Alternative (To) Punishment: Assessing Punishment Experiences in Youth Diversion Programmes

This study explores the penal character of diversion programmes through the subjective experiences of young drug-law offenders. Specifically, punishment experiences are investigated through qualitative interviews with 24 offenders who were arrested between the ages of 15 and 17. The diverted adolescents described four experiences of punishment attending the programmes: (1) deprivation of time; (2) deprivation of social bonds; (3) deprivation of dignity and (4) deprivation of self. These subjective experiences of punishment, which all reflect the supervisory character of alternative penal sanctioning, differed in severity across programmes, individuals and abstraction levels. Punishment is largely an unspoken aspect of diversionary practices, emphasizing the importance of a subjectivist approach to assessments of penal character.

Youthful Discretion: Police Selection Bias in Access to Pre-Charge Diversion Programs in Canada

The increase use of formal youth diversion programs in Canada coincided with the enactment of the Youth Criminal Justice Act in 2003. Following the tenets of the labeling theory, the statute sought a balance that would help limit formal court intervention to increase fairness and accountability for youth committing minor offenses. Despite the perceived benefits, diversion programs have not escaped criticism. Some researchers contend pre-charge diversion programs that are based on police discretion may suffer from selection bias. Using police data from a local police service ( N = 6,479 cases) in Ontario, Canada, this article conducts a bivariate analysis to explore the personal characteristics of first-time offending youth (gender, race, and area of residence) and attempts to determine whether there are any differences in the youth being charged or diverted for minor drug possession and minor thefts. Results demonstrate variances in charging practices based on race. Race has a small but statistically significant impact on arrest decisions. In general, Black youth are more likely to be charged and less likely to be cautioned than White youth and youth from other racial backgrounds. The implications of these findings are discussed.

Local Crime Prevention: ‘Breathing Life (Back) into Social Democratic and Penal Welfare Concerns’?

Fieldwork in the inner-Sydney postcode area of Glebe (New South Wales, Australia) sought to understand how local community workers conceptualise crime causation and the approaches adopted to prevent crime. Observation of more than 30 inter-agency meetings, 15 interviews and two focus groups with diverse local workers revealed that social-welfare or ‘root’ causes of crime were central to explanations of local crime. Numerous crime prevention measures in the area respond directly to these understandings of crime (a youth diversion program on Friday and Saturday evenings, an alternative education program, a police-youth exercise program, and so on). While other more surveillant forms of crime prevention were evident, the findings of this research suggest a significant social-welfare orientation to crime prevention. These findings echo Brown’s (2012) observations of the resilience of penal-welfarism in Australia.