DEVIANCE LAW

Deviance Law

Deviance Law

Introduction

Referring to the scenario Michael has offended for the first time. Considering his case in the light of the restorative justice theory that treats crime in the context of producing harm to the victim and offender within communities. Personal and social damage should be fixed according the restorative fairness (RJ) principles.

Thus such measures are mostly based on substantially focusing on the involvement of the offender in the said crime and the offender's community, that accomplishes an appropriate pattern and system of justice. RJ standards demonstrates particular actions exclusive to the theory. For example the use of community conclusion making in relation to, reparations to fix the damage to the casualty, casualty offender mediation, restitution and casualty impact statements. In addition to the children's act 2001. (J. Hine and A. Celnick 2001 Pp. 41)

The Police have a primary responsibility and powers to prosecute for Damage to property crimes. The localized administration may furthermore prosecute. Damage to property crime is criminal damage under the Criminal Damage Act 1971. If the value of criminal damage exceeds £5,000 the maximum penalty for those aged 18 or over is 10 years imprisonment, for those aged 12-17 year the maximum custodial penalty is a detention and training order of up to 24 months. (J. Goddard, 2003 : 329)

Where the impairment is less than £5,000 the greatest sentence is three months imprisonment or a fine of £2,500 for mature person offenders. The Criminal Damage Act 1971 is the preferred legislation for prosecution as it carries the heaviest penalty and is therefore the most effective. Once the offender has been apprehended there are several options available: 1) A Reprimand is a formal verbal warning given by a police officer to a young person who admits they are guilty of a minor first offence. 2) A last Warning is a prescribed verbal alert given by a policeman officer to a juvenile individual who admits their guilt for a first or second offence. Unlike a Reprimand although, the juvenile individual is also assessed to determine the determinants of their offending behaviour and a events of undertakings is recognised to address them. (A. Ashworth, 2003: 34)

Solution

In this case the idea of “the restorative justice programme is based on the interest of society as any child who has committed an offence and accepts responsibility for his or her criminal behaviour (Children Ac 2001) shall be considered for a place on the R.R.J.P. Children Act 2001. First-time or minor offences and/or anti-social behaviour can be dealt with outside the court system by a pre-court order which will see the offender either formally reprimanded or warned by a police officer. This will be recorded as a criminal record, and someone from the Youth Offending Team may be in contact for support or advice. Some young offenders, such as those from socially disadvantaged families, are more likely to be caught than others. In most cases young people when self-report their offending react in a way that once young people ...