The punitive transition in youth justice: reconstructing the child as offender

Abstract

The transition from ‘child’ to ‘offender’ status can be fasttracked when offending is formally recognised through formal disposal, with children treated increasing punitively as they progress through the Youth Justice System. The status and ‘offenderising’ transitions of children who offend is socio-historically contingent, not only on their behaviour, but on political, socio-economic, societal, systemic and demography. We support this perspective through a periodised re-examination of four socio-historical trajectories in the construction of the ‘youth offender’: conflict, ambivalence and bifurcation (1908-1979); depenalising diversion and back to justice (1980-1992), fast-tracking the child to offender transition (1993-2007) and tentative depenalisation (2008 to present).