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.

Critique and creativity : the pedagogical nexus between literary studies and creative writing

This paper will explore the nexus between literary studies and creative writing on the basis of Stanley Aronowitz’s and Henry Giroux’s work on the democratic potential embedded in a critical literacy education, which provides ‘a language of critique’ and ‘a language of possibility’ (1993: 46). This paper argues that literary studies and
creative writing, as cognate disciplines focused precisely on languages of critique and possibility, are uniquely positioned to cooperatively enact this pedagogical agenda.

Scandalous texts : the anxieties of the literary

This thesis explores contemporary literary scandals in order to identify the cultural and literary anxieties revealed by controversial works. Examining how scandals emerge in relation to challenging representations of children, women, religion and authenticity, the thesis argues that literary controversies reveal concerns about the construction of identity, history and reality.

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.

A puzzling migratory detour : are fueling conditions in Alaska driving the movement of juvenile sharp-tailed sandpipers?

Making a detour can be advantageous to a migrating bird if fuel-deposition rates at stopover sites along the detour are considerably higher than at stopover sites along a more direct route. One example of an extensive migratory detour is that of the Sharp-tailed Sandpiper (Calidris acuminata), of which large numbers of juveniles are found during fall migration in western Alaska. These birds take a detour of 1500-3400 km from the most direct route between their natal range in northeastern Siberia and nonbreeding areas in Australia. We studied the autumnal fueling rates and fuel loads of 357 Sharp-tailed Sandpipers captured in western Alaska. In early September the birds increased in mass at a rate of only 0.5% of lean body mass day^-1. Later in September, the rate of mass increase was about 6% of lean body mass day^-1, among the highest values found among similar-sized shorebirds around the world. Some individuals more than doubled their body mass because of fuel deposition, allowing nonstop flight of between 7100 and 9800 km, presumably including a trans-oceanic flight to the southern hemisphere. Our observations indicated that predator attacks were rare in our study area, adding another potential benefit of the detour. We conclude that the most likely reason for the Alaskan detour is that it allows juvenile Sharp-tailed Sandpipers to put on large fuel stores at exceptionally high rates.