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RJ Article O'Driscoll, Stephen J.. Youth Justice in New Zealand: A Restorative Justice Approach to Reduce Youth Offending.
In New Zealand, the primary legislation that governs youth justice in the district court is the Children, Young Persons, and Their Families Act 1989 (CYPF Act). It establishes the procedures that govern state intervention in the lives of children, youth, and their families. This legislation established the family court, which deals with the care and protection of children and youth, and the Youth Court. which addresses youth offending. The CYPF Act provides for an innovative system of youth justice that consists of a hybrid justice/welfare system in which youth, their families, victims, the community, and the state are involved in taking responsibility for offending and its consequences. Under such a system, the rights and needs of indigenous people are taken into account; families are central in all decisionmaking that involves their children; youth have a say in how their offending is to be addressed; victims have a role in negotiating penalties; and group consensus is the model for decisionmaking. These policies are encompassed in police and court procedures and practice as well as through the introduction of the Family Group Conference (FGC). The FGC is a decisionmaking forum that enables offenders, victims, families, community, and justice professionals to recommend an appropriate penalty to the court. In most cases, youth court judges, who are not present at FGCs, accept the FGC's recommendations. FGCs reflect the principles of restorative justice, although this model is not mentioned in the CYPF Act. The restorative justice model emphasizes diversion from formal criminal justice processing and the determination of offender accountability based on informal consensus of all the involved parties regarding how harms to the victim and community can be remedied or mitigated by the offender. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).
Located in articlesdb / articles
RJ Article Graveson, Chris. Restorative juvenile justice: The challenges, the rewards.
The paper entitled “Restorative Juvenile Justice: the Challenges, the Rewards” was written by Chris Graveson as a contribution to the discussions of the 1st World Congress on Restorative Juvenile Justice that took place in Lima, Peru, from 4-7 November 2009. The author of this document gives an overview of the “good practices” that can lead to the implementation of an efficient restorative juvenile justice system, including the issues and challenges, the roles and responsibilities, compliance with international standards and expected outcomes. The examples are based on the New Zealand and international experiences of the author. (Abstract courtesy of the Juvenile Justice Panel, www.juvenilejusticepanel.org)
Located in articlesdb / articles
RJ Article Zizak, Antonija. Mediation in cases of juvenile offenders in Croatia.
Although victim offender mediation is not a brand new idea, it exists in Croatia only since 2001 and only as a pre-trial procedure for juvenile offenders. Its development was enabled by multiple changes happening simultaneously both globally and locally. During the nineties, Croatia was going through war and post-war problems. Transition to a new type of society included processes like democratization, differentiation, privatization, Europeanization and revitalization of religion. These processes created new needs and opportunities for citizens, as well as new personal and social problems. One of the problems was that existing strategies were not able to reduce new and old types of juvenile crime. On the other hand, this created an opportunity to get to know and to try to follow the world-wide changed perspective on juvenile justice. Focus was especially placed on restorative justice trends in Europe, children's rights movement as well as changes regarding trends of law and treatment in neighbouring countries, especially Austria and Slovenia. (excerpt)
Located in articlesdb / articles
Violent juveniles serving life without parole: When victims of crime disagree
By Lisa Rea I would like to draw your attention to a very controversial piece of US federal legislation, HR 2289, which seeks to address the problem of juvenile lifers who are serving life sentences. The expressed purpose of the bill is to "establish a meaningful opportunity for parole or similar release of juvenile offenders sentenced to life in prison."
Located in Restorative Justice Online Blog -- RJOB
RJ Article Sivasubramaniam, Diane . Trust and power-distance: cross-cultural issues in juvenile justice conferencing.
Conferencing is a Restorative Justice practice operating in juvenile justice systems in Australia. Some conferences are convened by police, despite research demonstrating that ethnic minority youth often view police as biased or untrustworthy. Justice research in evaluative legal procedures indicates that perceived third party bias and outcomes delivered by a third party affect fairness judgments. Many disputants regard conferences as more fair than court. However, psychological mechanisms underlying fairness judgments in conferences, where offenders participate in outcome decisions, have not been directly investigated. This research program examined the effects of outcome and perceived convenor bias on procedural and distributive justice ratings in conferencing. Past research indicates that people high and low on Hofstede´s power-distance dimension differ in their emphases on outcome and third party bias when forming fairness judgments. This thesis investigated whether power-distance moderated the interactive effect of trust and outcome on fairness judgments in conferences. Study 1 established power-distance variation in a university sample, and similarity with a community sample on perceived police bias. Study 2 confirmed that high power-distance people who consider police biased against them may nonetheless choose to participate in police-convened conferences. Studies 3 and 4 extended previous research examining interactive effects of trust and outcome on justice judgments in evaluative procedures, investigating whether power-distance moderated this effect. No significant effects of power-distance and trust emerged, but the findings demonstrated the importance of outcome fairness (correspondence between outcomes and beliefs) in determining procedural justice. Studies 5, 6 and 7 extended this investigation to conferencing procedures. Studies 6 and 7 employed a computer-simulation, allowing participants to interact with a conference transcript and select outcomes, thereby investigating the effects of trust and power-distance on outcome choice, as well as the effects of trust, power-distance, and outcome on justice evaluations. Studies 5 and 6 were unsuccessful in manipulating bias by varying convenor identity (police versus civilian). Study 7 successfully manipulated bias according to convenor behaviour and revealed that third party bias in conferencing affected outcome choices but not fairness judgments. Results are discussed in terms of implications for culturally-relevant police practices, procedural justice theory and conferencing policy. (author's abstract)
Located in articlesdb / articles
RJ Article Maiden, Kristin M.. Second chances: An examination of juvenile offenders' experiences with a restorative justice program.
Research indicates that restorative justice diversions programs are becoming increasingly more popular and more successful as alternatives to standard diversion programs for juvenile offenders. Although there is ample research on restorative justice programs for adult offenders, more can be learned concerning the efficacy of these programs for juvenile offenders. This study uses a triangulated research method utilizing two datasets: an official court record dataset containing 4,197 juvenile offenders and a self report dataset with 229 participants. Structural equation models tested the relationships between extralegal variables such as gender, race, age and school status, and legal variables such as prior offenses and severity of current offenses, with the outcome variable of recidivism. A thematic analysis explored the perceptions and experiences of the self-report data participants. These analyses and the conclusions within inform restorative justice policy on the efficacy of restorative justice diversion programs for juvenile offenders as well as illuminate areas of improvement for established diversion programs. Furthermore, this research offers policy implications and suggestions for future research. (author's abstract)
Located in articlesdb / articles
RJ Article Pillari, Timothy J.. Rethinking Juvenlie Justice: Catholic Social Thought as a Vehicle for Reform
The article explores the multi-faceted issue of juvenile offenders and how they ought to be treated by tracing multiple historical modes of thought about their presence in the American criminal system. The author then discusses the tension between retributive and restorative justice, harmonizing the two in a paradigm that takes its lead from the social teachings of the Catholic church.
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RJ Article Gray, Patricia. Youth Justice, Social Exclusion and the Demise of Social Justice
A key theme underlying recent changes to youth justice in England and Wales has been responsibilising young offenders by holding them accountable for their offending. While this has led to a focus on offending behaviour and restorative justice programmes to address perceived deficits in young offenders’ cognitive skills, it has also been recognised that their ability to desist from crime is frequently constrained by acute levels of socio-economic disadvantage. With this concern in mind, policy makers have introduced several initiatives to combat the risks associated with social exclusion, and facilitate reintegration. Yet research suggests that these initiatives have failed to alleviate the problem. It will be argued that this is because New Labour has constituted reintegration as the personal moral responsibility of young offenders, with scant regard to structural barriers and broader social justice ideals. The article concludes by suggesting that a solution may lie in the propagation of a ‘transformative’ rights-based agenda. (author's abstract)
Located in articlesdb / articles
RJ Article Matouskova, Andrea. Mediation as a restorative approach to dealing with juvenile crime in the Czech Republic.
The Czech Republic has a population of approximately 10 million people. The Probation and Mediation Service of the Czech Republic (PMS) was founded in January 2001. IN 2009,the PMS had 340 probation officers and assistants. The PMS operates with approximately 28,000 cases per year, 14% of the cases are connected to juveniles. In the Czech Republic the judicial system is divided into 8 court regions with 74 court districts 9and 74 PMS centres). Each PMS centre has one specialised officer who focuses on issues related to juveniles. According to the Czech Youth Justice Act (YJA) this specialised officer has to receive special training on methods of working with juveniles, their families and on cooperating with other professionals (social workers, teachers, psychologists, lawyers, etc.). (excerpt)
Located in articlesdb / articles
Private homes shun restorative justice
from Neil Puffett's article in Children & Young People Now: Vulnerable children are being unnecessarily criminalised because of a reluctance to deploy restorative justice techniques in private children's homes, a report has warned. Government statistics show that between 40 and 49 per cent of children entering custody have been in care at some point despite the fact they make up just 0.5 per cent of the total population of children.
Located in Restorative Justice Online Blog -- RJOB