Abstract
Over the last decade, the dramatic increase in the number of young people diverted from formal processing through the youth justice system in England and Wales, and the equally sharp drop in the rate of youth custody suggest that the neoliberal formula for the penal governance of young people who offend has been undergoing significant resha**. This article draws on research which interrogates the changes that are currently taking place, particularly the proliferation of “out of court” community-based measures of diversion and offense resolution, to develop a more fine-tuned conceptualization of the complexities of neoliberal youth penality. We base our findings principally on England and Wales, although it is likely that our analysis is applicable in other settings. With the extensive reduction in the capacity of the state to exert direct measures of institutional and community-based coercion, we seek to identify other, less overt processes that also aspire to maintain order and reproduce social relations favorable to the neoliberal project. In lieu of ending on a purely pessimistic note, we conclude with a brief outline of the potential for alternative, progressive strategies that seek to challenge rather than simply modify or incorporate previous modes of regulation and control.
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Notes
In England and Wales, “diversion” usually refers to an alternative to formal contact with the youth justice system.
“First-time entrants” are defined as children or young people (aged 10–17) for whom the recorded outcome in any given year was their first experience of either a “caution” (an informal warning from the police) or a conviction.
This refers to all Black, Asian, and Minority Ethnic (BAME) groups.
“Only 12% of YOTs said that they never undertook an assessment before the disposal was given” (Criminal Justice Joint Inspection 2017: 49).
The recent inspection found that most YOTs had developed their own simplified version of Asset Plus that was less onerous to use with low-level offenders (Criminal Justice Joint Inspection 2017: 37). Nevertheless, a similar way of thinking underlies all such tools.
This survey defined “prevention” both as “diversion from offending for those on the cusp” and “‘targeted’ diversion from the youth justice system for low-level offending.”.
This argument draws on the work of Hannah-Moffat and Maurutto (2012).
See Smith and Gray (2018) for a more elaborate discussion of the methodology. The data set used to analyze how the different models undertook diversion is drawn from this research.
The “positive youth justice” movement (see Haines and Case 2015) informs these teams.
Although it is once again rising, it is too early to surmise whether this is a stable trend (Bateman 2017).
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Gray, P., Smith, R. Governance Through Diversion in Neoliberal Times and the Possibilities for Transformative Social Justice. Crit Crim 27, 575–590 (2019). https://doi.org/10.1007/s10612-019-09475-3
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DOI: https://doi.org/10.1007/s10612-019-09475-3