Restorative youth detention: The way forward?

2020 ◽  
pp. 174889582097325
Author(s):  
Katherine Doolin

This article explores a range of normative, conceptual and practical issues that arise from utilising restorative justice with young people in custody in England and Wales, and considers the appropriateness of doing so within the coercive and oppressive space that prison occupies. It is suggested that, while there are some clear benefits for victims and offenders, there is a need to proceed with caution. This is because children who are incarcerated are particularly vulnerable in addition to simply their age owing to the resilience required to survive a penal system that can be isolating and dangerous, as well as their often complex needs, and difficult life histories. This is also because there is a need to ensure that the process adheres to the ethos of restorative justice, and does not divert attention from the current problems within the youth secure estate or the pressing need to continue reducing child imprisonment.

2009 ◽  
Vol 6 (2) ◽  
pp. 131-141 ◽  
Author(s):  
Christina Clark-Kazak

This paper explores the power dynamics inherent in qualitative research involving migration narratives. Drawing on the author’s experiences collecting life histories and constructing narratives of Congolese young people in Uganda, this article addresses the ethical and methodological issues of representivity, ownership, anonymity and confidentiality. It also explores the importance of investment in relationships in migration narrative research, but also the difficulties that arise when professional and personal boundaries become blurred.


1998 ◽  
Vol 10 (1-3) ◽  
pp. 1-9
Author(s):  
Onno Boonstra ◽  
Maarten Panhuysen

Population registers are recognised to be a very important source for demographic research, because it enables us to study the lifecourse of individuals as well as households. A very good technique for lifecourse analysis is event history analysis. Unfortunately, there are marked differences in the way the data are available in population registers and the way event history analysis expects them to be. The source-oriented approach of computing historical data calls for a ‘five-file structure’, whereas event history analysis only can handle fiat files. In this article, we suggest a series of twelve steps with which population register data can be transposed from a five-file structured database into a ‘flat file’ event history analysis dataset.


Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.


Author(s):  
Stephane Shepherd ◽  
Aisling Bailey ◽  
Godwin Masuka

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.


1980 ◽  
Vol 10 (4) ◽  
pp. 405-420 ◽  
Author(s):  
Olav Irgens-Jensen ◽  
Mons George Rud

In order to provide information on the way in which use of drugs - and of alcohol and tobacco -among young people changes over a period of time, the Norwegian National Institute for Alcohol Research has each spring, since 1968, conducted a survey of the youth of Oslo to determine their use of these drugs. The results are of significance not only from a scientific point of view but also from the point of view of practical policy-making. For instance, since 1974 there does not seem to have been any increase in alcohol consumption among the youth of Oslo, a fact which may reflect the measures which were introduced at that time in order to curb alcohol consumption among young people in Norway.


Legal Studies ◽  
2007 ◽  
Vol 27 (4) ◽  
pp. 604-629 ◽  
Author(s):  
Stuart Macdonald ◽  
Mark Telford

The Anti-Social Behaviour Order (ASBO) is one of the best known measures used to tackle anti-social behaviour. In keeping with the popular conception, the order is frequently used against young people. Of all ASBOs issued in England and Wales up to the end of 2005, roughly 40% were imposed on under-18s. This paper begins with a brief outline of the three principles at the heart of the celebrated Scottish children’s hearings system. With reference to these principles, and to the provisions which govern the use of the order against 12–15 year olds north of the border, the paper then discusses five areas of concern about the use of ASBOs against young people in England and Wales: the readiness to resort to ASBOs; the forum for ASBO applications; the terms of ASBOs; publicising the details of ASBOs; and custodial net-widening. The paper ends by suggesting reforms to the ASBO regime in England and Wales insofar as it is used against young people.


Author(s):  
Leanne Dowse ◽  
Therese M. Cumming ◽  
Iva Strnadová ◽  
Jung-Sook Lee ◽  
Julian Trofimovs

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Hui Jing

Abstract In England, Parliament introduced the ‘necessary interest rule’ through the enactment of section 115 of the Charities Act 2011 (England and Wales), allowing ‘any person interested’ in a charitable trust to initiate charity proceedings against defaulting trustees in their administration of charitable assets. Nevertheless, insufficient attention has been paid to this rule despite it being initially enacted in 1853. Parliament has refrained from clearly defining the rule, and the courts have long been grappling with its meaning in determining whether a person is eligible to sue. This paper studies the necessary interest rule by exploring the way in which the courts have interpreted it and the uncertainties surrounding its operation. It is shown that, in the context of charitable trusts, the concern of securing the due administration and execution of the trust lies at the heart of the rule. The final section of this paper discusses the significant theoretical implications of the necessary interest rule. It considers the beneficiary-enforcer debate concerning the conceptual nature of express trusts and highlights the insights that analysis of the rule can provide into this debate.


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