scholarly journals Revising the Language of the New Zealand Youth Rights Caution to Support Understanding Among Young People

2021 ◽  
Author(s):  
◽  
Lydia Talbot

<p>Many young people in New Zealand will engage in antisocial behaviour during their teenage years. Consequently, many young people will interact with the police. When young people speak to police, they are read the Child/Young Persons Rights Caution (the Youth Caution) which informs them of the rights they are entitled to (legal rights), such as choosing to stay silent and speaking with a lawyer. However, many young people have an incomplete understanding of their rights as the Youth Caution does not support complete understanding. An explanation for this incomplete understanding is the language within the Youth Caution is too complex for young people. The current study sought to address this issue by creating and piloting a revised youth caution which aimed to be simpler and easier for young people to understand. Three research questions were addressed in this study: 1) What was young people’s level of understanding of their legal rights? 2) Would the revised youth caution improve the level of legal rights understanding? 3) Would understanding of legal rights increase with age? To answer these questions, young people (aged 10-18 years) were recruited from schools and the community (n = 101). Their legal rights understanding levels were then assessed, based on hearing either the standard or the revised youth caution. The results in relation to the research questions showed participants’ legal rights understanding was incomplete, the revised youth caution did not improve understanding across any aspects of legal rights understanding and understanding increased with age. These results suggest simplifying the language within the Youth Caution is not sufficient to support young people’s understanding, and legislation could offer further support, such as requiring a lawyer to be present as the default option when young people are speaking to the police.</p>

2021 ◽  
Author(s):  
◽  
Lydia Talbot

<p>Many young people in New Zealand will engage in antisocial behaviour during their teenage years. Consequently, many young people will interact with the police. When young people speak to police, they are read the Child/Young Persons Rights Caution (the Youth Caution) which informs them of the rights they are entitled to (legal rights), such as choosing to stay silent and speaking with a lawyer. However, many young people have an incomplete understanding of their rights as the Youth Caution does not support complete understanding. An explanation for this incomplete understanding is the language within the Youth Caution is too complex for young people. The current study sought to address this issue by creating and piloting a revised youth caution which aimed to be simpler and easier for young people to understand. Three research questions were addressed in this study: 1) What was young people’s level of understanding of their legal rights? 2) Would the revised youth caution improve the level of legal rights understanding? 3) Would understanding of legal rights increase with age? To answer these questions, young people (aged 10-18 years) were recruited from schools and the community (n = 101). Their legal rights understanding levels were then assessed, based on hearing either the standard or the revised youth caution. The results in relation to the research questions showed participants’ legal rights understanding was incomplete, the revised youth caution did not improve understanding across any aspects of legal rights understanding and understanding increased with age. These results suggest simplifying the language within the Youth Caution is not sufficient to support young people’s understanding, and legislation could offer further support, such as requiring a lawyer to be present as the default option when young people are speaking to the police.</p>


2021 ◽  
Author(s):  
◽  
Julia Ryan

<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>


2021 ◽  
Author(s):  
◽  
Julia Ryan

<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>


2021 ◽  
Author(s):  
◽  
Phillippa Dean

<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>


2021 ◽  
Author(s):  
◽  
Phillippa Dean

<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>


2021 ◽  
Author(s):  
◽  
Frances Gaston

<p>In New Zealand we have a child/youth, and an adult version of the Rights Caution, which are the rights read to an individual when they are arrested, detained, or questioned by police. The child/youth version was created with the developmental needs of young people in mind, however, it remains unclear whether it is assisting young people to better understand their rights. No research has been completed in New Zealand looking at young people’s comprehension of the Rights Caution, however, international research has shown that 1) the majority of individuals under 15 years old have limited rights comprehension, and 2) adapted versions of rights do not increase young people’s understanding. In consideration of these findings, the current research aimed to answer three key questions: 1) Do young people in New Zealand understand the Rights Caution, 2) what level of understanding do they have, and does this change with age, and 3) is the child/youth version of the Rights Caution helping to increase young people’s level of understanding of their rights, compared to the adult version? Participants were recruited from two Wellington region schools (N=101). They were interviewed using The New Zealand Rights Caution Competency Questionnaire, which was designed for this study, to assess young people’s understanding of the New Zealand Rights Caution. Participants were divided into either a 10-to-13-year-old age group (n=58), or a 14-to-16-year-old age group (n=43), and were randomly selected to be interviewed using either the child/youth, or adult version of the Rights Caution. It was found that participants had limited understanding of the Rights Caution, exhibiting more basic understanding, compare to in depth knowledge around the application of the rights. Level of understanding was not affected by participant’s age; the older participants knew as little as the younger ones did. Furthermore, it was found that the child/youth version of the Rights Caution did not assist participants in their understanding, and actually contained language that participants found more difficult to understand. These findings suggest that the New Zealand Rights Caution may not be effective in providing young people with the legal protection that it is intended to, and the processes around its use with New Zealand youth may need to be revised.</p>


2021 ◽  
Author(s):  
◽  
Frances Gaston

<p>In New Zealand we have a child/youth, and an adult version of the Rights Caution, which are the rights read to an individual when they are arrested, detained, or questioned by police. The child/youth version was created with the developmental needs of young people in mind, however, it remains unclear whether it is assisting young people to better understand their rights. No research has been completed in New Zealand looking at young people’s comprehension of the Rights Caution, however, international research has shown that 1) the majority of individuals under 15 years old have limited rights comprehension, and 2) adapted versions of rights do not increase young people’s understanding. In consideration of these findings, the current research aimed to answer three key questions: 1) Do young people in New Zealand understand the Rights Caution, 2) what level of understanding do they have, and does this change with age, and 3) is the child/youth version of the Rights Caution helping to increase young people’s level of understanding of their rights, compared to the adult version? Participants were recruited from two Wellington region schools (N=101). They were interviewed using The New Zealand Rights Caution Competency Questionnaire, which was designed for this study, to assess young people’s understanding of the New Zealand Rights Caution. Participants were divided into either a 10-to-13-year-old age group (n=58), or a 14-to-16-year-old age group (n=43), and were randomly selected to be interviewed using either the child/youth, or adult version of the Rights Caution. It was found that participants had limited understanding of the Rights Caution, exhibiting more basic understanding, compare to in depth knowledge around the application of the rights. Level of understanding was not affected by participant’s age; the older participants knew as little as the younger ones did. Furthermore, it was found that the child/youth version of the Rights Caution did not assist participants in their understanding, and actually contained language that participants found more difficult to understand. These findings suggest that the New Zealand Rights Caution may not be effective in providing young people with the legal protection that it is intended to, and the processes around its use with New Zealand youth may need to be revised.</p>


2011 ◽  
Vol 42 (4) ◽  
pp. 639
Author(s):  
Stuart Anderson

This note considers an early adaptation of common law to conditions on New Zealand whaling stations, made relatively easy by the law's prior acceptance of local custom or usage as a determinant of legal rights. The case, Harris v Fitzherbert from 1843, is significant also for the jury's acceptance of a manual workers' construction of the rule over financiers.


2020 ◽  
Author(s):  
Hiran Thabrew ◽  
Karolina Stasiak ◽  
Harshali Kumar ◽  
Tarique Naseem ◽  
Christopher Frampton ◽  
...  

BACKGROUND Approximately 10% to 12% of New Zealand children and young people have long-term physical conditions (also known as chronic illnesses) and are more likely to develop psychological problems, particularly anxiety and depression. Delayed treatment leads to worse physical and mental healthcare, school absence, and poorer long-term outcomes. Recently, electronic health (eHealth) interventions, especially those based on the principles of Cognitive Behavior Therapy (CBT), have been shown to be as good as face-to-face therapy. Biofeedback techniques have also been shown to enhance relaxation during the treatment of anxiety. However, these modalities have rarely been combined. Young people with long-term physical conditions have expressed a preference for well-designed and technologically-based support to deal with psychological issues, especially anxiety. OBJECTIVE This study aimed to co-design and evaluate the (i) acceptability and (ii) usability of a CBT and biofeedback-based, 5-module eHealth game called ‘Starship Rescue’ and (iii) to provide preliminary evidence regarding its effectiveness in addressing anxiety and quality of life in young people with long-term physical conditions. METHODS Starship Rescue was co-designed with children and young people from a tertiary hospital in Auckland, New Zealand. Following this, 24 young people aged 10 to 17 years were enrolled in an open trial, during which they were asked to use the game for an 8-week period. Acceptability of the game to all participants was assessed using a brief, open-ended questionnaire, and more detailed feedback was obtained from a subset of 10 participants via semi-structured interviews. Usability was evaluated via the System Usability Scale (SUS) and device-recorded frequency and duration of access on completion of the game. Anxiety levels were measured prior to commencement, on completion of the game, and 3 months later using the Generalized Anxiety Disorder 7-item scale (GAD-7) and Spence Child Anxiety Scales (SCAS), and at the start of each module and at the end of the game using an embedded Likert/visual analog scale. Quality of life was measured prior to commencement and on completion of the game using the Pediatric Quality of Life Scale (PEDS-QL). RESULTS Users gave Starship Rescue an overall rating of 5.9 out of 10 (range 3-10 and a mean score of 71 out of 100 (SD 11.7; min 47.5; max 90) on the System Usability Scale (SUS). The mean time period for use of the game was just over 11-weeks (78.8 days, 13.5 hours, 40 minutes). Significant reductions in anxiety were noted between the start and end of the game on the GAD-7 (-4.6 (p=0.000)), SCAS (-9.6 (p=0.005)), and the Likert/visual analogue scales (-2.4 (p=0.001)). Quality of life also improved on the PedsQL scale (+4.3 (p=0.042)). All changes were sustained at 3-month follow-up. CONCLUSIONS This study provides preliminary evidence for Starship Rescue being an acceptable, usable and effective eHealth intervention for addressing anxiety in young people with long-term physical conditions. Further evaluation is planned via a more formal randomized controlled trial. CLINICALTRIAL Australian New Zealand Clinical Trials Network Registry (ANZCTR): ACTRN12616001253493p;https://www.anzctr.org.au/Trial/Registration/TrialReview.aspx?id=371443 (Archived by WebCite at http://www.webcitation.org/6sYB716lf)


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