scholarly journals Young People’s Knowledge and Understanding of the Youth Justice System in New Zealand: A Community Sample

2021 ◽  
Author(s):  
◽  
Phillippa Dean
Keyword(s):  
New Zealand ◽  
Young People ◽  
Justice System ◽  
Community Sample ◽  
Antisocial Behaviour ◽  
Structured Interview ◽  
Developmental Level ◽  
Youth Justice ◽  
Fitness To Stand Trial ◽  
The Impact

<p>New Zealand (NZ) has a separate youth justice system that is designed to be responsive towards the developmental needs of young people that have engaged in antisocial behaviour. It is therefore essential that young people are ‘Fit to Stand Trial’ when legal proceedings are brought against them. A young person can be found legally unfit on the basis of ‘mental impairment’, and whilst this is undefined it largely overlooks the impact a young person's developmental level may have on their engagement with court processes. No research has examined young people’s understanding of the justice system in NZ. However, international research has demonstrated that those 13 years and younger are almost exclusively found unfit to stand trial due to their developmental level, whereas those 16 years and older tend to be found fit to stand trial. The legal capabilities of those aged 14 to 15 years are difficult to predict given the extensive developmental changes occurring around that age. The current research aimed to address three research questions: 1) is there a relationship between age and fitness to stand trial, 2) is there a relationship between IQ and fitness to stand trial, and 3) how does NZ research compare to international literature. Participants aged 13 to 18 were recruited from six schools around NZ (n = 89). They were interviewed using a semi-structured interview tool that was designed for this study to assess young people’s understanding of the justice process and fitness-related abilities. A brief measure of participant IQ was also taken. It was found that fitness-related abilities, such as knowledge and understanding, were positively associated with age and IQ, such that older participants and those with higher IQ scores performed better on this semi-structured interview. Attending a high decile school, and being female was also predictive of better performance. These findings indicate that developmental level—as indicated by age and IQ—impacts young people’s understanding and participation in the justice system. Therefore, the current legislative response to young people who offend does not sufficiently recognise the impact of a young person’s developmental capabilities.</p>

scholarly journals Young People’s Knowledge and Understanding of the Youth Justice System in New Zealand: A Community Sample

2021 ◽  
Author(s):  
◽  
Phillippa Dean
Keyword(s):  
New Zealand ◽  
Young People ◽  
Justice System ◽  
Community Sample ◽  
Antisocial Behaviour ◽  
Structured Interview ◽  
Developmental Level ◽  
Youth Justice ◽  
Fitness To Stand Trial ◽  
The Impact

<p>New Zealand (NZ) has a separate youth justice system that is designed to be responsive towards the developmental needs of young people that have engaged in antisocial behaviour. It is therefore essential that young people are ‘Fit to Stand Trial’ when legal proceedings are brought against them. A young person can be found legally unfit on the basis of ‘mental impairment’, and whilst this is undefined it largely overlooks the impact a young person's developmental level may have on their engagement with court processes. No research has examined young people’s understanding of the justice system in NZ. However, international research has demonstrated that those 13 years and younger are almost exclusively found unfit to stand trial due to their developmental level, whereas those 16 years and older tend to be found fit to stand trial. The legal capabilities of those aged 14 to 15 years are difficult to predict given the extensive developmental changes occurring around that age. The current research aimed to address three research questions: 1) is there a relationship between age and fitness to stand trial, 2) is there a relationship between IQ and fitness to stand trial, and 3) how does NZ research compare to international literature. Participants aged 13 to 18 were recruited from six schools around NZ (n = 89). They were interviewed using a semi-structured interview tool that was designed for this study to assess young people’s understanding of the justice process and fitness-related abilities. A brief measure of participant IQ was also taken. It was found that fitness-related abilities, such as knowledge and understanding, were positively associated with age and IQ, such that older participants and those with higher IQ scores performed better on this semi-structured interview. Attending a high decile school, and being female was also predictive of better performance. These findings indicate that developmental level—as indicated by age and IQ—impacts young people’s understanding and participation in the justice system. Therefore, the current legislative response to young people who offend does not sufficiently recognise the impact of a young person’s developmental capabilities.</p>

scholarly journals The Impact of Educational Intervention on Young People's Understanding of Legal Rights in New Zealand

2021 ◽  
Author(s):  
◽  
Julia Ryan
Keyword(s):  
Regression Analysis ◽  
New Zealand ◽  
Young People ◽  
Educational Intervention ◽  
Community Sample ◽  
Structured Interview ◽  
Legal Rights ◽  
Educational Video ◽  
Policy And Practice ◽  
The Impact

<p>The Child and Young Persons version of the Rights Caution is read to young people to inform them of their legal rights during police arrest and questioning in New Zealand. Research to date suggests the way legal rights are currently delivered does not meet young people’s developmental needs, as young people do not understand their rights. This research aimed to examine: 1) the level of legal rights understanding among young people in New Zealand; 2) the relationship between age and understanding; and 3) whether understanding can be improved with a video-based educational intervention which provided young people with legal rights knowledge. In this study a community sample of young people (n = 99), aged 10 to 18-years, was used. Participants were assigned to two groups; one group received an educational video which provided legal rights knowledge, while the other received the legal rights as they are currently delivered in practice with the Child and Young Persons version of the Caution. Young people’s understanding of legal rights was then assessed in a semi-structured interview using the New Zealand Rights Caution Competency Questionnaire (Fortune et al., 2017). The results showed levels of understanding among this sample were low, with young people misunderstanding many parts of their legal rights. Regression analysis revealed age was a significant positive predictor of legal rights understanding, suggesting younger youth are most vulnerable to incomplete legal rights understanding. Regression analysis also revealed the educational video significantly improved young people’s understanding across a variety of legal rights abilities, including their ability to remember and apply legal rights in hypothetical legal scenarios. The implications of these findings for policy and practice are discussed, alongside the need for the delivery of legal rights to address a broader range of young people’s legal rights difficulties; including young people’s lack of legal rights knowledge.</p>

scholarly journals The Impact of Educational Intervention on Young People's Understanding of Legal Rights in New Zealand

2021 ◽  
Author(s):  
◽  
Julia Ryan
Keyword(s):  
Regression Analysis ◽  
New Zealand ◽  
Young People ◽  
Educational Intervention ◽  
Community Sample ◽  
Structured Interview ◽  
Legal Rights ◽  
Educational Video ◽  
Policy And Practice ◽  
The Impact

<p>The Child and Young Persons version of the Rights Caution is read to young people to inform them of their legal rights during police arrest and questioning in New Zealand. Research to date suggests the way legal rights are currently delivered does not meet young people’s developmental needs, as young people do not understand their rights. This research aimed to examine: 1) the level of legal rights understanding among young people in New Zealand; 2) the relationship between age and understanding; and 3) whether understanding can be improved with a video-based educational intervention which provided young people with legal rights knowledge. In this study a community sample of young people (n = 99), aged 10 to 18-years, was used. Participants were assigned to two groups; one group received an educational video which provided legal rights knowledge, while the other received the legal rights as they are currently delivered in practice with the Child and Young Persons version of the Caution. Young people’s understanding of legal rights was then assessed in a semi-structured interview using the New Zealand Rights Caution Competency Questionnaire (Fortune et al., 2017). The results showed levels of understanding among this sample were low, with young people misunderstanding many parts of their legal rights. Regression analysis revealed age was a significant positive predictor of legal rights understanding, suggesting younger youth are most vulnerable to incomplete legal rights understanding. Regression analysis also revealed the educational video significantly improved young people’s understanding across a variety of legal rights abilities, including their ability to remember and apply legal rights in hypothetical legal scenarios. The implications of these findings for policy and practice are discussed, alongside the need for the delivery of legal rights to address a broader range of young people’s legal rights difficulties; including young people’s lack of legal rights knowledge.</p>

‘I was flying blind a wee bit’: Professionals’ perspectives on challenges facing communication assistance in the New Zealand youth justice system

2019 ◽  
Vol 24 (2) ◽  
pp. 104-120 ◽  
Author(s):  
Kelly Howard ◽  
Clare McCann ◽  
Margaret Dudley
Keyword(s):  
New Zealand ◽  
Young People ◽  
Qualitative Analysis ◽  
Justice System ◽  
Youth Justice ◽  
England And Wales ◽  
Communication Difficulties ◽  
Criminal Charges

Communication assistance is a form of specialist support for witnesses and defendants in justice settings who have been identified as having communication difficulties. This relatively new role in New Zealand is modelled on the role of the intermediary in England and Wales. This research provides a qualitative analysis of professionals’ perspectives (n = 28 participants) on the challenges of communication assistance for young people facing criminal charges in the New Zealand youth justice system. The findings of this study do not question whether or not communication assistance should exist, but rather how it might best function in practice. The overall implications are that more education and guidance for youth justice professionals is needed.

‘It was like more easier’: Rangatahi (Young People) and Their whānau (Family) Talk About Communication Assistance in the New Zealand Youth Justice System

Youth Justice ◽  
2020 ◽  
pp. 147322542092376
Author(s):  
Kelly Howard ◽  
Clare McCann ◽  
Margaret Dudley
Keyword(s):  
New Zealand ◽  
Young People ◽  
Qualitative Study ◽  
Justice System ◽  
System Communication ◽  
Youth Justice ◽  
England And Wales ◽  
Communication Difficulties

This qualitative study gives voice to rangatahi (young people) and their whānau (families) (n = 10) who have experienced communication assistance in the New Zealand youth justice system. Communication assistance is a form of specialist support for witnesses and defendants who have been identified as having communication difficulties; and is modelled on the role of the intermediary in England and Wales. The findings overall suggest that communication assistance has a valuable and ongoing role to play in the NZ youth justice system, and may be one means of addressing the rights and needs of those with communication difficulties who offend.

‘It’s really good…why hasn’t it happened earlier?’ Professionals’ perspectives on the benefits of communication assistance in the New Zealand youth justice system

2019 ◽  
Vol 53 (2) ◽  
pp. 265-284 ◽  
Author(s):  
Kelly Howard ◽  
Clare McCann ◽  
Margaret Dudley
Keyword(s):  
New Zealand ◽  
Young People ◽  
Justice System ◽  
Young Person ◽  
Youth Justice ◽  
Communication Difficulties ◽  
New Knowledge ◽  
Fresh Perspective ◽  
Criminal Charges

Communication assistance is a form of specialist support for witnesses and defendants in justice settings who have been identified as having communication difficulties. This new role in New Zealand is modelled on the role of the intermediary in England and Wales. To date however, there has been no published review or evaluation on how communication assistance is functioning and being viewed by professionals in practice. This study provides a qualitative analysis of professionals’ perspectives (n = 28 participants) on the benefits of communication assistance for young people facing criminal charges in the New Zealand youth justice system. The main finding is that professionals are overwhelmingly in support of this new role. Professionals considered that communication assistance helps put the young person at the centre of youth justice, brings new knowledge and a fresh perspective, and helps the system to function as it ideally should.

scholarly journals Are there lessons to be learned from the youth justice system?

2009 ◽  
Vol 5 (2) ◽  
Author(s):  
Andrew Becroft
Keyword(s):  
New Zealand ◽  
Young People ◽  
Justice System ◽  
Youth Justice

It has been almost 20 years since the introduction of the ground-breaking Children, Young Persons, and Their Families Act 1989 (CYPF Act). When introduced the act revolutionised New Zealand youth justice practices (Watt, 2003). It was responding to significant perceived problems with the existing system, including: • too many young people being brought before the courts; • too much reliance on an institutionalised, residential approach (often criminalising behaviour which was really the result of care and protection deficits); and • insufficient opportunity for family and cultural input.

Tough talk: Youth offenders’ perceptions of communicating in the Youth Justice system in New Zealand

2017 ◽  
Vol 51 (4) ◽  
pp. 593-618 ◽  
Author(s):  
Sarah A Lount ◽  
Linda Hand ◽  
Suzanne C Purdy ◽  
Alan France
Keyword(s):  
New Zealand ◽  
Young People ◽  
Oral Language ◽  
Justice System ◽  
Structured Interviews ◽  
Youth Offenders ◽  
Youth Justice ◽  
Communication Partner ◽  
Full Participation ◽  
Communication Breakdowns

Youth Justice procedures rely heavily on oral language. International research suggests young people in the Youth Justice system have poorer language skills than their non-offending peers, which has implications for their participation in Youth Justice processes and rehabilitation programmes. Most research of youth offenders’ communication skills focuses on standardised assessments and quantitative measures, with little known of young people’s perceptions of communicating within the highly verbally mediated Youth Justice setting. This exploratory study used semi-structured interviews of eight males, of unknown language-skill status, from one Youth Justice residence in New Zealand. Results suggested the young people felt they had no control or ‘voice’ in court, or with adults whose roles, or with whom, they were not familiar. Communicating in court was an area of significant difficulty for nearly all the participants; they reported feeling unable to say what they wanted or understand what was going on. Confidence and participation varied with some participants lacking the confidence to use communication strategies in court, whereas others would ‘just say what they wanted’. The relationship with their communication partner, especially trust and familiarity, was very important to facilitate communication, and most young people could identify strategies that could help communication breakdowns, although not all reported using them. To facilitate full participation and access to court processes and Youth Justice programmes, the communication barriers identified in this study should be considered in any intervention or support developed for young people who offend.

scholarly journals Speaking the same language: Navigating information-sharing in the youth justice sphere

2019 ◽  
Vol 31 (1) ◽  
pp. 59-71
Author(s):  
Joanna Appleby ◽  
Dr Matthew Shepherd ◽  
Dr Barbara Staniforth
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Young People ◽  
Information Sharing ◽  
Youth Justice ◽  
Theoretical Frameworks ◽  
Multiple Systems ◽  
Aotearoa New Zealand ◽  
Forensic Service ◽  
The Impact

Introduction: Qualitative research was undertaken to explore professionals’ experiences of cross-sector information-sharing about the mental health needs of young people in youth justice residences in Aotearoa New Zealand. Methods: Eight focus groups (N = 36) were conducted across Aotearoa New Zealand. Half of these were with case leaders from each of the four Oranga Tamariki – Ministry for Children – youth justice residences. The other half were with youth forensic service (YFS) clinicians who provide mental health services in each youth justice residence. Findings: The findings showed positive cross-sector relationships, despite a lack of policy around information-sharing in this context. Themes from case leaders included the practicalities of the residential environment (including restriction on young people’s freedoms and managing group safety), and case leaders’ brokerage role between competing theoretical frameworks in residence. Themes from YFS clinicians included the importance of cross-sector information-sharing for the assessment and discharge phases of mental health input. Overall themes included the impact of relationships on information-sharing, and the importance of including residential care team staff within information-sharing practices. A proposed model of information-sharing in this context has been developed.Conclusions: Effective information-sharing in youth justice residences is imperative to ensure that young people receive appropriate mental health input in residences, and that residence staff are supported to provide the best care for these young people. Social work has an important role within information-sharing practices with use of systems theory, translation of clinical jargon, and advocacy for the needs of young people involved in multiple systems.

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