scholarly journals Practice Notes: Understanding the purpose of youth justice in New Zealand

2017 ◽  
Vol 20 (3) ◽  
pp. 63-70 ◽  
Author(s):  
Mike Doolan
Keyword(s):  
Social Workers ◽  
Community Service ◽  
Justice System ◽  
Due Process ◽  
Service Providers ◽  
Collective Responsibility ◽  
Youth Justice ◽  
Administration Of Justice ◽  
The Law ◽  
Almost All

The administration of justice can become an arid procedural concern when practitioners lose sight of purpose. This article focuses on the purposes of the youth justice provisions of the Children, Young Persons and Their Families Act 1989. After traversing New Zealand’s historical responses to children who offend and contrasting the conceptual underpinnings of those approaches with current legislation, the article identifies the three key aims of youth justice reform which took place during the late 1980s – providing due process guarantees; finding alternatives to enmeshing young people and their families in the formal criminal justice system; and promoting culturally respectful processes. The author argues that almost all of the procedures of the legislation link to one or other of these aims and by understanding these linkages, all youth justice practitioners – judges, legal advocates, coordinators, social workers, police and community service providers – can ensure the intentions of the law are not lost in the exigencies of the day-to-day activity. The article concludes by proposing that all youth justice practitioners, in addition to their role-specific functions, have a collective responsibility to ensure the mandate of the law is given effect.

The Experiences and Perspectives of African-Australian Community Service Providers Who Work with At-Risk and Justice-Involved Youth

2021 ◽  
pp. 0306624X2110226
Author(s):  
Stephane Shepherd ◽  
Aisling Bailey ◽  
Godwin Masuka
Keyword(s):  
Risk Factors ◽  
At Risk ◽  
Young People ◽  
Service Delivery ◽  
Community Service ◽  
Service Providers ◽  
Professional Staff ◽  
Youth Justice ◽  
Complex Needs ◽  
Australian Community

African-Australian young people are over-represented in custody in the state of Victoria. It has been recognized in recent government and stakeholder strategic plans that African-Australian community service providers are well placed to help address the increasing complex needs of at-risk African-Australian youth. However little is known about the capacities of such providers to effectively contend with this growing social concern. In response, this study aimed to explore the perspectives and operational (service delivery and governance) experiences of African-Australian community organizations which provide services to at-risk young people in Victoria. Through a series of in-depth interviews with the leadership of eight key African-Australian service providers, we aimed to identify their perceived strengths, obstacles faced and proposed strategies to realize key objectives. Perspectives on key risk factors for young African-Australian justice system contact were also gathered. Several themes were extracted from the interviews, specifically (i) Risk factors for African-Australian youth justice-involvement (school disengagement, peer delinquency, family breakdown, intergenerational discord, perceived social rejection), (ii) The limitations of mainstream institutions to reduce African-Australian youth justice-involvement (too compliance focused, inflexible, business rather than human-centered, disconnected from communities and families), (iii) The advantages of African-Australian community service providers when working with African-Australian youth (community credibility, client trust, flexibility, culturally responsive), (iv) The challenges faced by African-Australian service providers (lack of funding/resources, professional staff shortages, infrastructural/governance limitations), and (v) “What works” in service provision for at-risk African-Australians (client involvement in program design, African staff representation, extensive structured programming matched with client aspirations, prioritizing relationship building, persistent outreach, mental health and legal literacy for clients and families). Implications for service delivery and social policy are discussed within.

FISCAL EQUIVALENCE: PRINCIPLE AND PREDATION IN THE PUBLIC ADMINISTRATION OF JUSTICE

2021 ◽  
Vol 38 (1) ◽  
pp. 244-265
Author(s):  
Emily C. Skarbek
Keyword(s):  
Public Administration ◽  
Equivalence Principle ◽  
Justice System ◽  
Service Providers ◽  
The Political ◽  
The Public ◽  
Local Police ◽  
Administration Of Justice ◽  
Internal Pressures ◽  
And Control

AbstractFiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur when the benefits of the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior.

Der Wandel im Berufsbild der Anwaltschaft

2021 ◽  
Author(s):  
Cornelius Wefing
Keyword(s):  
Service Provider ◽  
Legal Profession ◽  
Legal Rights ◽  
Administration Of Justice ◽  
The Law ◽  
Professional Image ◽  
Almost All

The legal profession seems to be undergoing a change; the lawyer - de lege lata an independent organ of the administration of justice and member of a liberal profession - is now increasingly appearing as a profit-oriented service provider. This development is accompanied by a deregulation of the legal profession, the decrease of specific legal rights and obligations in almost all areas. One area that is exemplary in every respect is the law on advertising by lawyers, whose gradual liberalization - as this work impressively shows - is perhaps the strongest, but in any case the most striking expression of the change in the professional image of the legal profession.

2. The English Legal system, Constitution, and Human Rights

Business Law ◽  
2020 ◽  
pp. 15-42
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Justice System ◽  
Administration Of Justice ◽  
The Law ◽  
The Uk

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.

2. Law, the Constitution, EU Membership, and Human Rights

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Justice System ◽  
Eu Membership ◽  
Administration Of Justice ◽  
The Law ◽  
The Uk

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.

scholarly journals Islamic criminal procedure law: human rights issues

2020 ◽  
Vol 23 (10) ◽  
pp. 47-57
Author(s):  
Yusif Mamedov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Due Process ◽  
Economic Status ◽  
Burden Of Proof ◽  
The Law ◽  
The Right

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

scholarly journals Appraising the Legal Position of Parents Under The Qiṣāṣ Law: Immunity or A Waiver

2018 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Due Process ◽  
Islamic Law ◽  
Human Beings ◽  
Bodily Harm ◽  
Significant Element ◽  
Legal Position ◽  
The Law

Islam always enjoins the believer to be their brother’s keeper. They should protect, respect, and preserve the honor and integrity of their fellow human beings. The religion does not allow any harm to be inflicted upon any person without following the due process of the law. Islām considers the concept of rendering “justice for all” as a very significant element in its criminal justice system. Thus, the Islāmic law of crimes and torts (jināyāt) spares no expense and defines all the crimes and as well as their prescribed punishments. The law punishes offenders equally regardless of their biological status, sex, affiliation, or background. However, in some circumstances, the law mitigates punishments in favor of specific people without exonerating them in toto from liability. Mitigation of punishment in Islām therefore, cannot be seen as a grant of immunity since the main objective of the law is to maintain justice amongst all. In recent times, many people hide under the guise of the law in order to take advantage of their actions. Many cases of murder and grievous bodily injuries were alleged to have committed by persons whose responsibilities were to provide protection to their murdered or injured victims. Parents are known to be producers and protectors of their progeny, but quite number of them nowadays are alleged to have committed or aided or abetted the crimes of murder or infliction of bodily harm against their progeny. Hence, this fact cannot be detached from the misconception that is deeply involved in demarcating between “immunity” and “a waiver” under the law of Qiṣāṣ. It is based on this fact that the paper examines the position of parents vis-a-vis the law of Qiṣāṣ with a view to differentiate the concept of “waiver” from that of “immunity”.

scholarly journals CONSTRUCTION OF CHILDREN UNDER 12 YEARS OF AGE IN CONFLICT WITH THE LAW IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA

2021 ◽  
Vol 9 (10) ◽  
pp. 252-260
Author(s):  
Eko Iswahyudi ◽  
◽  
I. Nyoman Nurjaya ◽  
Nurini Aprilianda ◽  
Bambang Sugiri ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Community Service ◽  
Justice System ◽  
Criminal Responsibility ◽  
Literature Study ◽  
Criminal Sanctions ◽  
Legal Obligations ◽  
The Law ◽  
The Republic

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.

scholarly journals POPULATION CRITERIA AND BUDGETARY DETERRANT: DETERMINING FACTORS IN THE QUALITY OF THE SPANISH CRIMINAL JUSTICE SYSTEM

2021 ◽  
Vol 3 (4) ◽  
pp. 84-108
Author(s):  
Tomás Bastarreche
Keyword(s):  
Justice System ◽  
Due Process ◽  
Fundamental Rights ◽  
District Courts ◽  
Administration Of Justice ◽  
Determining Factors ◽  
Assess Quality ◽  
Do So ◽  
Judicial Performance

What is the quality of justice? As Melcarne and Ramello (2019) have recently pointed out, there is no clear interaction between quality and quantity in understanding or measuring judicial performance. However, the lack of human resources is often blamed for delays in the delivery of decisions (quantity) in most judicial systems - and could in fact mean a violation of the principle of due process. However, the study shows how difficult it is to assess quality, since even quantity (in fact calculable) cannot always be a trustful variable to measure it. In Spain, it is possible to assume that penal judges work more or less the same. Yet, not all judgments have the same quality. The problem is in the District Courts (some of insufficient size) with provincial criminal jurisdiction. They constantly run the risk - and do so - of breaching the principle of judicial impartiality. This does not happen in the Spanish Supreme Court or in the large District Courts. It is a problem in the judicial performance of justice and in the Administration of Justice. Yet, there are no budgetary or even regulatory stimuli to resolve this situation. A situation that implies a breach of the principles of due process and therefore of the fundamental rights of the accused.

scholarly journals The Life Changer: Social Workers in Rehabilitation Facilities for Child in Conflict with the Law

2021 ◽  
Vol 11 (1) ◽  
pp. 33-44
Author(s):  
Mark Erana Patalinghug
Keyword(s):  
Social Workers ◽  
Justice System ◽  
Phenomenological Study ◽  
Juvenile Justice System ◽  
Negative Experiences ◽  
Special Services ◽  
Productive Activities ◽  
The Social ◽  
Rehabilitation Facilities ◽  
The Law

Delinquent minors are offered special services intended to prevent them from entering the juvenile justice system. Through productive activities, delinquents are trained to acquire socially acceptable behavior with the help of social workers. This phenomenological study explored the social workers' experiences in handling juvenile cases. The study focused on 10 social workers from rehabilitation facilities of children in conflict with the law in the Zamboanga Peninsula Region, Philippines. The result of the study revealed that working with the juvenile's case, social workers have encountered positive and negative experiences. The study leads to the challenges and plight of social workers in their day-to-day activity in juvenile case management. As for how the participants coped with the challenges, they have been mentored and adjusted very well like their work. They also managed their challenges by viewing them as advocacy and service to humanity through altruistic activities.  

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