justice systems
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Author(s):  
Ti Lamusse

2020 should not only be defined by the mass death and social devastation of the COVID-19 pandemic. 2020 was also a year for a long-overdue global confrontation with the socially unjust consequences of justice systems around the world. Following the police killing of George Floyd, millions of people around the world took to the streets demanding ‘Black Lives Matter’, alongside calls to defund and disband the police. Tens of thousands took part in the successful ‘Arms Down’ campaign in Aotearoa to end a trial of Armed Response Teams. These movements put the question of racism and the future of the criminal justice system at the forefront of public debate.


Author(s):  
David McCallum

Aboriginal Australians experience trauma that is linked to continuing colonising practices in the present, and which are also reproduced throughout the more than 230 years of colonisation. Intergeneration trauma intersects with the over-representation of Aboriginal people in the welfare and justice systems. This paper examines evidence of the relations between trauma and colonialising practices imposed on Indigenous peoples, as past and present conditions leading to intergenerational trauma. Historical and present-day conditions affecting Aboriginal children and families are shown to set in place the conditions producing trauma over time.


2021 ◽  
Vol 14 (3) ◽  
pp. 18-36
Author(s):  
Sandrina de Finney ◽  
Mandeep Kaur Mucina

In settler states, Black, Indigenous, and people of color (BIPOC) girls and young women are targeted for specific kinds of social service interventions embedded in the gendered genocidal logics of colonial ideologies. Interlocking forms of violent carceral capture operate across settler institutions such as child welfare, immigration, and justice systems that are tasked with policing and criminalizing nonwhite girls. Conceptualizing these interconnected systems as a transcarceral pipeline, we examine their inner workings and impacts on Indigenous girls and BIPOC refugee girls in Canada through two sites of inquiry: child welfare systems targeting Indigenous girls and young mothers; and the immigration-child-welfare pipeline for refugee girls of color. Our analysis stresses the urgency of anticolonial systems of care grounded in sovereignty-making collective relations.


2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Gail A. Wasserman ◽  
Katherine S. Elkington ◽  
Gail Robson ◽  
Faye Taxman

Abstract Background Justice-involved youth have high rates of suicidal behavior and co-morbid psychiatric disorders, yet low rates of service use. Implementation efforts aimed at supporting cross-agency linkage protocols may be useful components of interventions promoting behavioral healthcare service access for youths on probation. The purpose of this study was to develop clear referral Pathways for three suicide risk classifications of youth, across 10 counties in a single state through a community-academic partnership in New York state, a strategic planning process between county Probation departments and community Behavioral Health. Results We sought to clarify service destinations for youth in three classes of risk for suicidal behavior: Class I (Crisis, Imminent Risk); Class II (Crisis, Non-Imminent Risk); and Class III (Non-Crisis but in Need of Service). Prior to Pathway Meetings, there was a low degree of agreement between Probation and Behavioral Health leadership for the appropriate service destination for youths in crisis, whether at imminent risk (Class I: 57.8% overlap) or at lower than imminent risk (Class II: 45.6% overlap). Options for referral destinations for Classes I and II decreased significantly (indicating greater overlap) as a result of Pathway Meetings [(Class I: from 2.5 to 1.1 (t(9) = 3.28, p < 0.01); Class II: from 2.8 to 1.3 (t(9) = 4.025, p < 0.003)]. Pathway Meetings allowed Behavioral Health and Juvenile Justice systems to make joint decisions regarding referral pathways, resulting in innovative solutions, such as the use of mobile crisis. Conclusions The community-academic partnership served to bring internal (Juvenile Justice) and external (Behavioral Health) contexts together to successfully generate agreed upon Pathways to care for youths demonstrating risk for suicidal behavior. Bridging Behavioral Health and Juvenile Justice systems together to agree to referral Pathways for each risk class can increase appropriate service use. Trial registration ClinicalTrials.gov, NCT03586895. Registered 21 June 2018, https://register.clinicaltrials.gov/prs/app/template/EditRecord.vm?epmode=Edit&listmode=Edit&uid=U0003B7I&ts=4&sid=S00080NN&cx=-n4kinh


2021 ◽  
Vol 66 ◽  
pp. 257-260
Author(s):  
Yu.D. Makosiy

The article considers the basic international legal standards of organization and functioning of the prosecutor’s office. It was determined that the prosecutor’s office, outside of criminal proceedings, began to play the role of ancillary appointments, while public authorities and local governments were given the right to go to court independently. It is noted that Ukraine is a party to the Statute and a member of the Council of Europe, and therefore has undertaken to recognize the principles of the rule of law and the exercise of human rights and fundamental freedoms (Article 3 of the Statute), is able and willing to fulfill such obligations 4 of the Statute). It is pointed out that the modernization of the constitutional and legal status of the prosecutor’s office is taking place in connection with the existence of a number of obligations of the Ukrainian state to the Council of Europe. Attention is drawn to the key acts of the international level, which relate to the organization and functioning of the prosecutor’s office, identified their main provisions in the context of the analysis. The expediency of optimal division of competence between the prosecutor (as an administrative agent of the executive or legislative power) and the judiciary is supported. It is pointed out that Europe is developing more and more, citizens are mobile, as a result of which different legal systems are inevitably affected, and therefore it is strategically important to achieve harmonization of criminal justice systems of Council of Europe members. Such harmonization is useful given the feasibility of maintaining the effectiveness of criminal justice systems in the light of the challenges of international organized crime. It is established that the reform of the constitutional and legal status of the prosecutor’s office in Ukraine in accordance with the commitments made to the Council of Europe should begin with a gradual solution of a set of issues of compliance of the Ukrainian prosecutor’s office with international standards. It is emphasized that in the Ukrainian state the prosecutor’s office occupies an important place in the system of public authorities, as its activities absorb two ambivalent components that implicitly complement each other - ensuring law and order.


2021 ◽  
Author(s):  
◽  
Ashley Shearar

<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>


2021 ◽  
Author(s):  
◽  
Ashley Shearar

<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>


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