Juvenile Justice

Restorative practices, especially conferencing, are being used to divert juvenile offenders from court processes.

"Restorative justice" to reintegrate youth-at-risk into society

from Wayne Chan's article in ChannelNewsAsia.com: Minister of State for Home Affairs, Masagos Zulkifli recommended using "restorative justice" to divert delinquent youth away from the court justice system. He said this at the 1st Singapore Restorative Conference which kicked off on Thursday.

Toward Transformative Mediation: Restorative justice practice in South Korea

from the article by Jae Young Lee: Growing interest in Restorative Justice has been emerging in Korea among scholars, law practitioners, and civil society groups since as early as the late 1990s. However, its practice was very limited until a recent experimental project from 2006-2008. During those three years, Korean Institute of Criminal Justice (KICJ) and a civil organization called Conflict Resolution Center under Women Making Peace carried out the first formal Restorative Justice project in Korea called Victim-Offender Dialog, particularly designed for juvenile cases. Seoul Metropolitan Police Agency, Seoul Family Court, and Juvenile Protection Institution referred juvenile cases to Conflict Resolution Center to be dealt with a conference where conflicting parties and trained mediators sat together.

Mercy urged for child charged in Jakarta murder

by Ronna Nirmala & Arientha Primanita in the Jakarta Globe: The National Commission for Child Protection on Wednesday said it was working hard to save a 10-year-old boy, suspected of having stabbed and beaten his adoptive mother to death, from serving up to 15 years in jail. East Jakarta Police investigators have said the child, who is originally from Nias and is an orphaned survivor of the 2004 tsunami in Aceh, may face charges for violating the 2004 law on domestic violence.

. Adopting a restorative approach to young offenders in Hong Kong: a public survey.

With declining faith in the retributive and rehabilitative models of the criminal justice system, the restorative justice (RJ) model has become increasingly favored. Most countries that practice RJ do so for juvenile offenders, and most of these are western countries. It is believed that the illegal acts of most juvenile offenders are committed impulsively. Hong Kong, as an international Asian city that is predominantly Chinese, may want to follow the global trend in adopting some types of RJ practice to deal with juvenile offenders. As public sanction/endorsement is one of the crucial criteria for the implementation of RJ, this article presents the findings of a telephone survey in Hong Kong to explore public support for the idea. It was found that the general public is in favor of the idea of RJ even though their knowledge of the local juvenile justice system is typically inadequate. Some preliminary recommendations are offered. (author's abstract)

Desai, Murli. Singapore A comparative study of measures for children in conflict with the law in Goa and Singapore.

This article aims to compare the measures undertaken for children in conflict with the law in terms of strengths and gaps, similarities and differences, and the profile of children who enter the juvenile justice system in a progressive state of India, namely Goa, and Singapore. The measures for children in conflict with the law are examined with reference to the United Nations Convention on the Rights of the Child (UNCRC, 1989), ratified by (among others) India and Singapore. (author's abstract). This includes a discussion of Singapore's inclusion of restorative principles in responding to juvenile offending.

Youngquist, Neal. Youth and the Criminal Justice System: Context and Practices Within Asia.

Within the Asian kaleidoscope, the trails leading youth to prison are varied. Out of dire circumstances to maintain basic needs or a debilitating addiction, youth may succumb to committing economic or “survival” crimes. Conversely, well-educated and more affluent youth, seeking stimulation and new highs, take on law breaking with the vigor and gusto of accepting more and more risk . And then some are born, raised, and in the case of North Korea, spend their entire childhood in prison knowing nothing of life “on the outside” as they mature towards adulthood. These are just some of the avenues, broad in some contexts, leading to time in various forms of forced seclusion. Though a nation’s justice framework is paved with good intentions, incarceration has severe and often unseen repercussions for the offender and family. Youth, doubly so, are subject to traumatisation and the loss of moral conscience by spending formative years in institutions that isolate them from meaningful contact with family and positive role models. Children, of imprisoned adult offenders, face the sudden aftermath of life without a parent and public scorn of now becoming a criminal’s child. (excerpt)

Keenapan, Nattha. Restorative justice.

Wit’s case was diverted to the Family and Community Group Conferencing (FCGC), a “child-friendly” government programme that deals with children who have committed minor crimes. In addition to diverting children away from the formal system, it seeks to restore social harmony between the victim and child offender as well as within the community at large. (excerpt)

Klosky, Tricia and Kethineni, Sesha. "Juvenile Justice and Due Process Rights of Children in India and the United States"

This article offers a cross-cultural comparison of current and past juvenile court systems in India and the United States. Issues such as juvenile court development, differences and similarities in juvenile court philosophies, and the impact of legislative reforms are explored within political, social, and legal contexts. Specifically, the juvenile justice system in India is examined and analyzed within the context of how changes in philosophy and terminology have affected juvenile court practices and procedures. Our conclusion is that in both countries the juvenile justice system often fails to achieve the rehabilitative agendas set forth by their legislative and child welfare bodies.

Roujanavong, Wanchai. Restorative Justice Programs in Thailand.

The Thai criminal justice system has implemented restorative justice programs since 2003. Presently, about 9,700 conferences were conducted for juvenile cases and 75% of them resulted in non-prosecution order. For adult cases, about 1,500 direct mediation meetings were conducted and 86% of them resulted in agreements made. The presentation will introduce the restorative justice programs implemented in Thailand and discuss about the future plan as well as some critical issues relating to Thai legislation and policy. (author's abstract)

Wing Lo, T and Maxwell, Gabrielle and Wong, Dennis and Maxwell, Gabrielle. Community Support and Diversionary Measures for Juvenile Offenders in Hong Kong: Old Legacy, New Age.

This paper begins by examining the arguments that led to the change of emphasis from residential training and detention to community-based measures in Hong Kong. Police cautioning and community support services are introduced. An evaluation of the services provided found that the majority of respondents reported high levels of satisfaction with them. It is likely that the services exerted positive influences on the respondents_ deviant behaviour, family values and sense of social responsibility, but one-fifth of them continued to commit deviant acts. Parents_ participation was not high. Young offenders rarely took responsibility for the offence they committed or understood the harm they had done to victims, and victims were not involved in deciding the intervention plan. The conclusions raise issues about the future for Hong Kong. They consider new diversionary strategies for responding to young people and debate the values that should underpin them.

Tin Keng Seng, Eric. The Four Justice Models: Organised Creativity in Judicial Administration

The Justice Achievement Award was established to recognize outstanding achievements and projects that enhance the administration of justice. In this paper, Eric Tin Keng Seng, a magistrate for the Republic Singapore, profiles four justice models that provide the structure for the Singapore courts: civil justice (fair and effective dispute resolution); criminal justice (protecting the public); family justice (protecting family obligations); and juvenile justice (restorative justice). For each model, he identifies the target groups, the core work team, and significant justice initiatives. Moreover, he evaluates the effects of the justice initiatives on the Singapore community.

Wan King Hung and Chuk Wing Hung. Restorative Justice: A Way Forward in Hong Kong.

This paper presents a microcosmic perspective of the demand for restorative justice in Hong Kong. Offenders and victims, a primary student and university professor, juvenile offenders and lifers, prison volunteers and social workers, as well as imprisoned offenders and a rehabilitated person respectively present thirteen voices. It further elaborates that pilot project such as "The Post-superintendent Cautioning Scheme plus Family Group Conferencing," implemented in Hong Kong, are effective and positive and can untie the inner "knots" of the parties, parents and the community involved. As such, victims are humanized with material, symbolic, and mental compensations as well as offenders can be re-socialized into the society with lower rate of recidivism. This process can enhance relationships among the parents, offenders and their offspring. This can largely improve the public safety in the community and save a great amount of outlays and expenses. In the end, the writers of this report put forward some practical suggestions on the development of restorative justice in Hong Kong which require support from the Hong Kong Law Reform Commission and the Security Bureau. These suggestions could be executed by Hong Kong Magistracy & Juvenile Court, Hong Kong Correctional Services Department, Hong Kong Social Welfare Department, Hong Kong Police Force and non-governmental organizations (such as Hong Kong Mediation Council, Hong Kong Mediation Center, Non-governmental Criminal Mediation Organizations and volunteers). Together, we can collaboratively achieve restorative justice.

Ozawa, Joseph Paul. Transformative Justice: Psychological Services in the Criminal, Family, and Juvenile Justice Centres of the Subordinate Courts of Singapore

In addition to being a centre for the expeditious, fair, and effective administration of justice and the disposition of deterrence, the Subordinate Courts of Singapore have developed as a centre of innovation. Courts are also conceptualised as a crucible of human conflicts, traumas, and relational dysfunctions, thus requiring expertise in dealing with complex human problems. Psychological Services go beyond the conventional notion of providing expert criminal profiling to becoming a driving force behind individual, familial, and societal transformation. Three functions of the Psychological Services are presented-Family conferencing; the Juvenile Offender Behavior (JOB) criteria; and Project HEART. Each function reflects transformation within a forensic-legal framework.

Wong, Dennis S. W.. Juvenile crime and responses to delinquency in Hong Kong

This article describes the juvenile crime trend and responses to juvenile delinquency in Hong Kong since the 1970s. It explores how changing conceptions of the causes of juvenile crime have influenced delinquency control policies. Although Hong Kong has a relatively low crime rate, the heavy emphasis on the use of custodial programs over community-based programs is obvious. Whereas the scope of delinquency literature is narrow and the legal professional’s opinion is rather conservative, new initiatives to further advance the juvenile justice system are difficult. Author's abstract.

Gray, Patricia. Community corrections and the experiences of young male offenders in the Hong Kong youth justice system

In this article, Gray compares and contrasts England and Hong Kong in terms of "deinstitutionalization" and "decarceration" in youth justice policies. Because of legal changes, the number of juvenile offenders sentenced to custody fell noticeably in England in the 1980s and early 1990s. In contrast, and despite the influence of English legislation and policies, large numbers of juvenile and young adult male offenders continue to be placed in residential and custodial institutions in Hong Kong. To explore this situation, Gray looks at the following subjects: deinstitutionalization, decarceration, and the collapse of the rehabilitative ideal in the West; the concept of rehabilitation in Hong Kong; prospects for a developmental approach to youth justice in Hong Kong; and possible paths to community-based rehabilitation programs within the cultural context of Hong Kong.

Hayes, Hennessey and Morris, Allison and Maxwell, Gabrielle and Hayes, Hennessey. Conferencing and Restorative Justice

Family group conferences in the New Zealand youth justice system have been the centre of international interest since they were introduced there in 1989, and they have since been imitated by a number of countries. Enabling legislation for juvenile offenders has been passed in New Zealand, Australia, England and Wales, Canada, Ireland, and Singapore. Also in New Zealand, legislation has been passed for adult offenders. Various versions of conferencing for young offenders have been introduced in Belgium, Hong Kong, Japan, the Netherlands, South Africa, Sweden, and the United States. More recently, new initiatives have been taken to introduce restorative conferencing in Brazil and Argentina for both adults and young people. In this chapter, we describe restorative justice conferencing for juveniles with a particular emphasis on New Zealand and Australia and assess the extent to which it can be said to reflect restorative justice processes and to result in restorative justice outcomes using research chiefly drawn from Australasia and North America. In addition, we examine data on the extent to which conferencing can reduce re-offending. But first, we discuss the development of restorative justice conferencing. (excerpt)

Maxwell, Gabrielle and Wing Lo, T and Wong, Dennis and Maxwell, Gabrielle. Diversion From Youth Courts in Five Asia Pacific Jurisdictions: Welfare or Restorative Solutions

This article examines how juvenile offenders are diverted from prosecution in juvenile courts in five Asia Pacific jurisdictions: Queensland, Australia; New Zealand; Hong Kong; Singapore; and China. In all of these jurisdictions, there has been a trend away from punitive and retributive approaches to the diversion of juvenile offenders from prosecution in a court to the community-based welfare model and the restorative model. The community-based welfare model relies primarily on counseling, community support, and educational assistance and is usually led by professionals. This model tends to categorize juvenile offenders as having problem behaviors and emotional conditions that require treatment and supervision. The restorative model emphasizes the accountability of juvenile offenders for the harms their behavior caused and uses negotiation among the youth, their victims, and the youth's family to develop measures for repairing the harm done and addressing the youth's behaviors that caused the harm. This model limits the involvement of professionals in decisionmaking about the disposition of the case. New Zealand and Queensland use the restorative model. Criticisms of this model have included the lack of due process and protections for the rights of offenders, as well as the potential for undue influence by the police. Hong Kong and Singapore have adopted a traditional rehabilitation and welfare orientation whereby police divert juveniles from the courts through police cautions and referrals to community support and guidance services operated by social workers. In China, community-based practices such as police cautions, mediation, and educational assistance are used in diverting youth from court-based processing. Community-based sanctions are particularly susceptible to the influence of personal power and persuasion, and outcomes may favor those who have close affiliations with or hold powerful positions in the government. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Adhikain Para sa Karapatang Pambata and Ateneo Human Rights Center. Research on the situation of children in conflict with the law in selected metro Manila cities.

This research project on the situation of children in conflict with the law in selected cities in Metro Manila was conceptualised in order to assist SC-UK and its partners in defining their advocacy agenda on CICL at the local and national levels and help clarify SC-UK’s programme direction, strategies, areas of coverage and target participants. Through quantitative and qualitative information collected in this project, major gaps and abuses that occur in the administration of justice to CICL were identified and corresponding analysis and recommendations were formulated. The project also gave emphasis on the protection measures given to children in conflict with the law through diversion at the different levels of the criminal justice system. Diversion is an essential component of children’s justice, with the purpose of preventing and minimising the children’s entry into the criminal justice system. The promulgation of the Rule on Juveniles in Conflict with the Law by the Supreme Court in 15 April 2002, which provides for diversion in the court level, requires a review of it relevant provisions. The provisions of the Katarungang Pambarangay (barangay1 or village justice) Law as it applies to CICL are likewise analysed in relation to diversion.

Kittayarak, Kittipong. Restorative Justice in Thailand

In Thailand, like in many other Asian countries, restorative justice is not a new approach but a familiar concept well entrenched in the Thai traditions and culture. Many elements of restorative justice still remain in the traditional way of communal justice in some rural areas. With such solid background in the Thai culture and increasing problems resulted from the shortcomings of conventional criminal justice, it is not surprising to see a growing interest of restorative justice in Thailand. In my presentation, I will examine the experience of Thailand in implementing restorative justice to the Thai criminal justice process. Although restorative justice has been reintroduced in Thailand only recently, and an attempt for its implementation is only in the beginning stage, restorative justice has been very well received by the criminal justice communities and the public. There are also many indications that it is likely to be adopted as a viable alternative to the formal criminal justice process in various types of offenses. (excerpt)

Wong, Dennis S. W.. Restorative Justice for Juveniles in Hong Kong: Reflections of a Practitioner

Having studied different types of juvenile justice models and practised various kinds of therapeutic methods, I find restorative justice (RJ) an appropriate answer to my first question. I also believe that RJ is a balanced strategy, and that it can be put into practice through various conferencing and mediation techniques. I will not attempt to provide explanations about why I find RJ so powerful now, but you will get the answer after knowing about our recent works more thoroughly. (excerpt)