Over-represented and misunderstood: Pacific young people and juvenile justice in NSW

2016 ◽  
Vol 50 (4) ◽  
pp. 529-547 ◽  
Author(s):  
Marg Liddell ◽  
Meredith Blake ◽  
Supriya Singh

In New South Wales, Australia, statistics show that Pacific young people are over-represented in the juvenile justice system. They enter later than other young offenders, frequently for violent offending. Drawing on research with Pacific young people on correctional orders, their families and communities, we outline the reasons for their over-representation using a risk and protective paradigm. Family connections, religious faith and cultural identity are reportedly strong for Pacific young people, but they struggle to negotiate differences between Pacific and Australian cultures. Misunderstanding of these issues and Pacific young people’s typical offending trajectory results in a lack of interventions to reduce this offending behaviour. This article makes a contribution to knowledge of a rarely researched group of young people in the juvenile justice system. It highlights the need for increased awareness of issues that Pacific young offenders face.

Author(s):  
Simon Tabe

The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of juvenile crime.


1993 ◽  
Vol 18 (1) ◽  
pp. 14-19
Author(s):  
Lynn Atkinson

The first section of the paper makes some observations about young people, crime and the police, and the particular vulnerability of Aboriginal youth coming to the attention of the police. Two issues, the maintenance of public order and juvenile offending, provide the framework for the discussion here. The second section looks at the nexus between the pre-trial conference - a recent innovation in the Children's Court in Perth - police prosecutors, and Aboriginal youth.


PEDIATRICS ◽  
1978 ◽  
Vol 62 (5) ◽  
pp. 697-697
Author(s):  
L. Harris

Today, when some critics of our juvenile-justice system are complaining that the system is incompetent in dealing with violent young criminals, other critics are complaining that it is showing amazing efficiency in locking up—often for long periods—troubled young people who have not been charged with committing any crime, violent or otherwise. Such young people, they point out, represent approximately forty per cent of the hundred thousand-odd children who will be sent to jail this year for at least twenty-four hours and of the twelve thousand who will be placed in juvenile-detention centers every day. These children, who are variously labelled Persons in Need of Supervision (PINS), Children in Need of Supervision (CINS), Juveniles in Need of Supervision (JINS), or Wayward Minors, depending on the state they live in, will be guilty of nothing more serious than being a burden or a nuisance. They are not juvenile criminals—they have committed no act for which an adult could be prosecuted. Mainly, they are children who are truant from school, who have run away from home, or whose parents (the majority of them poor) find them too difficult to manage. Under one name or another, the PINS judicial category is written into the laws of forty-one states, and children who are assigned to it occupy, according to one estimate, as much as forty-one per cent of the case load of juvenile courts.... Underlying all the state statutes [is] the doctrine of parens patriae drawn from English chancery law—that the court could act to resolve the problems of troubled children as if it were a parent.


1984 ◽  
Vol 30 (4) ◽  
pp. 624-647 ◽  
Author(s):  
Arnold Binder ◽  
Gilbert Geis

For a variety of reasons, some valid, many irrelevant, it has become fashionable within sociological criminology to condemn juvenile diversion. Participants in the condemnatory rituals identify each other as insiders by catchy words and phrases (like “widening the net”), and frequently substitute rhetoric for logic in their argumentation aimed both at gaining cultic recognition and winning over the unwary. Perhaps the most damaging consequence is the forfeiture of influence in an important social process by a large array of social scientists. Contrary to the predictions of some in the cult, diversion remains a flourishing mode of serving young offenders, as indeed it must so long as the present juvenile justice system remains in operation.


Author(s):  
Marie Dumollard

This article examines the support provided by Quebec’s juvenile justice system for young people classified as offenders who transition to adulthood and who are in open custody. Analyzing life-course narratives of these young people, it highlights the paradoxical nature of penal interventions that, vacillating between support and control, simultaneously enable and constrain the development of autonomy. Faced with restrictive and contradictory institutional regulations, young people adapt their relationship to socio-judicial services by adopting three types of attitude.


Author(s):  
Tom R. Tyler ◽  
Rick Trinkner

Chapter 9 discusses legal socialization within the juvenile justice system. Adolescence is a developmental period during which many young people have contact with legal authorities, primarily the police. These contacts involve high levels of discretion for law enforcement, and studies show the manner in which that discretion is exercised has strong consequences for the subsequent orientations that adolescents have toward the law as well as their later law-related behavior. In particular, adolescents react to how fairly the authorities treat them. Juvenile justice is a particularly contentious area of policy with many punitive practices advocated in spite of evidence that they do not build legitimacy or reduce crime. On the other hand, experiencing justice is shown to promote legitimacy and lower offending.


2008 ◽  
Vol 37 (1) ◽  
pp. 165-177 ◽  
Author(s):  
Christine Edwards-Groves ◽  
With Colleen Murray

AbstractIn this article the perceptions of school experiences by male Aboriginal youth at risk of becoming in contact with the juvenile justice system are presented. These adolescent boys, from inland rural New South Wales, attend Tirkandi Inaburra Cultural and Development Centre (Tirkandi). Tirkandi is a short term residential centre designed to provide at risk boys with an opportunity to participate in strengths-based culturally appropriate educational, cultural, social and personal programs. In this study, participants give detailed accounts of schooling describing their lives as students. Their voices offer a powerful insight into the situated construction of agency and identity in classroom life, culture and learning among Aboriginal students. They serve as a window in to how perceptions and voice are socially-culturally-politically configured – both in their production and deployment. Further, they show the complexity and deeply problematic nature of how individuals' lived experiences collide across contexts when these contexts operate in isolation. The insider's voices, presented in this paper, are significant because they offer valuable insights that will encourage educators to be challenged by therelational architecturesdominating teaching practices. These voices form not just the backdrop but the centerpiece for discussion in this paper.


Criminologie ◽  
2005 ◽  
Vol 19 (1) ◽  
pp. 189-213 ◽  
Author(s):  
Jean Trépanier

This paper provides an overview of some of the changes undergone by the juvenile justice system in Quebec since 1960, with a particular attention to the evolution of its legal framework. Major legislative changes have stressed children's rights and diversion. The underlying philosophy of the law has been changed extensively, particularly concerning young offenders. Statistics reveal that the number of court referrals has increased considerably over time, and that diversion policies have been unable to change this trend. Juvenile court dispositions seem to show a greater degree of intervention than before.


1984 ◽  
Vol 30 (2) ◽  
pp. 309-333 ◽  
Author(s):  
Arnold Binder ◽  
Gilbert Geis

For a variety of reasons, some valid, many irrelevant, it has become fashionable within sociological criminology to condemn juvenile diversion. Participants in the condemnatory rituals identify each other as insiders by catchy words and phrases (like “widening the net”), and frequently substitute rhetoric for logic in their argumentation aimed both at gaining cultic recognition and winning over the unwary. Perhaps the most damaging consequence is the forfeiture of influence in an important social process by a large array of social scientists. Contrary to the predictions of some in the cult, diversion remains a flourishing mode of serving young offenders, as indeed it must so long as the present juvenile justice system remains in operation.


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