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Diversion of Indigenous Juvenile Offenders by Lucy Snowball Pdf
Conferencing and cautioning are used as diversionary alternatives in the juvenile justice system and there is evidence to suggest they reduce reoffending. As Indigenous young people are overrepresented in the juvenile justice system, an important question is whether they are as likely to be diverted as non-Indigenous young people. This study used modelled data to examine juveniles' contact with the police and courts, and the differences in juvenile diversionary rates for Indigenous and non-Indigenous offenders in New South Wales, South Australia and Western Australia in 2005. For all states, Indigenous young offenders were more likely than non-Indigenous offenders to be referred to court, non-Indigenous offenders were more likely to receive a police caution, and males and older offenders were more likely to be diverted. The number of prior contacts was similar for all states, with more contacts reducing the likelihood of diversion and with less likelihood of diversion for offenders committing offences against a person. As Indigenous young offenders are more likely to have multiple prior contacts with the system, including detention, further research is needed into the reasons for their high reoffending rates.
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.
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.
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.
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.
Juvenile Crime and Juvenile Justice by Christine Alder Pdf
Papers from a 1997 Australian forum. Issues discussed include: the effectiveness of particular juvenile justice programmes; juvenile recidivism; the rate of criminalisation and incarceration of indigenous young people; issues facing young women; restorative justice.
Responding to Substance Abuse and Offending in Indigenous Communities by Jacqueline Joudo Pdf
This report outlines the diversion programs currently operating, including those for Indigenous offenders. Issues concerning access to diversion programs, and barriers to participation and completion, determine the effectiveness of programs. Of interest to policymakers are issues raised in relation to the expansion of programs for participants and support services to cover drugs outside the scope of current diversion programs, wider and clearer dissemination of information to improve access, improving opportunities to access treatment, the need for appropriate treatment services and review of eligibility criteria for drug diversion programs.
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.
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.
Youth Justice and Penality in Comparative Context by Barry Goldson,Chris Cunneen,Sophie Russell,David Brown,Eileen Baldry,Melanie Schwartz,Damon Briggs Pdf
This book represents the first major analysis of Anglo-Australian youth justice and penality to be published and it makes significant theoretical and empirical contributions to the wider field of comparative criminology. By exploring trends in law, policy and practice over a forty-year period, the book critically surveys the ‘moving images’ of youth justice regimes and penal cultures, the principal drivers of reform, the core outcomes of such processes and the overall implications for theory building. It addresses a wide range of questions including: How has the temporal and spatial patterning of youth justice and penality evolved since the early 1980s to the present time? What impacts have legislative and policy reforms imposed upon processes of criminalisation, sentencing practices and the use of penal detention for children and young people? How do we comprehend both the diverse ways in which public representations of ‘young offenders’ are shaped, structured and disseminated and the varied, conflicting and contradictory effects of such representations? To what extent do international human rights standards influence law, policy and practice in the realms of youth justice and penality? To what extent are youth justice systems implicated in the production and reproduction of social injustices? How, and to what degree, are youth justice systems and penal cultures internationalised, nationalised, regionalised or localised? The book is essential reading for researchers, students and tutors in criminology, criminal justice, law, social policy, sociology and youth studies.
Diversion from the Juvenile Justice System and Its Impact on Children by Sharon Moyer Pdf
"This review summarizes and assesses research and commentary on : the agencies that traditionally screen young people to and from the juvenile justice system; and the "new diversion" which is currently being proposed to supplement the exercise of discretion by formal and informal institutions. It is emphasized that informal decisions have always been an integral part of the community's handling of delinquency, although the extent to which this discretion is exercised varies greatly by location. In the examination of the work in these areas, there is an attempt made -- a) to clarify how decisions to screen children from court intervention are being made now, and -- b) to consider the consequences of altering these practices by the introduction of formal diversion."--Page [ii].
Seen But Not Heard by Carol La Prairie,Canada. Department of Justice. Communications and Consultation Branch,Canada. Aboriginal Justice Directorate Pdf
This research was carried out under the auspices of the Department of Justice, Aboriginal Justice Directorate. In addition to exploring the issue of persistent over0involvedment as offenders with the criminal justice system, the research provides a "voice" to a particularly disadvantaged group of urban native people - a group usually "seen but not heard". It is about a very specific group of aboriginal people - those who reside in inner or core areas of cities, and those who use inner-cities services. Their lives are explored in an attempt to shed light on their persistent over-involvement in the criminal justice system.
Pre-court Diversion in the Northern Territory by Teresa Cunningham Pdf
A juvenile pre-court diversion scheme was introduced in the Northern Territory in 2000. Administered by police, it uses warnings and conferences to divert selected juveniles from the court process. This paper reports on an analysis of Northern Territory police records on 3,597 apprehended juveniles over a 5 year period. Findings showed that the great majority of juveniles (76%) did not reoffend within the first year after their initial diversion or court appearance. However, there were significant differences between juveniles who attended court and those who were diverted, both in terms of risk of reoffending and time to reoffending. Those who were diverted reoffended less than those who attended court and those who went to court reoffended more quickly. Property offenders who attended court were 30% more at risk of reoffending than violent offenders. Further work is required to see if the different effects for court versus diversion remain if prior offending history is taken into account. The significant differences in offending related to age, gender, Indigenous status and location confirm the need for specific responses to particular groups of juveniles.
In this outstanding new study Don Weatherburn confronts the data, appalling as they are, with his characteristic plain speaking and good sense. No excuses are offered, or simple solutions applied. — Mark Finnane, ARC Australian Professorial Fellow, Griffith University This is a provocative and courageous book by a well-respected criminologist, offering a critique of the over-representation of Indigenous people in custody and of the programs and approaches that are attempting to ameliorate the situation…All Australians owe it to Indigenous Australians to reduce these rates of incarceration. — Dr Maggie Brady, CAEPR, ANU Finally Weatherburn reviews some of the clumsy theorizing that have been at the centre of the debates about the overrepresentation of Indigenous Australians in our criminal justice system since the Royal Commission into Aboriginal Death inCustody in the early 1990s. — Rod Broadhurst, Professor of Criminology at the ANU Despite sweeping reforms by the Keating government following the 1991 Royal Commission into Aboriginal Deaths in Custody, the rate of Indigenous imprisonment has soared. What has gone wrong? In Arresting incarceration, Dr Don Weatherburn charts the events that led to Royal Commission. He also argues that past efforts to reduce the number of Aboriginal Australians in prison have failed to adequately address the underlying causes of Indigenous involvement in violent crime; namely drug and alcohol abuse, child neglect and abuse, poor school performance and unemployment.
The UN Convention on the Rights of the Child by John Tobin Pdf
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict and the Sale of Children, Child Prostitution and Pornography. It offers a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
