Youth Understanding & Assertion of Legal Rights: Examining the Roles of Age and Power

2012 ◽  
Vol 20 (3) ◽  
pp. 343-364 ◽  
Author(s):  
Christine Goodwin-De Faria ◽  
Voula Marinos

Young people are entitled to the same legal rights as adults. However past research has questioned the extent to which youth effectively understand their rights and perceive that they can assert them when necessary because of their development and power differences vis-à-vis adult criminal justice professionals. Young people’s understanding of their due process rights under theCanadian Charter of Rights and FreedomsandUnited Nations Convention on the Rights of the Childwere examined. Participants were fifty adolescents ranging in age from 13-17 who received a diversionary response by the Crown prosecutor or were sentenced by the court to probation in a courthouse in Toronto, Ontario. Results of semi-structured interviews conducted with youth indicated that while age plays some role, the lack of power experienced by youth vis-à-vis criminal justice professionals has the most bearing on the inability of youth to exercise their rights. Implications of the study are discussed.

2021 ◽  
Vol 29 (4) ◽  
pp. 835-871
Author(s):  
Nicola Fairhall ◽  
Kevin Woods

Abstract Children’s rights are set out in the United Nations Convention on the Rights of the Child. This systematic literature review aimed to investigate children’s views of children’s rights, at a broad level. Nine papers were included, from a range of countries and contexts. They all accessed the views of children and young people (aged up to 18 years). A content analysis was carried out using a recursive process of hybrid aggregative-configurative synthesis, and themes within children’s views and factors that may affect these were identified. These were ‘awareness of rights’, ‘value placed on (importance of) rights’, ‘impact of having/not having rights fulfilled’, ‘realisation and respect of rights’, ‘equality of rights’, ‘identifying and categorising of rights’, and ‘factors that may affect children’s views’. These were developed into a progression of rights realisation and implications for practice and further research were considered.


2009 ◽  
Vol 34 (3) ◽  
pp. 24-29 ◽  
Author(s):  
David Vicary ◽  
Mike Clare ◽  
Judy Tennant ◽  
Tine Hoult

Internationally, there is a growing trend for children and young people to participate in decisions affecting their lives (Bellamy 2002; Hart 1997). The active participation of children and young people is clearly articulated in the United Nations Convention on the Rights of the Child (1989). However, despite the international movement towards children's participation, there are precious few opportunities for Australian children and young people to contribute to policy and research debate in a sustainable manner. A review of the literature demonstrates that there are few ongoing research or policy advisory groups made up of children and young people, and those that are operational are generally auspiced by Children's Commissioners (e.g. New South Wales) and policy offices addressing the issues of children and young people.In Western Australia, when children and young people are consulted, the dialogues tend to be short-term and issue-specific in nature. This paper will briefly discuss a number of techniques employed to engage Western Australian children and young people in dialogues about important issues affecting their lives. Using these examples, the barriers that challenge efficacious children's and young people's participation are discussed; finally, some suggested ways forward are delineated.


1997 ◽  
Vol 5 (1) ◽  
pp. 23-36 ◽  
Author(s):  
Helen Fenwick

This paper draws attention to the interests of the victim in the criminal justice system in relation to the use of charge bargaining and the sentence discount in UK law. The paper argues that debate in this area tends to assume that these practices, particularly use of the graded sentence discount, are in harmony with the needs of crime control and with the interests of victims, but that they may infringe due process rights. Debate tends to concentrate on the due process implications of such practices, while the ready association of victims' interests with those of crime control tends to preclude consideration of a distinctive victim's perspective. This paper therefore seeks to identify the impact of charge bargaining and the sentence discount on victims in order to identify a particular victim's perspective. It goes on to evaluate measures which would afford it expression including the introduction of victim consultation and participation in charge bargains and discount decisions as proposed under the 1996 Victim's Charter. It will be argued, however, that while this possibility has value, victims' interests might be more clearly served by limiting or abandoning the use of these practices.


Author(s):  
Sonali Shah

Traditionally, disability was considered to be a personal trouble, as opposed to the social issue and public policy concern that it is today. Children with physical and cognitive impairments were shunned away from mainstream society into asylums or workhouses. They were typically discussed and analyzed through a medical lens, pathologized and conceived as a social problem to be regulated, cured, or killed. The emergence of ideologies constructing disabled children and adults as dependent victims unable to contribute to the development of society encouraged the development of charities for disabled people and exploitation of textual and nontextual narratives of the “vulnerable disabled child” to evoke sympathy and induce the public’s financial generosity. The ideological mantra that impairment was the cause of individual and family disadvantage was embedded in the cultural consciousness of society and thus influenced how disabled people (across the lifecourse) “made themselves known” and were made known to others (i.e., as inferior, developmentally delayed, financial and emotional burdens to their family and society). It led to the expansion of the rehabilitation industry and new social policies that focused on altering or incarcerating the impaired body. However this was challenged by the upsurge of the British Disabled People’s Movement in the 1960s and 1970s. Based on the ideas of the Union of Physically Impaired against Segregation, the movement campaigned for social equality and human rights legislation in all spheres of social life and generated a new understanding of disability. With the historic shift in thinking about both childhood and disability as a public issue rather than a personal matter, there has been increasing interest in the social world of both disabled people and all children and young people. The United Nations Convention on the Rights of the Child (particularly Article 12) and the Children Act 1989 initiated subsequent developments with regard to children having a right to be involved in decisions about their lives. The United Nations Convention on the Rights of Persons with Disabilities means that disabled children today are the first generation to grow up in an era of full international civil rights. This bibliography lists works that include the voices and experiences of disabled children and young people in research about their everyday lives, including health and medical treatment, education, and identity. These works demonstrate the richness and diversity of disabled children’s individual lives, thus challenging the traditional conception that disabled children are a homogenous group.


2020 ◽  
Vol 31 (9) ◽  
pp. 1312-1339
Author(s):  
Alisa Smith ◽  
Sean Maddan

Very little research on courts and sentencing outcomes focuses on misdemeanor courts despite the fact that most crime processed through the criminal justice system is misdemeanor in nature. In fact, the overwhelming empiricism in this area is on felony court outcomes at either the federal or state levels. This research utilized a mixed methodology approach, a combination of observation, survey, and secondary data, to explore misdemeanor court outcomes across the State of Florida. In particular, this research focused on the extent of due process afforded misdemeanor defendants and how this impacted case outcomes. Findings indicate an overall lack of due process and awareness of due process rights across the vast majority of cases. This study also explored sentencing outcomes via traditional metrics associated with contemporary sentencing research. Findings suggest that misdemeanor courts processing operate much differently than felony courts. The implications for future research and policy are discussed.


Youth Justice ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 169-187
Author(s):  
Suzanne Ellis ◽  
Natalie Gately ◽  
Shane Rogers ◽  
Andrée Horrigan

Public opinion is often reported as punitive towards sentencing young people. Attitudes remain important to investigate given their potential to influence policy within the criminal justice system. Therefore, it is important to understand the formation of these attitudes and their consistency with sentencing principles. Semi-structured interviews ( n = 72) and surveys ( n = 502) were used to gauge opinions of sentencing young people under different scenario manipulations (age, weapon, drug treatment, prior record). The findings revealed the public expected punishment, but favoured rehabilitation with an opportunity to repent, suggesting the public are open to alternatives to ‘tough on crime’ approaches.


2015 ◽  
Vol 23 (1) ◽  
pp. 52-77 ◽  
Author(s):  
Helen Connolly

The rights and experiences of unaccompanied asylum seeking children living in industrialised nations are rarely seen from the perspectives of children themselves. This paper takes a narrative based approach to report on the lives 29 unaccompanied asylum seeking young people in the uk. The research from which this paper emerges explored the ways in which they thought the rights of the United Nations Convention on the Rights of the Child (1989) were or were not being realised on their behalf. It highlights the significance of making the promises that are held within the uncrc into viable strategies of protection for unaccompanied asylum seeking children as they search for a new place to belong to and a new place that belongs in them.


2010 ◽  
Vol 18 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Nessa Lynch

AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.


Author(s):  
M. Rezaul Islam

This study explored the prevalence and causes of child abuses e.g., physical, emotional, and sexual abuse of child domestic workers in Bangladesh. This study used a mixed method approach. Data sources were 849 child domestic workers, 849 house owners, and 15 development practitioners and experts. A household survey was carried out in three different areas in the Dhaka city. The study employed semi-structured interviews, focus group discussions (FGDs), and observation methods. The results showed that the prevalence of child abuses was very high and manifested physically, emotionally, and sexually among the studied child domestic workers. This was noted as a violation of Bangladesh law and of the United Nations Convention on the Rights of the Child (CRC). The findings of this study could be an important guideline to the policy makers, human rights practitioners, and international human and child rights organisations in seeking to alleviate these violations.


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