Accountability in juvenile justice : a framework to assess client outcomes

This article describes the development of an assessment protocol for use with juvenile justice clients that can be used to assess needs in a manner that not only informs the development of case plans but also allows for the assessment of change over the course of a service contact. The youth justice assessment tool supports case needs identification and analysis as well as screening for mental health concerns, risk of harm to self or others, and risk of reoffending. Initial validation of the case needs component has been undertaken and although further validation is required, preliminary data reported in this article suggest that this type of approach to client assessment does hold some promise.

Negligence and the wrongdoing plaintiff: a corrective justice analysis

 The thesis demonstrates that the only legitimate basis for denying a claim in negligence arising out of an unlawful act by the plaintiff is the need to preserve the coherence of the legal system.

Functionalism, co-operation, good faith, and the making of the "daily-preventive justice" in contract law theory and practice. A contribution to a rational understanding of good faith and to its future reseasonable developments. Evaluations from

The thoughts and observations contained in this paper were first presented in a preliminary form at the Staff Seminar that I gave at the University of Cape Town (UCT) - Department of Private Law, on Tuesday May 8 2012. The organizers generously offered me a free choice of subject. Such an offer always poses a problem to imaginative people like myself. I finally chose as my subject the role of good faith in contract law theory and practice and then entitled the Seminar “Good Faith & Contracts - Brothers in Arms”. The aim of the talk was to briefly describe what I see behind the doctrine of good faith (and, more broadly, behind the general course of the parties’ behavior before and after the conclusion of an agreement), to then explain the need of its protection and future reasonable developments by challenging the limitations of both traditional and current legal approaches to contract law theory and practice. By adopting a comparative modus investigandi, it emerged that especially in the area of contract law a new law-finding process is emerging in the European continent and it is leading to re-conceive the meta-national legislative interventions by challenging the limits of Hobbes’s Leviathan. As asserted, we ought to not take this process for granted because although there are many forms of social organization, contract is the most pervasive and the law of contract still is the most important vehicle to support and supplement private arrangements. However, the point of departure for theorizing about private law is based on experience. Consequently, despite the growing emphasis on the convergence of national legal systems in Europe, conducting research on private law theory and practice requires that imagination and creativity be matched with prudence. Proficiency has to be aligned with what we have learned from history.

Program outcomes in youth justice outcomes: the PLUS+ program review

This report provides a methodology to assess the outcomes of rehabilitation programs that are delivered to young offenders in South Australia. A method of assessing change is described that can be applied across a number of different programs, but is illustrated in relation to one particular program, the PLUS+ program. PLUS+ is a group-based cognitive skills program which employs cognitive-behavioural methods of problem-solving, skills-training, and self-management to rehabilitate young offenders. It is one of the most intensive and best established programs to have been implemented in South Australia. Based on a review of this program a number of recommendations are made to enhance the future delivery and evaluation of PLUS+.

Police legitimacy, ideology and qualitative methods: a critique of procedural justice theory

I argue that there are unconsidered complexities to police legitimacy and use examples from my study of police–public consultation forums in Edinburgh, Scotland to illustrate. I make a number of conceptual and methodological critiques by drawing upon Steven Lukes’ social theory on power to show how legitimacy can be a product of authority relations as much as it is a cause of authority relations. This view finds support from systems-justification theory. I also tackle Beetham’s conception of legitimacy and argue that there is evidence from police studies that the police breach his key antecedents to legitimacy without incurring the expected consequences. Furthermore, I take an original methodological approach to studying police legitimacy which reveals additional insights. For instance, Bottoms and Tankebe suggest legitimacy addresses multiple ‘audiences’; I would also add that it addresses multiple recipients as legitimacy is shown to vary among officers and positions of rank.

The effect of complainant age on outcomes in the criminal justice system: case tracking from report to conviction

 The thesis explored child sexual abuse in the criminal justice system and how victim age predicted case outcomes, including disclosures, charges and convictions. The findings highlighted that adolescent victims may experience unique challenges. Further, the relationships between victim age, case characteristics and evidence are crucial to explaining case outcomes.