PETALING JAYA: The stigma of being labelled as a criminal, along with the loss of educational and social opportunities, can trap juveniles in a cycle of crime, say psychologists and social activists.
Fortunately, data from the Welfare Department (JKM) has shown that rehabilitation and diversion programmes have been successful in getting young offenders to break the criminal cycle and reintegrate them into society.
It reported that over the past 15 years, 9,680 trainees under the community services order programme had collectively completed more than 1.7 million aggregate hours. Of these, 98% are juveniles and children and were referred for rehabilitation by the courts between 2008 and 2023.
Many of these young people tend to avoid reoffending as they mature and gain new perspectives upon completing the programme.
Child clinical psychologist Dr Noor Aishah Rosli said incarceration often reinforced criminal behaviour by placing young offenders in an environment with other delinquents. She said juvenile incarceration could also have severe psychological effects, including increased anxiety, depression and post-traumatic stress.“The exposure to a punitive environment may exacerbate existing mental health issues and lead to further behavioural problems. As for recidivism, research shows that incarceration can increase the likelihood of reoffending,” she said.
In contrast, diversion programmes focused on rehabilitation rather than punishment addressed the underlying issues such as substance abuse, mental health issues or lack of life skills, she said.
“Positive reinforcement through diversion programmes often include community service or restitution, which can instil a sense of responsibility and empathy in the offender,” she said.
Commenting on the one-year good behaviour bond punishment meted out to a 13-year-old boy caught burning a kitten alive, Dr Noor Aishah said the aim should be to change the boy’s behaviour.
In June, a Magistrate’s Court ordered the juvenile offender to undergo an interactive workshop organised by the Welfare Department and imposed a restriction from leaving his house from 10am to 6pm for one year.
Dr Noor Aishah emphasised that this punishment should help the boy understand his actions and learn healthier ways to express emotions.
“Rehabilitation-focused punishment can prevent future incidents and help the boy integrate positively into society. For this case, the boy should also have undergone psychological assessment.
“In terms of psychological intervention, what I can assess is that the boy’s actions suggest underlying psychological issues, such as a lack of empathy or unresolved anger.
“A punishment that includes psychological counselling, anger management and empathy training can be crucial for his rehabilitation. Perhaps he can also be tested for bipolar, schizophrenia or others,” she said.
Clinical psychologist Dr Justine Thong Jian Ai pointed out that diversion programmes which provide support, supervision and other intervention strategies for youth were found to be typically more successful than traditional juvenile justice systems in reducing recidivism.
She explained that stigmatising labels like “delinquent” could lead to a self-fulfilling prophecy and worsen the difficulties faced by vulnerable youth.
Datuk Dr Hartini Zainuddin, founder of Yayasan Chow Kit, highlighted that diversion programmes offered a crucial alternative to traditional punitive measures as these programmes not only help engage children in positive activities but also alleviate the burden on the justice system by focusing on less severe cases.
“I think diversion programmes and rehabilitation efforts, when effectively implemented, provide a compassionate and effective approach to juvenile delinquency, focusing on the long-term well-being and positive development of young offenders,” she said in an interview.
Among others, she said diversion helped them understand consequences and the impact of their actions on animals and society while fostering empathy and compassion.
Hartini said it inculcated behavioural reflection leading to genuine remorse and a desire to change. She added that involving families and communities would ensure that children had a robust support network, which is critical for their rehabilitation and reintegration.
Sharmila Sekaran, chair of the Voice of the Children advocacy group, stressed that diversion helped juveniles understand their mistakes and make amends without facing severe penalties.
“The traditional way of dealing with young offenders which is very penal in nature does not help them become the best version of themselves,” she said briefly.
The Star had reported that the Women, Family and Community Development Ministry is planning to widen the diversion programme in phases by the fourth quarter of this year.
Its minister Datuk Seri Nancy Shukri said this was following the success of the pilot project launched in 2019.
Although the project was postponed due to Covid-19, it resumed on Sept 1, 2020, until May 31, 2022.
Separately, under the Welfare Department, young offenders are given a community service order by the courts through three main elements, which are punishment (40%), rehabilitation (30%) and repentance (30%).
