WDW101Y1 Lecture : WDW340 February 29 2012.docx
Document Summary
Non punitive incarceration by the state e. g. rehabilitation or incapacitation to protect public, or for own good. Three groups - children in hidden custody, intellectually handicapped who are incarcerated, mentally ill who are incarcerated. Can have civil rights infringed, detained against will, subject to other actions while being detained which seem to be/are punishment. Can be reasons beside criminality why youth justice can put young people into institutions based on a kind of list e. g. inappropriate sexual behaviour, drug use. Throwback to old youth justice system which focused on rehabilitation of youths. Staff explained custody in terms of need to hold children there while determining treatment. Once state incarcerates or parent pays to send child to institution, the institution is responsible for them and so must lock them up and keep them safe. Cases that proceed without youth court, under the radar, or children who are too young for youth court.