scholarly journals Agents of restorative justice? Probation officers in the child justice system

2016 ◽  
Author(s):  
Thulane Gxubane
Keyword(s):  
Social Workers ◽  
Restorative Justice ◽  
Justice System ◽  
Probation Officers ◽  
Young Offenders ◽  
Social Policies ◽  
Developmental Approach ◽  
Prevention Of Crime

Probation officers, like generic social workers, have been and continue to be implementers rather than generators of social policies. Yet, probation officers have an important role to play in transforming the child justice system as they are central to the administration of child justice. This article argues that the Child Justice Bill (B49 of 2002) needs to be aligned with other pieces of legislation and policies that reflect a developmental approach and response to crime. The developmental approach will not only maximise the opportunities for meaningful interventions that could translate into prevention of crime and recidivism among young offenders, but will also have long-term benefits for the young offenders, their victims and society in general.

‘I Would Have Been Able to Hear What They Think’: Tensions in Achieving Restorative Outcomes in the English Youth Justice System

Youth Justice ◽  
2011 ◽  
Vol 11 (3) ◽  
pp. 250-265 ◽  
Author(s):  
Alex Newbury
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Young Offenders ◽  
Structured Interviews ◽  
Youth Justice ◽  
Face To Face ◽  
Present Practice ◽  
English System ◽  
Youth Offender

This article presents findings from in-depth, semi-structured interviews with young offenders and Victim Liaison Officers, and observations of youth offender panels. It focuses upon the attitudes of young offenders towards victims and their reactions to the prospect of meeting the victim of their offending face-to-face as part of their referral order. Significant tensions between the aspirations of restorative justice and the reality of present practice in the English system are examined. The article proposes change in relation to justice disposals for incipient young offenders, particularly in relation to the ubiquitous use of restorative justice approaches for this group.

scholarly journals Norwegian Youth Punishment - Opportunity or Trap?

2017 ◽  
Vol 5 (1) ◽  
pp. 37 ◽  
Author(s):  
Morten Holmboe
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Young Offenders

The question of how the criminal justice system should deal with young offenders is an old one. Traditionally, the Norwegian criminal justice system has held that it should treat young offenders less severely than adults. The use of imprisonment is therefore restricted. In 2014, Norway implemented two new kinds of penal reactions directed towards young offenders, youth follow-up and youth punishment, inspired by the ideas underpinning restorative justice. The intention of youth punishment is that it is more severe but better suited than community sentencing when young people commit serious crimes. Consequently, the use of imprisonment for young offenders should be further reduced. In this article, I describe the rules concerning the sentencing and executing of youth punishment. Overall, I am of the opinion that while the premise underlying youth punishment is sound, the rules need to be amended to better reflect the expressed intent of the legislator.

scholarly journals Triage: line or nets? Early intervention and the youth justice system

2014 ◽  
Vol 13 (4) ◽  
pp. 147-160 ◽  
Author(s):  
Sarah Soppitt ◽  
Adele Irving
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Design Methodology ◽  
Qualitative Data ◽  
Youth Justice ◽  
Content Type ◽  
The Impact ◽  
First Time

Purpose – The purpose of this paper is to present a discussion of the value of early diversion schemes, underpinned by the principles of restorative justice (RJ), for First Time Entrants (FTEs) into the criminal justice system (CJS). Design/methodology/approach – The paper focuses specifically on the findings of a 12-month study into the introduction of “Triage” by one Youth Offending Team (YOT) in the northeast of England. Findings – Re-offending data suggested that Triage is more effective in reducing re-offending than conventional justice practices, due to the restorative nature of the scheme. However, the qualitative data raised a number of issues, particularly relating to problems of “net-widening” and the impact of recording processes on young people's desistance, as well as the role of victim engagement in the process. These issues could undermine the long-term effectiveness of Triage and its successful application within other youth justice contexts. Originality/value – The paper aims to contribute further understanding regarding the impacts of RJ practices on reducing re-offending compared to traditional processes, and in particular, consider the role of implementation issues in the production of outcomes and impacts.

Mediation in the work of a family assistant

2019 ◽  
Vol 34 (1) ◽  
pp. 87-101
Author(s):  
Agnieszka Lewicka-Zelent
Keyword(s):  
Literature Review ◽  
Social Workers ◽  
Family Support ◽  
Restorative Justice ◽  
Family Environment ◽  
Institutional Support ◽  
Probation Officers ◽  
Modern Family ◽  
Social Competences

Mediation is used more and more commonly by specialists in working with other people. Its principles are used by teachers, lawyers, social workers, probation officers etc. Rarely, however, it is presented in the context of tasks performed by family assistants. The aim of the article is to reflect on the possibilities of using it by these specialists working in a family environment where institutional support is necessary. Preliminary considerations concern the specifics of the needs of the modern family and the assumptions of the restorative justice paradigm in the field of mediation – one of its constructive forms of conflict resolution. Literature review allows to indicate the place of mediation in the work of family assistants in the aspect of: formally and informally fulfilling the role of mediator, transferring knowledge about mediation to clients, developing clients’ social competences and cooperation with other family support specialists.

British Asian Girls, Crime and Youth Justice

Youth Justice ◽  
2009 ◽  
Vol 9 (3) ◽  
pp. 239-253 ◽  
Author(s):  
Sunita Toor
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Young Offenders ◽  
Youth Justice ◽  
Insight Into

This article provides an understanding of the role of honour ( izzat) and shame ( sharam) in the lives of British Asian girls. It indicates key facets embedded in izzat and sharam that determine and shape the experience of punishment for Asian criminal girls in Britain. In addition, the article provides an insight into why, as a consequence of izzat and sharam, Asian girls are especially invisible as offenders in the youth justice system. Finally, an understanding of izzat and sharam highlights the limitations of using restorative justice practices with Asian young offenders.

A Feminist Call for Transforming the Criminal Justice System

Affilia ◽  
2016 ◽  
Vol 32 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Judith S. Willison ◽  
Patricia O’Brien
Keyword(s):  
United States ◽  
Social Justice ◽  
Criminal Justice ◽  
Social Workers ◽  
Restorative Justice ◽  
Justice System ◽  
Mass Incarceration ◽  
The United States ◽  
Incarcerated Women ◽  
The Past

In the past 30 years, the number of incarcerated women in the United States has increased at a faster rate than that of men. This article outlines the ideologies and mechanisms of the “Prison Nation” and calls on social workers to conceptualize the effects of mass incarceration of women as an urgent social justice issue. We call for feminist social workers to adopt an anti-oppressive orientation to justice-involved women, build social work responses around national reform measures, and advocate for decarceration and restorative justice as a paradigm for responding to women’s involvement in systems which criminalize them.

scholarly journals Asking for Young Offenders: What is the Fate of Restorative Justice within Nigeria's Discretionary Diversion Policy?

2021 ◽  
Vol 6 (1) ◽  
pp. 71-101
Author(s):  
Collins Okoh
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Empirical Studies ◽  
Policy Framework ◽  
Young Offenders ◽  
Best Interest ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Formal Justice ◽  
Discretionary Powers

The young offenders’ justice system in Nigeria represents an area where the law has failed to respond properly to the needs it was designed for. Many empirical studies conducted over 17 years show that young offenders in Nigeria are continuously subjected to the state-sanctioned processes and practices—the formal justice system—which goes against the best interest of the child principle. This is despite the fact that Nigeria has ratified the United Nations Convention on the Rights of the Child and domesticated it through the Child’s Rights Act 2003 (CRA). The problem is that the diversion policy framework under the CRA offers discretionary powers to state officials who drive the formal justice system. This allows these officials to choose whether to divert cases and to select which restorative justice mechanisms to divert to at any level of the young offenders’ justice system. This paper argues that taking away such discretionary powers can help to improve the treatment of young offenders under the Nigerian  criminal justice system. Drawing lessons from New Zealand, this paper suggests, among others, a mandatory diversion policy for a committed practice of juvenile restorative justice in Nigeria.

scholarly journals PUBLIC SECURITY AND PREVENTIVE MEASURES IN POLICE LAW

2017 ◽  
Vol 2 (79) ◽  
pp. 4
Author(s):  
Aleksandrs Matvejevs
Keyword(s):  
Crime Prevention ◽  
Justice System ◽  
Fear Of Crime ◽  
Well Being ◽  
Business Community ◽  
Community Safety ◽  
Costs Of Crime ◽  
Prevention Of Crime ◽  
Significant Return

Crime prevention involves activities that seek to prevent crime and offending before it occurs. It includes activities which address fear of crime. The prevention of crime requires individuals, communities, business, community organizations and all levels of government to work together. Crime prevention can reduce the long term costs associated with the criminal justice system and the costs of crime, both economic and social, and can achieve a significant return on investment in terms of savings in justice, welfare, health care, and the protection of social and human capital. A safe and secure society is an important foundation for the delivery of other key services. Community safety and security is a prerequisite for sound economic growth through continuing business investment as well as community well-being and cohesion.

RESTORATIVE JUSTICE WITH YOUTH SEX OFFENDERS: ISSUES FOR PRACTICE

2017 ◽  
Vol 26 (2) ◽  
pp. 241-259
Author(s):  
Thulane Gxubane
Keyword(s):  
Sex Offenders ◽  
Restorative Justice ◽  
South African ◽  
Justice System ◽  
Work Practice ◽  
Social Work Practice ◽  
Youth Offenders ◽  
African Child ◽  
Doctoral Study ◽  
South African Child

The South African child justice system has adopted the philosophy of restorative justice in the management of child and youth offenders in general as reflected in the preamble of the Child Justice Act 75 of 2008. Whilst restorative justice has been easily applied to less serious youth crimes generally, there seems to be some reservations regarding its appropriateness to dealing with youth sex offenders. This article looks at restorative justice approach within the context of diversion and seeks to highlight practice issues that need to be considered with regard to the application of the aforementioned approach in dealing with youth sex offenders. The article draws from the findings of a Doctoral study that the author conducted which explored this area of social work practice.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

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