'Cruel and Unusual Punishment': An Inter-Jurisdictional Study of the Criminalisation of Young People with Complex Support Needs

Baldry, E., Briggs, D.B., Goldson, B., Russell, S. (2017) 'Cruel and unusual punishment': an inter-jurisdictional study of the criminalisation of young people with complex support needs, Journal of Youth Studies, DOI: 10.1080/13676261.2017.1406072

Posted: 12 Jan 2018

See all articles by Eileen Baldry

Eileen Baldry

University of New South Wales (UNSW) - Faculty of Arts and Social Sciences

Damon Briggs

University of Roehampton

Barry Goldson

University of Liverpool - Department of Sociology, Social Policy and Criminology

Sophie Russell

University of New South Wales (UNSW) - School of Social Sciences

Date Written: November 21, 2017

Abstract

Although several criminologists and social scientists have drawn attention to the high rates of mental and cognitive disability amongst populations of young people embroiled in youth justice systems, less attention has been paid to the ways in which young people with disability are disproportionately exposed to processes of criminalisation and how the same processes serve to further disable them. In this paper, we aim to make a contribution towards filling this gap by drawing upon qualitative findings from the Comparative Youth Penality Project – an empirical interjurisdictional study of youth justice and penality in England and Wales and in four Australian states. We build on, integrate and extend theoretical perspectives from critical disability studies and from critical criminology to examine the presence of, and responses to, socio-economically disadvantaged young people with multiple disabilities (complex support needs) in youth justice systems in our selected jurisdictions. Four key findings emerge from our research pertaining to: (i) the criminalisation of disability and disadvantage; (ii) the management of children and young people with disabilities by youth justice agencies; (iii) the significance of early and holistic responses for children and young people with complex support needs; and (iv) the inadequate nature of community based support.

Keywords: Cognitive disabilities, comparative analysis, complex support needs, criminalisation, mental health disorders, youth justice

Suggested Citation

Baldry, Eileen and Briggs, Damon and Goldson, Barry and Russell, Sophie, 'Cruel and Unusual Punishment': An Inter-Jurisdictional Study of the Criminalisation of Young People with Complex Support Needs (November 21, 2017). Baldry, E., Briggs, D.B., Goldson, B., Russell, S. (2017) 'Cruel and unusual punishment': an inter-jurisdictional study of the criminalisation of young people with complex support needs, Journal of Youth Studies, DOI: 10.1080/13676261.2017.1406072, Available at SSRN: https://ssrn.com/abstract=3099212

Eileen Baldry

University of New South Wales (UNSW) - Faculty of Arts and Social Sciences ( email )

Sydney
Australia

Damon Briggs

University of Roehampton ( email )

Roehampton Lane
London, SW15 5PU
United Kingdom

Barry Goldson

University of Liverpool - Department of Sociology, Social Policy and Criminology ( email )

Bedford Street South
Liverpool, L69 7ZA
United Kingdom
+44 (0) 151 794 2977 (Phone)
+44 (0) 151 794 2997 (Fax)

HOME PAGE: http://www.liv.ac.uk/sspsw/staff/biogs/goldson.htm

Sophie Russell (Contact Author)

University of New South Wales (UNSW) - School of Social Sciences ( email )

Sydney, NSW 2052
Australia

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