Based on findings from the Edinburgh Study of Youth Transitions and Crime, this article challenges the evidence-base which policy-makers have drawn on to justify the evolving models of youth justice across the UK (both in Scotland and England/Wales). It argues that to deliver justice, systems need to address four key facts about youth crime: serious offending is linked to a broad range of vulnerabilities and social adversity; early identification of at-risk children is not an exact science and runs the risk of labelling and stigmatizing; pathways out of offending are facilitated or impeded by critical moments in the early teenage years, in particular school exclusion; and diversionary strategies facilitate the desistance process. The article concludes that the Scottish system should be better placed than most other western systems to deliver justice for children (due to its founding commitment to decriminalization and destigmatization). However, as currently implemented, it appears to be failing many young people.

This survey of Scotland reviews: core Scottish criminal justice institutions; statistical trends in crime and punishment over the past 40 years; the history and politics of Scottish criminal justice; and the emergence of a distinctively Scottish criminology. In particular, it highlights the cross-cutting modalities of power and identity that have shaped both institutional and policy development and made strong linkages between knowledge and politics.

Using a systems analytical framework, this article explains how and why the Scottish penal system has followed a different trajectory to a number of its European and US counterparts. It highlights the manner in which penal-welfare values have continued to dominate all aspects of policy and practice in the face of the social and cultural factors that have been identified as prompting significant shifts in the nature and function of penality in other jurisdictions. The article argues that pressures for change within Scotland have been mediated by a number of localized political and cultural processes (relating specifically to elite policy networks and the characteristics of Scottish civic culture). These processes have facilitated a degree of boundary closure and self-reflexive modes of communication within the Scottish system and it is these which, to date, have mitigated against the sense of structural and cultural strain driving transformation elsewhere. The Scottish case suggests: that the environments which penal systems inhabit are complex and turbulent phenomena, containing a range of competing pressures with differential rather than uniform effects; and that small-scale penal systems have particular features which make them better able to ride out such turbulence without fundamental damage to their central principles and purposes.

No abstract

This article explores children's experience of policing. Drawing on findings from the Edinburgh Study of Youth Transitions and Crime, it argues that the police may be unfairly targeting certain categories of young people. Evidence is presented on the ways in which police working rules (relating to previous ‘form’ and suspiciousness) serve to construct a population of permanent suspects among children. While street-life places youngsters at greater risk of adversarial contact, ‘availability’ by itself, cannot explain this aspect of policing practice. The police appear to make distinctions about the respectable and unrespectable, children who can be accorded leniency and those who cannot; distinctions which are based as much on socio-economic status as serious and persistent offending. The article concludes that the police act less as legal subjects and more as class subjects in their interactions with young people and that the policing of children may serve to sustain and reproduce the very problems which the institution ostensibly attempts to contain or eradicate.

This article assesses the effectiveness of the Scottish model of youth justice in the context of a growing body of international research that is challenging the `evidence base' of policy in many western jurisdictions. Drawing on findings from the Edinburgh Study of Youth Transitions and Crime, it shows how labelling processes within agency working cultures serve to recycle certain categories of children into the youth justice system, whereas other serious offenders escape the tutelage of the formal system altogether. The deeper a child penetrates the formal system, the less likely he or she is to desist from offending. The article concludes that the key to reducing offending lies in minimal intervention and maximum diversion. Although the Scottish system should be better placed than most other western systems at delivering such an agenda (owing to its founding commitment to decriminalization and destigmatization), as currently implemented it appears to be failing many young people.

No abstract

No abstract