Beyond the ‘three dogmas of juvenile justice’ : a response to Weatherburn, McGrath and Bartels

In 'Three Dogmas of Juvenile Justice', Weatherburn, McGrath and Bartels identify three 'assumptions' or 'dogmas' about youth justice, on which they claim 'juvenile justice policy in Australia currently rests'.

The United Nations and juvenile justice: An overview

The purpose of this article is to provide an overview of the various United Nations instruments relevant to juvenile justice and to examine how knowledge of these can assist those interested in the protection and enhancement of young people's rights in the justice system. It is argued that whilst these instruments are variable they are valuable tools for unmasking the discriminatory and unjust treatment of young people who come into contact with the justice system.

Therapeutic Jurisprudence, juvenile justice and the UN Convention on the Rights of the Child : do they coexist?

The UN Convention on the Rights of the Child provides children and young people with over 40 substantive rights, the five outcomes of which are living a healthy lifestyle, staying safe, enjoying and achieving, making a positive contribution, and economic wellbeing. Moreover, Article 3 dictates that all organizations concerned with children should work towards what is best of each child. It is not clear how these rights translate to the care of children and young people who come before the courts (particularly those who are subsequently incarcerated). A review of the literature suggests that while best practice guidelines for the treatment and rehabilitation of adult offenders has moved forward, there is little consensus about how this might be achieved for young people. Therapeutic Jurisprudence (TJ) needs to extend beyond its current considerations of the rights of children and young people, and to expand its focus to the extent to which international human rights standards are complied with in the cases of juveniles in the criminal justice system. This presentation will (a) explore the extent to which current practices in juvenile justice are consistent with the UN's Convention and (b) whether the adoption a rehabilitative and treatment approach based on a TJ framework might serve to improve outcomes for young people and ensure their rights are not being violated.

The emergence and development of specialist courts : lessons for juvenile justice from the history of the children’s court in South Australia?

To illustrate how specialist courts have developed to manage juvenile offenders, this paper provides an overview of the history and development of the youth court in one jurisdiction, South Australia. Drawing on interviews conducted with judicial officers, the paper seeks to highlight some of the changes that have taken place since the Court’s inception, as well as how the Court currently understands its role and positioning within the broader justice and welfare systems. Key discussion points of these interviews included the Youth Court’s guiding principles and how they impact on court procedures and responses to young people in the system, as well as the challenges that limit, or create difficulties for, the effective operation of the Youth Court. It is concluded that the Youth Court system attempts to balance both welfare and justice approaches to dealing with young people, but are sometimes hindered by inadequate procedural, structural and resource-related factors – some of which exist externally to the Youth Court itself.

Young people and the justice system : consideration of maturity in criminal responsibility

The age of majority determines when a young person is considered adult in the eyes of the law, and in many countries this is set at 18 years. This does not take into account the differing ways and time-frames in which young people mature and develop. In justice systems in which individuals can be awarded leniency due to mental impairment, it becomes apparent that a similar justification can be made for issues surrounding maturity. This is of particular importance due to a growing trend in the Western world for young people to be tried as adults based on their crime, rather than their individual culpability. The aim of this review was to consider the interaction between maturity and criminal culpability.

Juvenile justice diversion in Victoria : a blank canvas?

Unlike many jurisdictions in Australia, Victoria has not adopted a legislative, court-based diversion scheme for addressing crime committed by children and young people. The state has also seen limited investment in diversionary programs and an over-reliance on discretionary police cautions. For young people in rural and regional areas, access to diversion programs and support services is especially limited. This article examines the limited diversionary options available in the current youth justice system, identifying strengths and opportunities. It concludes that legislated, court-based diversion schemes — assisted by community programs that provide appropriate intervention and support to those at risk of reoffending — are an essential means of addressing young people’s engagement in crime.

Implementing balanced and restorative justice : victim, offender, community : a guide for juvenile detention /

This publication is one in a series of guides designed to assist in the statewide promotion of balanced and restorative justice. BARJ is a philosophy of justice that can guide the work of individuals who deal with juvenile offenders, their victims, and the communities in which they live.

Juvenile justice in Queensland and Canada : new legislation reflecting new directions

Due to their similar colonial histories and common law heritage, Australia and Canada provide an ideal comparative context for examining legislation reflecting new directions in the field of juvenile justice. Toward this end, this article compares the revised juvenile justice legislation which came into force in Queensland and Canada in 2003 (Canada, Youth Criminal Justice Act, enacted on 19 February 2002 and proclaimed in force 1 April 2003; Queensland, Juvenile Justice Act, amended 2003). There are a series of questions that could be addressed including: How similar and how sweeping have been the legislative changes introduced in each jurisdiction?; What are likely to be some of the effects of the implementation of these new legislative regimes?; and, how well does the legislation enacted in either jurisdiction address the fundamental difficulties experienced by children who have been caught up in juvenile justice systems? This article addresses mainly the first of these questions, offering a systematic comparison of recent Queensland and Canadian legislative changes. Although, due to the recentness of these changes, there is no data available to assess long-term effects, anecdotal evidence and preliminary research findings from our comparative study are offered to provide a start at answering the second question. We also offer critical yet sympathetic comments on the ability of legislation to address the fundamental difficulties experienced by children caught up in juvenile justice systems. Specifically, we conclude that while more than simple legislative responses are required to address the difficulties faced by youth offenders, and especially overrepresented Indigenous young offenders, the amended Queensland and new Canadian legislation appear to provide some needed reforms that can be used to help address some of these fundamental difficulties.

Offending Youth : Crime, Sex and Justice

Rates of female delinquency, especially for violent crimes, are increasing in most common law countries. At the same time the growth in cyber-bullying, especially among girls, appears to be a related global phenomenon. While the gender gap in delinquency is narrowing in Australia, United States, Canada and the United Kingdom, boys continue to dominate the youth who commit crime and have a virtual monopoly over sexually violent crimes. Indigenous youth continue to be vastly over-represented in the juvenile justice system in every Australian jurisdiction. The Indigenisation of delinquency is a persistent problem in other countries such as Canada and New Zealand. Young people who gather in public places are susceptible to being perceived as somehow threatening or riotous, attracting more than their share of public order policing. Professional football has been marred by repeated scandals involving sexual assault, violence and drunkenness. Given the cultural significance of footballers as role models to thousands, if not millions, of young men around the world, it is vitally important to address this problem. Offending Youth explores these key contemporary patterns of delinquency, the response to these by the juvenile justice agencies and moreover what can be done to address these problems. The book also analyses the major policy and legislative changes from the nineteenth to twenty first centuries, chiefly the shift the penal welfarism to diversion and restorative justice. Using original cases studied by Carrington twenty years ago, Offending Youth illustrates how penal welfarism criminalised young people from socially marginal backgrounds, especially Aboriginal children, children from single parent families, family-less children, state wards and young people living in poverty or in housing commission estates. A number of inquiries in Australia and the United Kingdom have since established that children committed to these institutions, supposedly for their own good, experienced systemic physical, sexual and psychological abuse during their institutionalisation. The book is dedicated to the survivors of these institutions who only now are receiving official recognition of the injustices they suffered. The underlying philosophy of juvenile justice has fundamentally shifted away from penal welfarism to embrace positive policy responses to juvenile crime, such as youth conferencing, cautions, warnings, restorative justice, circle sentencing and diversion examined in the concluding chapter. Offending Youth is aimed at a broad readership including policy makers, juvenile justice professionals, youth workers, families, teachers, politicians as well as students and academics in criminology, policing, gender studies, masculinity studies, Indigenous studies, justice studies, youth studies and the sociology of youth and deviance more generally.-- [from publisher website]

Juvenile justice and truancy legislation : The move towards parental responsibilisation in Queensland

Much current Queensland media rhetoric, government policy and legislation on truancy and youth justice appears to be based on ideas of responsibilisation – of sheeting responsibility for children’s behaviour back onto their parents. This article examines the evidence of parental responsibility provisions in juvenile justice and truancy legislation in Queensland and the drivers behind this approach. It considers recent legislative initiatives as part of an international trend toward making parents ‘responsible’ for the wrongs of their children. It identifies the parental responsibility rhetoric appearing in recent ministerial statements and associated media reports. It then asks the questions – are these legislative provisions being enforced? And if so, are they successful? Are they simply adding to the administrative burdens placed on teachers and schools, and the socioeconomic burdens placed on already disadvantaged parents? Parental responsibility provisions have been discussed at length in the context of juvenile offending and research suggests that punishing parents for the acts of their children does not decrease delinquency. The paper asks how, as a society, we intend to evaluate these punitive measures against parents?

Child Victims of Sexual Abuse: Children's Experience of the Investigative Process in the Criminal Justice System

This paper is a selected review of research on issues surrounding the investigation of intra-familial child sexual abuse for children aged eight and above, in the criminal justice system. Particular attention is paid to features of the investigative interview in relation to the child's level of understanding, ability to report and likely emotional response when the proceedings take place. Best practice by police and social care agencies involves establishing valid and reliable information from children while attending to their developmental level and emotional state. The review aims to distil principles optimising this process from both the investigative judicial perspective and the child's focus, as well as from the inter-agency perspective and information sharing. Recommendations are made for improving the interview process based on research and methods from a range of disciplines and to optimise information recording in a format easily shared between agencies. Updated and ongoing training procedures are key to successful practice with training shared across police and social work agencies. The focus of this review is informed by preliminary findings from pilot research in progress on behalf of the Metropolitan Police Child Abuse Investigation Command.