scholarly journals 'At the heart of the matter': A comparative analysis of youth justice transformation between New Zealand and South Africa

2021 ◽  
Author(s):  
◽  
Ashley Shearar
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
New Zealand ◽  
Restorative Justice ◽  
Policy Transfer ◽  
International Standards ◽  
Policy Outcomes ◽  
Youth Justice ◽  
Social Entrepreneurs ◽  
Justice Systems

<p>During the mid-1980s, Māori families challenged New Zealand’s social welfare system, reclaiming their right to be involved in decisions about their children. Around the same time, parents and community groups protested the detention of hundreds of children in South Africa during the Apartheid era. These experiences helped shape both countries’ youth justice systems, which reflect restorative justice principles and international standards for children’s rights.  The research reported here is the first in-depth comparative analysis to compare New Zealand and South Africa’s journeys to alter their youth justice systems. It asks the following key questions:  ∙ What were the key conceptual influences that shaped youth justice transformation in New Zealand and South Africa? ∙ What do both countries’ experiences of youth justice transformation reveal about the role of individuals, advocacy coalitions, and international influences in shaping policy and practice?  Using a phenomenological research approach, key role players from both countries were interviewed. These interviews discovered that social entrepreneurial factors gave direction to policy outcomes. All participants described their commitment to changing the status quo following their exposure to the inhumane conditions experienced by children and young people in conflict with the law. This prompted them to promote policies that diverted children from the justice system and prevented re-offending while still holding children to account for their behaviour and encouraging them to repair the harm. The participants explained their motivation to find policy solutions that empowered children, families, and victims. In both countries, social entrepreneurs resisted opposition and joined forces to develop convincing arguments for their position. This research confirmed the advantages of government support to advance social entrepreneurial ventures.  Policy transfer was also found to play a role in the change processes in both countries. This study identifies how both New Zealand and South Africa have lent their policies internationally to contribute to practical youth justice changes in countries seeking to adhere to international standards and to incorporate restorative justice principles. Significant contributions include New Zealand’s family group conference, which has inspired several jurisdictions, as well as South Africa’s diversion programmes, which have particularly benefitted other African countries.</p>

scholarly journals 'At the heart of the matter': A comparative analysis of youth justice transformation between New Zealand and South Africa

2021 ◽  
Author(s):  
◽  
Ashley Shearar
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
New Zealand ◽  
Restorative Justice ◽  
Policy Transfer ◽  
International Standards ◽  
Policy Outcomes ◽  
Youth Justice ◽  
Social Entrepreneurs ◽  
Justice Systems

<p>During the mid-1980s, Māori families challenged New Zealand’s social welfare system, reclaiming their right to be involved in decisions about their children. Around the same time, parents and community groups protested the detention of hundreds of children in South Africa during the Apartheid era. These experiences helped shape both countries’ youth justice systems, which reflect restorative justice principles and international standards for children’s rights.  The research reported here is the first in-depth comparative analysis to compare New Zealand and South Africa’s journeys to alter their youth justice systems. It asks the following key questions:  ∙ What were the key conceptual influences that shaped youth justice transformation in New Zealand and South Africa? ∙ What do both countries’ experiences of youth justice transformation reveal about the role of individuals, advocacy coalitions, and international influences in shaping policy and practice?  Using a phenomenological research approach, key role players from both countries were interviewed. These interviews discovered that social entrepreneurial factors gave direction to policy outcomes. All participants described their commitment to changing the status quo following their exposure to the inhumane conditions experienced by children and young people in conflict with the law. This prompted them to promote policies that diverted children from the justice system and prevented re-offending while still holding children to account for their behaviour and encouraging them to repair the harm. The participants explained their motivation to find policy solutions that empowered children, families, and victims. In both countries, social entrepreneurs resisted opposition and joined forces to develop convincing arguments for their position. This research confirmed the advantages of government support to advance social entrepreneurial ventures.  Policy transfer was also found to play a role in the change processes in both countries. This study identifies how both New Zealand and South Africa have lent their policies internationally to contribute to practical youth justice changes in countries seeking to adhere to international standards and to incorporate restorative justice principles. Significant contributions include New Zealand’s family group conference, which has inspired several jurisdictions, as well as South Africa’s diversion programmes, which have particularly benefitted other African countries.</p>

Restorative Justice through a Children's Rights Lens

2010 ◽  
Vol 18 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Due Process ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Best Interests ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Due Process Rights

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.

Youth Justice in New Zealand: Restorative Justice in Practice?

2006 ◽  
Vol 62 (2) ◽  
pp. 239-258 ◽  
Author(s):  
Gabrielle Maxwell ◽  
Allison Morris
Keyword(s):  
New Zealand ◽  
Restorative Justice ◽  
Youth Justice

scholarly journals The politics of youth justice reform in post-conflict societies: mainstreaming restorative justice in Northern Ireland and South Africa

2020 ◽  
Vol 63 (2) ◽  
pp. 269-290
Author(s):  
David O'Mahony ◽  
Jonathan Doak ◽  
Kerry Clamp
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Restorative Justice ◽  
Peace Building ◽  
Youth Justice ◽  
Political Transitions ◽  
Criminal Justice Reform ◽  
Post Conflict ◽  
Roll Out

Criminal justice reform plays a pivotal role in helping to foster reconciliation and peace-building in postconflict societies. In the wake of their respective political transitions, both Northern Ireland and South Africa have formulated proposals for reform of their youth justice systems based upon restorative principles. This article analyses the attempts to roll out these reforms in both jurisdictions. It considers why new youth justice arrangements have largely been well received in Northern Ireland, yet have struggled to be implemented successfully in South Africa and reflects on possible lessons to be learnt in the context of postconflict transformations.

The Contribution of Religion to Restorative Justice Behind Bars

2013 ◽  
Vol 2 (3) ◽  
pp. 263-303
Author(s):  
Nikolaos Stamatakis
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Present Article ◽  
Qualitative Data ◽  
Christian Doctrine ◽  
Faith Based ◽  
Christian Perspective ◽  
Conceptual Relationship

The present article discusses restorative justice as a distinct way of looking at criminal justice, in particular at imprisonment. It aims to explain how and why some of the fundamental goals of restorative justice, such as reconciliation, reintegration, encounter, and forgiveness are more compatible with the Christian doctrine than with most present approaches to crime. Exploring the conceptual relationship and the contribution of Christianity to the promotion of restorative justice, and vice-versa, a second practical compatibility emerges between Christianity and imprisonment, with reference specifically to the restorative justice programs developed by faith-based organizations behind prison bars in New Zealand and South Africa. Although the article is written from a Christian perspective matching the clear (Christian-oriented) nature of the programs where the qualitative data derive from, it is not intended to be exclusionary. Restorative justice has application beyond the Judeo-Christian dogma and its principles are deeply embedded in all major religions. But Christianity is undoubtedly dominant both in restorative justice and in prison settings, as it has been constantly involved in the spread and delivery of numerous in-prison restorative justice programs worldwide.

scholarly journals Co-option, Coercion and Compromise: Challenges of Restorative Justice in Victoria, Australia

2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
William R Wood
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Youth Justice ◽  
Significant Growth ◽  
Criminal Justice Systems ◽  
Victim Participation ◽  
Justice Systems

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we concludewith a discussion of implications for the use of RJ within a highly institutionalized setting.

scholarly journals Restorative Justice

2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
William R Wood
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Community Involvement ◽  
Major Research ◽  
Future Directions ◽  
Research And Practice ◽  
Criminal Justice Systems ◽  
Justice Systems

With a focus on the emergence, development, and use of restorative justice (RJ) in Australia and New Zealand, this chapter provides an overview of the types of RJ practices used, their history and implementation in youth and criminal justice systems, and their role in contemporary justice practices. Consideration is also given to major research conducted on the use of RJ in Australia and New Zealand related to RJ goals of victim redress, offender accountability and reintegration, and community involvement in RJ processes. Future directions for research and practice are also provided.

scholarly journals Restorative justice by means of concessions on custodial sentences: The New Zealand approach and possible lessons for South Africa

2017 ◽  
Author(s):  
Emma Charlene Lubaale
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Restorative Justice ◽  
South African ◽  
Retributive Justice ◽  
The Other ◽  
The Supreme Court ◽  
The One ◽  
Criminal Matters ◽  
Court Of Appeal

South African courts, in at least two reported cases, have dealt with restorative justice (RJ) in sentencing offenders (i.e. State v. Thabethe (Thabethe case); State v. Seedat (Seedat case)). In both of these cases, the Supreme Court of Appeal rejected the notion of RJ in its entirety, with the presiding judges ‘[cautioning] seriously against the use of restorative justice as a sentence for serious offences.’ However, in countries such as New Zealand, courts have handed down custodial sentences in cases of serious offences while giving due regard to RJ at the same time. The purpose of this article is to highlight some of the strategies that New Zealand courts have invoked to ensure that a balance is struck between retributive justice and RJ. On the basis of this analysis, a conclusion is drawn that RJ can play a role in criminal matters by having it reflect through reduced sentences. With such a strategy, courts can strike a balance between the clear and powerful need for a denunciating sentence on the one hand and RJ on the other.

The Views of the Public on Youth Offenders and the New Zealand Criminal Justice System

2016 ◽  
Vol 62 (1) ◽  
pp. 129-149 ◽  
Author(s):  
Craig Barretto ◽  
Sarah Miers ◽  
Ian Lambie
Keyword(s):  
New Zealand ◽  
Restorative Justice ◽  
Justice System ◽  
Youth Violence ◽  
Qualitative Methodology ◽  
Youth Offenders ◽  
Youth Justice ◽  
The Public ◽  
Nationally Representative ◽  
Survey Responses

Public perceptions of crime and punishment have taken on increasing importance as countries grapple with how to address youth violence. The current study aimed to compare the views of those who have had personal experience of victimisation from youth offenders and those who have not, on what could be improved in managing youth offending in New Zealand. A qualitative methodology was used with data from open-ended survey responses from a nationally representative sample. Public sentiments favoured addressing systemic issues and providing rehabilitation as main emphases followed by more punitive measures, prevention, and restorative justice. Victims were over-represented on sentiments of prevention whereas non-victims were over-represented in support for more punitive measures and restorative justice. There was also considerable support for a multi-facetted approach that utilised a number of the approaches above, suggesting that the solution is as complex as the offender’s circumstances. These findings are very much in line with the current goals of the youth justice system with its emphasis on diversion and rehabilitation.

scholarly journals Welfare, Justice, and Diverse Models of Youth Justice: A Children’s Rights Analysis

2021 ◽  
Vol 29 (4) ◽  
pp. 920-945
Author(s):  
Louise Forde
Keyword(s):  
New Zealand ◽  
Comparative Study ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Obligation ◽  
Youth Justice ◽  
Child Rights ◽  
Justice Systems

Abstract While States have a legal obligation to ensure that uncrc rights are fully vindicated in youth justice systems, States’ responses to offending by children are often dictated by other concerns. The need to ensure accountability and the protection of society, and the need to ensure children are treated as children and with respect for their needs – epitomised by the “welfare/justice debate” – are often seen as contradictory goals, meaning that identifying an overall “model” of youth justice that will also ensure uncrc-compliance can be difficult. Derived from a comparative study of child rights compliance in the youth justice systems of Scotland, Ireland and New Zealand, this article poses the question whether the uncrc mandates a particular approach to youth justice. It examines the balance between welfare and justice concerns found within the text of the uncrc and reflects on what this means for the development of rights-compliant youth justice systems.

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