Race and Gender in Youth Crime
CRITICAL ANALYSIS: Gateway to the Youth Justice System
YOUTH JUSTICE
Recent and sustained reduction coming into contact with the youth justice system has been something experienced across all jurisdictions within the UK
In the year ending March 2018:
There were over 65,800 arrests of children (aged 10-17) by the police in England and Wales (excluding Lancashire)- decrease by 78% over the last ten years, with a decrease of 8% in the last year.
26,700 children and young people were cautioned or sentenced- fallen by 82% over the last ten years, with a 6% fall in the last year.
14,400 first time entrants to the YJS- fallen by 86% since the year ending March 2008, with a 14% fall since the year ending March 2017.
Subtopic
EVIDENCE TO THE CONTRARY
Arrests by Ethnicity
69% of arrests were of White children (decrease from 83% ten years previously)
Arrests of Black children accounted for 16% in the latest year (double the proportion of ten years ago)
Arrests of Asian and Mixed children made up 6% and 7% of the total respectively in the latest year
Cautions by Ethnicity
while remaining broadly stable for Asian and Other children. Like arrests, all ethnicity groups have seen decreases in the actual number of youth cautions issued over the course of the decade.
However, the reduction was lower for Black children which has led to an increase in the proportion of cautions Black children receive, from 6% to 11% over the last decade
FTE's by Ethnicity
14,400 first time entrants (FTEs) to the Youth Justice System (YJS)- falling by 86% since the year ending March 2008, with a 14% fall since the year ending March 2017 for all ethnicities (except for FTEs from an Other ethnic background which increased from the year ending March 2016 to 2017 before falling again in the most recent year).
While the number of FTEs from a Black background has decreased since the year ending March 2008, the proportion they comprise of all youth FTEs has doubled, from 8% to 16%.
The proportion of FTEs from an Asian background has increased from 4% to 7% over the same period, whereas FTEs from an Other ethnic background has remained stable, at 1%.
TREATMENT OF BAME ACROSS THE CJS
The Lammy Review (2017):
For every 100 young white males arrested in 2014 there were 135 arrests of BAME young males (disproportionality rate of 1.35),
while the differential rate of arrest as between white and BAME adult males was 1 to 1.75.
Critique
Bridges (2017) suggests the review:
“produces snapshots of marginal disproportionality at selected stages in the process and hence an episodic analysis of criminal justice, rather than looking at the overall system’s effect in producing differential outcomes for the various ethnic groups” (2017:80).
OPPORTUNITY FOR THEORETICAL ANALYSIS:
Intersectionality
Allows for an examining oppression at the intersections of 'ethnicity' and 'gender' at the homogeneous and heterogeneous
layers of oppression young people experiencing:
Racist Attitudes
Biased Practices
Cultural Barriers
Labelling Consequences
Ages and Class Discrimination
Impact of these layers of oppression young people experience:
Ethnicity:
Intra and inter-ethnic difference/similarities
Gender:
Intra and inter-gender difference/similarities
Age:
Intra and inter-generational difference/similarities
The Effects of Poverty and Prison on British Muslim Men Who Offend
Webster and Qasim (2018) examines the links between their social and economic relations and their prison experiences, desistance, and identity.
An intergenerational shift from the availability of local high-waged, skilled, and secure textile work to low-waged, precarious, service work presented them with a series of problems and opportunities,
This lead them to reject licit wage labour and embrace illicit entrepreneurial criminality.
social and economic relations drove criminal solutions, not ethnicity.
On the face of it, this may seem a surprising finding, given an often-argued link between experiences of social and economic marginalization, ethnic and religious discrimination, and the likelihood of criminal involvement. It is, rather, that although the research population reported being discriminated against as non-white Muslims, this was something they shared generally with law-abiding members of their ethnic group, and discrimination alone did not drive their criminality.
Hence the need for an 'Intersectional' approach.
CRITICAL EVALUATION: PROBLEMS WITH ETHNICITY AS A MEASURE
Heterogeneity
The use of the category ‘ethnicity’ obscures underlying differences between individuals.
As Gilroy (1993) suggests, ethnicity has become a euphemism for ‘race’
does not consider the fluidity of ethnicity/identity
does not account for internal homogeneity/heterogeneity
Intersections
No consideration of how the variables of ‘ethnicity’ and ‘gender’ intersect in the youth justice system specifically, or the criminal justice system generally.
Class/socio-economic status
Age
Culture/cusotms
Language
Abilities
Religion
Lack of an intersectional approach with Criminology
Parmar (2017)
An unwillingness to engage with race.
Lack of discussion around the racializing consequences of the CJS.
Disproportionate outcomes are reiterated without further discussion/analysis as to why?
CONCLUSION
POLICY LEVEL
Are the recent trends encouraging signs that the Government’s recent interventions are making a difference to youth crime?
Represent a clear manifestation of increased diversion from formal criminal justice responses and a reduced reliance on child incarceration consistent with the evidence base.
However, this reveals a racialised focus within current youth justice.
POLITICAL
What has remained high in this period is 'noise' about youth crime with high levels of public anxiety, media scrutiny and political debate.
It is hard to disentangle this noise and the legal activity generated by the system response from objexctive measures. Political deabte about youth crime has therefore created the problem it tries to address.
SOCIAL
Attention is still bring paid to the perceived problem of youth
This occurred in parallel with heightened public concern regarding knife crime and youth violence but only this time, the focus is specifically on BMAE young men as opposed to young people generally.
Wider factors such as the media, public opinion and political rhetoric, contribute to risk averse court, probation and parole decisions and hence play a role in unnecessary focus on BMAE young men.
DESCRIPTION
Reductions in those entering the YJS
Reductions in the rates of arrests, cautions and FTE's
This can be evidenced by the latest Youth Justice data
Rate of reduction has been higher for white ethnicity
Therefore, increasing the overall percentage and representation of BMAE in the YJS
Possible reasons for this over-representation?
Legacy of racialisation and criminalisation
Over-policing consisting of harassment and criminalisation of black youths (1980’s)
Rise in the criminalisation of Asian youth (1990’s)
Marginalisation by age, school climate, place and employment.
Methods of Collection of Criminal Statistics
the main sources of data consist of official and unofficial reports achieved through recorded and unrecorded crime
INTRODUCTION
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