing before the Children’s Court, the out-of-home care cohort experienced significant additional disadvantage within the care environment (‘care-criminalisation’), such that living arrangements designed to protect them from harm instead created the environment for offending. The paper concludes by arguing that a paucity of research exists regarding the drivers and dynamics of care-criminalisation and that more research is needed to explore the criminogenic impacts of a childhood spent in out-of-home care.

Conclusion
There is a need for a more sophisticated analysis of the OOHC population than is indicated by the cursory demographic information that is routinely published. An in-
depth understanding of the children in OOHC in Australia is lacking, largely due to the lack of disaggregated data that are collected and made publically available. To illustrate, statistics relating to the gender or ethnicity (other than Indigenous status) of the OOHC population are not readily accessible.

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