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Aboriginal Youth and the Criminal Justice System by Fay Gale,Rebecca J. Bailey-Harris,Joy Wundersitz Pdf
In response to request from Aboriginal community leaders this study examines involvement of Aboriginal youth in criminal justice process in South Australia; presents statistics for types of offence, number of offences, prior offending records, geographical variations for types of offence in metropolitan, rural, remote areas; gives socio-economic profile of offenders; discusses Aboriginal/police relations; compares treatment of Aboriginal and non-Aboriginal youth in terms of police discretion in either arresting or reporting offender and relationship between method of apprehension or/and Screening Panel referral; discusses system of diversion - Childrens Aid Panels; examines operation of Childrens Court - nature of pleas, legal representation, reports, magistrates and judges, penalties.
Decolonising Justice for Aboriginal youth with Fetal Alcohol Spectrum Disorders by Harry Blagg,Tamara Tulich,Robyn Williams,Raewyn Mutch,Suzie Edward May,Dorothy Badry,Michelle Stewart Pdf
This book reflects multidisciplinary and cross-jurisdictional analysis of issues surrounding Fetal Alcohol Spectrum Disorders (FASD) and the criminal justice system, and the impact on Aboriginal children, young people, and their families. This book provides the first comprehensive and multidisciplinary account of FASD and its implications for the criminal justice system – from prevalence and diagnosis to sentencing and culturally secure training for custodial officers. Situated within a ‘decolonising’ approach, the authors explore the potential for increased diversion into Aboriginal community-managed, on-country programmes, enabled through innovation at the point of first contact with the police, and non-adversarial, needs-focussed courts. Bringing together advanced thinking in criminology, Aboriginal justice issues, law, paediatrics, social work, and Indigenous mental health and well-being, the book is grounded in research undertaken in Australia, Canada, and New Zealand. The authors argue for the radical recalibration of both theory and practice around diversion, intervention, and the role of courts to significantly lower rates of incarceration; that Aboriginal communities and families are best placed to construct the social and cultural scaffolding around vulnerable youth that could prevent damaging contact with the mainstream justice system; and that early diagnosis and assessment of FASD may make a crucial difference to the life chances of Aboriginal youth and their families. Exploring how, far from providing solutions to FASD, the mainstream criminal justice system increases the likelihood of adverse outcomes for children with FASD and their families, this innovative book will be of great value to researchers and students worldwide interested in criminal and social justice, criminology, youth justice, social work, and education.
Offending Youth by Kerry Carrington,Margaret Pereira Pdf
Rates of female delinquency, especially for violent crimes, are increasing in most common law countries. At the same time the growth in cyber-bullying, especially among girls, appears to be a related global phenomenon.While the gender gap in delinquency is narrowing in Australia, United States, Canada and the United Kingdom, boys continue to dominate the youth who commit crime and have a virtual monopoly over sexually violent crimes. Indigenous youth continue to be vastly over-represented in the juvenile justice system in every Australian jurisdiction. The Indigenisation of delinquency is a persistent problem in other countries such as Canada and New Zealand.Young people who gather in public places are susceptible to being perceived as somehow threatening or riotous, attracting more than their share of public order policing. Professional football has been marred by repeated scandals involving sexual assault, violence and drunkenness. Given the cultural significance of footballers as role models to thousands, if not millions, of young men around the world, it is vitally important to address this problem. Offending Youth explores these key contemporary patterns of delinquency, the response to these by the juvenile justice agencies and moreover what can be done to address these problems.The book also analyses the major policy and legislative changes from the nineteenth to twenty first centuries, chiefly the shift the penal welfarism to diversion and restorative justice. Using original cases studied by Carrington twenty years ago, Offending Youth illustrates how penal welfarism criminalised young people from socially marginal backgrounds, especially Aboriginal children, children from single parent families, family-less children, state wards and young people living in poverty or in housing commission estates. A number of inquiries in Australia and the United Kingdom have since established that children committed to these institutions, supposedly for their own good, experienced systemic physical, sexual and psychological abuse during their institutionalisation. The book is dedicated to the survivors of these institutions who only now are receiving official recognition of the injustices they suffered.The underlying philosophy of juvenile justice has fundamentally shifted away from penal welfarism to embrace positive policy responses to juvenile crime, such as youth conferencing, cautions, warnings, restorative justice, circle sentencing and diversion examined in the concluding chapter.Offending Youth is aimed at a broad readership including policy makers, juvenile justice professionals, youth workers, families, teachers, politicians as well as students and academics in criminology, policing, gender studies, masculinity studies, Indigenous studies, justice studies, youth studies and the sociology of youth and deviance more generally.
The Youth Criminal Justice Act by Canada. Department of Justice Pdf
The Youth Criminal Justice Act replaces the Young Offenders Act to provide the legislative framework for a fairer & more effective youth justice system.
Aboriginal Peoples and the Justice System by Canada. Royal Commission on Aboriginal Peoples Pdf
"There was a widespread view among participants at the Round Table that the current justice system, especially the criminal justice system, is too centralized, too legalistic, too formal and too removed from the (Aboriginal) communities it is supposed to serve."--
Tough on Kids by Ross Gordon Green,Kearney Healy Pdf
Does our current system for dealing with young offenders -- which focuses on punishment -- work? Not according to the authors of this compelling and thought-provoking book. It simply ensures that we jail more youth than any other country, including the United States. Green and Healy argue that a new approach is needed and offer ample evidence from around the world, and our own back yard, to make the case for a shift to restorative justice. The voices of their young clients illustrate the very real human costs of doing nothing. Topics covered include: causes of youth crime; special circumstances facing Aboriginal youth; fetal alcohol syndrome and effect; restorative justice techniques; innovations used in England, Australia, and New Zealand; Quebec -- an example of restorative justice in practice, as well as other innovative approaches including the Calgary Community Conferencing program; theories about crime and punishment; and the provisions of the Youth Criminal Justice Act. This book is a must read for anyone -- including counselors, social workers, lawyers, judges, educators -- who is concerned about youth crime and justice. In an easy to read format this book presents the development and current state of Canadian law, as well as different approaches that have been used in dealing with youth crime. Regardless of one's view on youth crime, this book is packed with useful information, viewpoints, and statistics on young people and the law.
Indigenous Youth Justice Programs Evaluation by Anonim Pdf
The Australian Government has provided funding to evaluate the effectiveness of Indigenous law and justice programs across five subject areas to identify the best approaches to tackling crime and justice issues and better inform government funding decisions in the future. This report presents the findings of subject area "C", 'Diversion programs'. It examined the impact of four programs designed to divert Indigenous people from entering the justice system. The four programs sit at different points along a continuum, ranging from prevention (addressing known risk factors for offending behaviour), early intervention (with identified at-risk young people), diversion (diverting from court process - usually for first or second time offenders), and tertiary intervention (treatment to prevent recidivism). The programs evaluated were: Aboriginal Power Cup, a sports-based prevention program in South Australia; Tiwi Islands Youth Development and Diversion Unit, an early intervention and diversion program that engages Tiwi youth who are at-risk of entering the criminal justice system in prevention activities; Woorabinda Early Intervention Panel Coordination Service, an assessment and referral program for early intervention and diversion, in Queensland; and Aggression Replacement Training, a group cognitive-behavioural program for youth assessed as at risk of offending or re-offending, also in Queensland.
New Directions in Restorative Justice by Elizabeth Elliott,Robert Gordon Pdf
This book addresses a number of key themes and developments in restorative justice, and is based on papers originally presented at the 6th International Conference on Restorative Justice in Vancouver. It is concerned with several new areas of practice within restorative justice, with sections on restorative justice and youth, aboriginal justice and restorative justice, victimization and restorative justice, and evaluating restorative justice. Contributors to the book are drawn from leading experts in the field from the UK, US, Europe, Canada, Australia and New Zealand.
Indigenous Legal Traditions by Law Commission of Canada Pdf
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Author : Marc Alain,Raymond R. Corrado,Susan Reid Publisher : University of Toronto Press Page : 384 pages File Size : 42,5 Mb Release : 2016-04-06 Category : Law ISBN : 9781442630123
Implementing and Working with the Youth Criminal Justice Act across Canada by Marc Alain,Raymond R. Corrado,Susan Reid Pdf
Since its implementation in 2003, the Youth Criminal Justice Act has been the subject of intense political and scholarly debate. A complicated mixture of provisions intended to provide harsher punishments for serious violent crimes while encouraging positive, non-punitive interventions in less serious cases, its impact on the youth justice system remains controversial. Implementing and Working with the Youth Criminal Justice Act across Canada provides the first comprehensive, province-by-province analysis of how each Canadian jurisdiction has implemented the Act in accordance with its own history, traditions, and institutional arrangements. Drawing on in-depth interviews with probation officers, counselors, educators, and social workers, the contributors use the experiences of practitioners to offer a new analytical perspective on a complicated and contentious aspect of the Canadian justice system. Their conclusions provide vital policy and program information for researchers, practitioners, and policy makers concerned with Canada’s youth justice systems.
Justice in Aboriginal Communities by Ross Gordon Green Pdf
Canada's criminal justice system has had a troubled relationship with Aboriginal people. This discord can be seen in disproportionally high rates of incarceration and in the limited recognition given by the conventional system to the needs and values of Aboriginal communities. To compound matters, many remote communities are served by fly-in circuit courts, which visit the communities once a month, pronounce judgement on the cases presented to them, and then leave. Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based. He then contrasts those values with Aboriginal concepts of justice. Against this backdrop, he introduces sentencing and mediation alternatives currently being developed in Aboriginal communities, including sentencing circles, elder and community sentencing panels, sentence advisory committees, and community mediation projects. At the heart of the book are case studies of northern communities, which Green uses to analyse the successes of and challenges to the innovative approaches to sentencing currently evolving in Aboriginal communities across the country. He concludes with a discussion of the ways in which the Canadian criminal justice system can facilitate or obstruct such innovations. This book is based on the author's scholarly research; field trips to the communities profiled; interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees; and the author's personal experiences as a defence lawyer in northeastern Saskatchewan. This book is aimed at those concerned with criminal justice as well as practicing lawyers.
This report provides an in depth look at what is currently being done to reduce the high levels of Indigenous youth contact with the criminal justice system. The statistics for the rate of detention of Indigenous youth are alarming and require the Australian Government to take further action. The committee makes 40 recommendations and focuses on a range of prevention and early intervention measures including: rebuilding positive social norms; targeting health and substance abuse; improving education attendance and pathways to employment; and improving the coordination of services in the justice sphere.
Aboriginal people are grossly over-represented before the courts and in our gaols. Despite numerous inquiries, State and Federal, and the considerable funds spent trying to understand this phenomenon, nothing has changed. Indigenous people continue to be apprehended, sentenced, incarcerated and die in gaols. One part of this depressing and seemingly inexorable process is the behaviour of police. Drawing on research from across Australia, Chris Cunneen focuses on how police and Aboriginal people interact in urban and rural environments. He explores police history and police culture, the nature of Aboriginal offending and the prevalence of over-policing, the use of police discretion, the particular circumstances of Aboriginal youth and Aboriginal women, the experience of community policing and the key police responses to Aboriginal issues. He traces the pressures on both sides of the equation brought by new political demands. In exploring these issues, Conflict, Politics and Crime argues that changing the nature of contemporary relations between Aboriginal people and the police is a key to altering Aboriginal over-representation in the criminal justice system, and a step towards the advancement of human rights.
Choices and Consequences by Canada. Solicitor General Canada,Canada. Aboriginal Corrections Policy Unit Pdf
This document summarizes discussions that took place at a gathering of government and Aboriginal community representatives to discuss how Aboriginal offenders might help to prevent Aboriginal youth from becoming offenders in the future. Topics discussed include: how to reach young people; using offenders as resources; follow-up; traditions and protocol; elders and mentors; funding; mentoring project ideals.
