Psychological maturity of at-risk juveniles, young adults and adults : implications for the justice system

While the justice system assumes adulthood is reached by the age of 18 and given the increase in the number of juveniles being tried within adult court, it is imperative to understand whether young people are as criminally culpable for their actions as adults and where differences may lie in the maturity of young people and their adult counterparts. Psychological maturity was assessed in order to gain a better understanding of culpability and responsibility in at-risk young people, 18-year-olds and 25-year-olds to determine where psychosocial maturity levels and the propensity to make antisocial decisions differ and, if so, how. At-risk young people and 18-year-olds differed from 25-year-olds in psychological maturity levels, instigating implications for future research and the trial of young people as adults.

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.

Youth (in)justice : oral language competence in early life and risk for engagement in antisocial behaviour in adolescence

Youth offenders are complex and challenging for policymakers and practitioners alike and face high risks for long-term disadvantage and social marginalisation. In many cases, this marginalisation from the mainstream begins in early life, particularly in the classroom, where they have difficulty both with language/literacy tasks and with the interpersonal demands of the classroom. Underlying both sets of skills is oral language competence—the ability to use and understand spoken language in a range of situations and social exchanges, in order to successfully negotiate the business of everyday life. This paper highlights an emerging field of research that focuses specifically on the oral language skills of high-risk young people. It presents evidence from Australia and overseas that demonstrates that high proportions (some 50% in Australian studies) of young offenders have a clinically significant, but previously undetected, oral language disorder. The evidence presented in this paper raises important questions about how young offenders engage in forensic interviews, whether as suspects, victims or witnesses. The delivery of highly verbally mediated interventions such as counselling and restorative justice conferencing is also considered in the light of emerging international evidence on this topic.

Weighing price of justice

Newspaper article examining the implications of the increasing price of justice at a state and federal level in Australia and the United States. Focuses largely on research examining the Queensland and Alabama prosecutions of Gabe Watson for hte death of his wife, Tina Thomas, on their honeymoon in October 2003.

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.

Towards a diversity justice management model : integrating organizational justice and diversity management

Purpose – Contemporary organizations are increasingly paying attention to incorporate diversity management practices into their systems in order to promote socially responsible actions and equitable employment outcomes for minority groups. The aim of this paper is to seek to address a major oversight in diversity management literature, the integration of organizational justice principles.

Design/methodology/approach – Drawing upon the existing literature on workforce diversity and organizational justice, the authors develop a model based on normative principles of organizational justice for justice-based diversity management processes and outcomes.

Findings – The paper proposes that effective diversity management results from a decision-making process that meets the normative principles of organizational justice (i.e. interactional, procedural and distributive justice). The diversity justice management model introduced in this article provides important theoretical and practical implications for establishing more moral and just workplaces.

Research limitations/implications – The authors have not tested the conceptual framework of the diversity justice management model, and recommend future research to take up the challenge. The payoff for doing so is to enable the establishment of socially responsible workplaces where individuals, regardless of their background, are given an equal opportunity to flourish in their assigned jobs.

Practical implications – The diversity justice management model introduced in this paper provides organizational justice (OJ)-based guidelines for managers to ensure that OJ can be objectively benchmarked and discussed amongst diversity stakeholders to continuously improve actual and perceived OJ outcomes.

Social implications – The social implication of this conceptual paper is reduction of workforce marginalization and establishment of socially responsible organizations whereby those marginalized (e.g. people with disabilities) can effectively work in their organizations.

Originality/value – This is the first attempt to establish a diveristy justice management model, which incorporates normative principles of organizational justice into diversity management processes and outcomes.

Assessing client outcomes in youth justice services : current status and future directions

Youth justice services are increasingly expected to demonstrate that the services and programs they provide lead to measurable outcomes. This paper considers how client outcomes other than recidivism, which are considered important to youth justice service providers, might be conceptualized and reliably assessed. We conclude that there is a need to develop methods of assessment that are consistent with the principles of evidence-based assessment and we make a number of suggestions for the development of practice in this area.

Messages from Long Tan, Vietnam: memorialisation, reconciliation, and historical justice

This article explores the changing ways in which Australians and Vietnamese remember and memorialize their involvement in the Vietnam War and how these processes intersect with notions of reconciliation and historical justice in postwar contexts. It uses the Battle of Long Tan of August 1966 as an entrée into these considerations and questions how heritage-making and memorialization processes can facilitate the achievement of reconciliation between parties formerly in conflict. Not surprisingly, the Australian and Vietnamese veterans of the battle and the two states, the Commonwealth of Australia and the Socialist Republic of Vietnam, have different motivations for wanting to remember Long Tan. On the Australian side, a sense that reconciliation and atonement are needed is often reflected in official government and veterans’ statements about the war and Australia-Vietnam relations, in the memorialization process at Long Tan and in the involvement of Australian veterans groups engaged in local economic development and community building in Vietnam. On the Vietnamese side, where the Vietnam War played out as a civil as well as an international war, efforts by those who actively supported the former Republic of Vietnam based in Saigon in the south and among the overseas Vietnamese (Viet kieu) to memorialize their engagement in the conflict have been frustrated. The usefulness of the notion of seeking historical justice is therefore questioned in post–civil war situations where people are locked into fixed histories and are unprepared or unable to revisit and retell personal and collective memories and histories.

“People’s law” and restorative justice: the success of circle sentencing in New South Wales

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

Review of 'Promoting Justice through Clinical Legal Education' by Jeff Giddings, Justice Press, 2013

Review of 'Promoting Justice through Clinical Legal Education' by Jeff Giddings, Justice Press, 2013, 448 pages