دانلود رایگان مقاله انگلیسی اطلاعاتی در مورد دختران تحت نظر و سیستم عدالت کیفری - امرالد 2017

Abstract

Purpose – The purpose of this paper is to highlight the neglect of girls in care who come into conflict with the law, arguing that a gender-neutral approach in this area risks further marginalising an already vulnerable population. Design/methodology/approach – A critical review of the literature and current policy climate is undertaken to explore what is known about the experiences of females in the justice system, as well as knowledge gaps. Findings – Evidence on the prevalence and nature of offending by girls in care is limited. However, as looked after children, girls may be more likely to have their own behaviour unnecessarily criminalised. Whilst females and males share some prior experiences of victimisation and trauma, girls also have distinct needs and may be assessed and managed by state care and control systems in very different ways. Research limitations/implications – The paper is not based on primary research and does not present a systematic review of the literature. Practical implications – The need to listen to girls and young women, and a far greater recognition of backgrounds of trauma must underpin future policy and practice. Diversion from the formal criminal justice system wherever possible is also a key goal to aspire to. Originality/value – This paper focuses on the specific experiences of females. It calls for a gender-sensitive, trauma-informed approach to working with girls and women from the care system who come into conflict with the law, and questions the value of criminalising those whom the state previously deemed to be in need of welfare and support.

Conclusion: towards a trauma-informed approach

This paper has highlighted the lack of research on girls in the care and criminal justice systems, whilst noting that a gender-neutral approach to policy in this area further marginalises an already vulnerable population. Girls are particularly likely to have their welfare needs redefined as risks in a risk-dominated criminal justice system, which increases the likelihood of discrimination. Despite various knowledge gaps, there is evidence to suggest that, on one hand, they may be less likely to be perceived as genuine victims, yet as looked after children they are more likely to have their own behaviour unnecessarily criminalised. Given the evidence that does exist of past trauma experienced by many females in the care and criminal justice systems, this paper concludes by arguing that a trauma-informed approach (cf. Mendes et al., 2014) must underpin future work with them. However, such an approach must be developed through a gendered lens, in recognition of the fact that whilst females and males may share some similar experiences of trauma, girls may also have distinct needs, and may respond to services, and be assessed, managed and controlled by state care and control systems, in very different ways from boys. As a starting point, such an approach should be based on the following key principles.