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Is name and shame the answer?
Source: www.northweststar.com.au
A PROPOSAL to “name and shame” juvenile criminals has been met with mixed reaction in the North West. Queensland’s Attorney General is calling on State Government to implement a “name and shame” policy for young offenders.
While the idea was supported by some Mount Isa victims of crime, others were not convinced it would be appropriate or effective.
Attorney General Jarrod Bleijie told Queensland media he would strengthen laws to publicly identify children in “not just serious matters but the minor matters as well”.
Mr Bleijie said kids should take responsibility for their actions.
Under current laws, children in court cannot be identified unless a judge decides their crimes should be made public.
“In circumstances where it is paramount or in the public interest for the child to maintain their anonymity, then they (judges) should do that,” Mr Bleijie said.
“But young kids should be named.”
He said he hoped to put a submission forward to government towards the end of the year.
Mount Isa BMX club president Tony Midgley said something needed to happen to reduce youth crime.
After the BMX premises were vandalised by young juveniles last October, a youth justice forum was set up over the incident.
“Some of these kids didn’t even turn up and the ones that did just sat there without talking.
“There was no remorse, no nothing.”
“There needs to be some accountability.”
BMX club members had spent a lot of time, money and effort restoring the clubhouse and grounds since October last year, he said.
“We’re still just getting back to where we were before the vandalism.”
Anything the Attorney General could do to bring some accountability to young offenders would be welcome, Mr Midgley said.
“Shame only works if the people have a set of standards that will make them feel shame.
“Something has to change.”
Mount Isa Bowls Club manager Colleen Murphy, whose premises was broken into in April, said naming and shaming was a good idea.
Scott Ramsbotham, 18, was sentenced to a six-month probation order in Mount Isa Magistrates Court on Monday.
The court heard Ramsbotham smashed the glass sliding door at the entrance to the club and stole four cans of Bundaberg and Cola out of the fridge.
Ms Murphy said this was the first time the club had been broken into in 16 months.
“It’s not as frequent as it used to be. Before I came here it happened quite regularly,” she said.
“It affects our stock sales and we had to pay for the replacement of the door, and if affects our insurance claim bonuses as well.”
Mount Isa resident Kelly Barnes, whose home was broken into in February, said naming and shaming “wasn’t the way to go”.
“I wouldn’t encourage it.
“I think people make mistakes and, regardless of what they’ve done, I think everyone has a right to keep their confidentiality.”
Ms Barnes said deterrence wasn’t “just about punishment”.
“It’s a much bigger picture and there’s a definite need for better support and services that we’re lacking here.”
The Queensland Law Society also slammed the name and shame proposal as a bad idea.
Society president Doctor John de Groot said there were “specific complexities” when dealing with children.
“Children need to be dealt with differently due to their vulnerability, dependence on their families and their continuing emotional, cognitive and physical development,” he said.
“When you consider they’re at this developmental stage, children need the opportunity to get back on the right track if they’ve committed an offence – naming and shaming throws up a major obstacle to this.”
Dr de Groot said naming and shaming child offenders reinforced community alienation and would deter future employers.
He urged government to refer the proposal to the Queensland Law Reform Commission.
As a victim of crime earlier this year, I read with interest the piece on ‘Naming and Shaming’ in Charters Towers E-Village News At the time of my car being stolen, after the thieves came into the house, took my bag, my keys and my car, plus other irreplaceable items, I asked the police if I could find out who did it if they were caught. I was told it would depend on their ages. Well he was caught and it turned out that not only was he under the age of 17, so classed as a juvenile, but he was also in prison for other crimes, and ‘No ‘I was not allowed to know his name. I asked if I could attend the court case. Again this was a ‘No’ as Juvenile cases have a closed court policy. ‘Could I please arrange to have a face to face with him to let him know how his thoughtless act affected my life? Was the next question. The answer to this one really stumped me ‘No not unless the criminal agrees to it’ It got me to thinking on how are they (the juvenile crime doers) ever supposed to understand the consequences to their actions, if there aren’t any. Name and Shame them, I thought at the time – put their faces out there so everyone can see and be wary of them – but was this the right thing to do? On reflection, it probably isn’t. Some of these children (as that is what they are) have not had the best example in life, while they have been growing up. Yes ‘everyone’ now- a-days – without exception in our western world – knows right from wrong – there is no excuse for thinking it is ok to take/vandalise or cause havoc on other people or property, but that does not mean that everyone has the guidance to actually follow this simple rule. I used to be at work at the Theatre and watch the young children wander around the streets throughout the day – some as young as 10 years old – getting into trouble – pinching stuff, breaking and entering (yes it happened at the theatre just about in front of our eyes they are so fast) and think – where are their parents – why are they not at school – and the simple, sad fact is that these particular children did not have anyone at home who cared enough – taking them home would not have helped them learn to live in society – and neither would naming and shaming them – this would have just enforced their belief that they were not worth anything so might as well continue on their spree. Now there are a lot of juvenile criminals who have a good solid (or as solid as one can be) home life – who have been taught right from wrong, who have parents who care, but they still go down this track. The difference with them is that they also know (usually) there are consequences and stand up to them when/if caught. The other group have no-one but their peers (who often egg them on) to look up to – so would naming and shaming really set a good example for them. Apart from the general community knowing who to keep an eye out for in their business’s or homes, naming and shaming could do more harm than good. These children need caring support and guidance (yes even after they took some very special stuff of mine, I believe this) Putting their names and photos up there for the world to see, will have (I think) two outcomes. 1. They will come to realise that, how they see the world – as a place that has let them down – is true so there is no point in changing or wanting to be a part of it; and 2. Their mates/co-criminals will talk them up to being a big shot as their name and photo was in the paper – maybe even vying with each other to get theirs up there too. The justice system as a whole needs to be upgraded – the punishment should fit the crime – putting these young people into a centre where they often have more than they do at home – as you can’t discriminate against them and they can’t be seen to go without, is not going to teach them any lessons. Make them face their victims, let the victims have a chance to be heard and to show the criminals how their actions have had consequences. Not a shouting, getting angry session, but a monitored, mediated session where the victim can speak. It is usually the victim who loses their voice in criminal acts; it seems the juvenile criminals have all the rights. This cannot be how it should be – there has to be a better way of dealing with this so the young people get the help they need and the victims do as well. When my car and other things were stolen – I had to do all the chasing to find out what was going on – it is taken out of our hands and once the report has been put in, no-one wants anything more to do with the victim,. This is not a down on the police by the way – as I have every respect for their assistance – it is a down on the rules of society for crime. I will end here in the hope that one day things will change for the better – there is such a lot of good stuff going on out in the world, like the RAoK things I have been hearing about in Charters Towers, that it is too sad to dwell on the not so good stuff that goes on – but I wanted to put my voice to this discussion and tell what I had to say from the other side of the table. Thank you for taking the time to read this Take care :-) Stella
Posted by Stella on July 21, 2012, 11:35 am