Extrajudicial Measure and Sanctions (spencer Hartmann)

Spencer Hartmann

Extrajudicial Measure and sanctions

        At the age of 12, after a hot summer day at school, you and your friends go to the corner store to get snacks, you don’t have money and you try to steal a small candy bar. After being caught, would you rather return the item (extrajudicial measure) or have it go on your criminal record. Lasting you the rest of your life, your criminal record is tainted with your young stupidity. This is one of many reasons for extrajudicial measures and sanctions. They are a very good and important aspect of society as it keeps young youth offenders criminal record clean, and a great opportunity for reform and a strong learning experience. These measures and sanction range from a simple apology to community service. One major program used mainly in the USA is the “scared straight program”. Known well for it’s Emmy award winning TV series “Beyond Scared Straight”, this program is known as an extrajudicial measure as it focuses not he reform of the youth offenders rather than direct punishment.

        These programs are a key step forward for society and especially for young people in the society. With a great opportunity for youth to learn from their mistakes these programs keep youth’s criminal record clean, and hopefully can reform them to become model youth in the society. Alternate measures involve the use of these actions: Returning the youths to their parents for punishment, warnings, formal police caution, referral to a community program (often school based), and referral to extrajudicial sanctions. Extrajudicial measure or used for more serious punishments for the youth criminals, but again does not create a criminal record. Types of extrajudicial sanctions can involve quick fixes, such as returning stolen goods, or fixing property damage (paint over spray paint, or fix broken windows). Also other programs include counselling, drug and alcohol treatment, special school programs, or community service order. These programs are crucial to society as they give these youth criminal delinquents an opportunity to learn from their mistakes and not have a immature decision affect the rest of their life. With these programs often looked at as a positive way to deal with youth criminals, there are negative aspects of these programs, youth can often “fake it till they make it”, referring to youth criminals attending these course, saying they “learned from there mistakes” and then return to society still as youth criminals. Some youth then take crime more lightly as they know when they are caught they may have an opportunity to just go in a program or apologize. Some youth are oppose to these programs, and they are given the option to say no to the programs, and if they have a valid defence, they can be tried in youth court.

        Based on the documentary “scared straight” written by Arnold Shapiro, the television series “beyond scared straight” was made. With the idea “scaring kids straight” by putting them into real prisons with real prisoners and guards, and experience first hand what prison is like. With many success stories, the scared straight program is designed to give these ‘serious’ youth offenders a taste of what their future could be, often times these youths are shocked by the poor living conditions, or even scared to tears by fellow prisoners, as they threaten and/or explain to them what will happen to them what will happen if they see them again in the prison (often involving threats of violence or sexual assault). In an episode from 2014, a youth offender “Andarius” is in the scared straight program, due to his charges of arson and gang affiliation. Andarius (13 years old) is convinced he is part of well known street gang the “bloods”, acting very tough, he constantly shows gang signs with hands towards guards while in the Georgia prison. The guards give him a taste of prison life by letting him meet a member of rival gang the “crips” who is locked up in maximum security. Andarius is thrown around, causing extreme fear, and bring the youth offender to tears. While some may believe this is very harsh treatment, it is very affective in scaring the criminal thoughts straight out of youth offenders minds. Many governments discourage the use of these programs due to dangerous risk. In rare cases mental disorders arise, such as Post traumatic stress disorder, causing youth to have flash backs or breakdowns due to screaming or touching. Another extreme risk to come from these programs is if the youth make it out of the prison untouched and not fazed by their experience, causing them to be more confident in their criminal minds and become even more dangerous in the streets. While the risk are dangerous the positives aspects trump them, as their are more success stories then unsuccessful stories during these programs.