Net-Widening and the Diversion of Young People From Court: A Longitudinal Analysis With Implications for Restorative Justice

2010 ◽  
Vol 43 (1) ◽  
pp. 112-129 ◽  
Author(s):  
Jeremy Prichard
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Future Research ◽  
Youth Justice ◽  
System A ◽  
Police Records ◽  
Net Widening

Internationally, many youth justice systems aim to divert young people from court through informal mechanisms, such as police cautions and restorative conferences. Among other things, diversion avoids the potentially criminogenic effects of formal contact with the criminal justice system. However, in some instances, the sum of court appearances and diversionary procedures indicates an overall increase in the numbers of young people having contact (formal or informal) with the criminal justice system — a phenomenon known as net-widening. This article summarises previous debates about the risks of net-widening. It then presents results from analysis of over 50,000 police records pertaining to young people's contact with the Tasmanian criminal justice system between 1991 and 2002. Across that decade, court appearances markedly reduced, while a corresponding increase in diversions was recorded. There was no evidence of net-widening. However, there was a significant increase in detention orders. Implications for policy and future research are considered.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

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.

A Just System? How Punitive Youth Justice Systems Increase the Risk of Crime

2017 ◽  
Vol 42 (4) ◽  
pp. 233-239 ◽  
Author(s):  
Julie Edwards
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Young Person ◽  
Youth Justice ◽  
Children And Young People ◽  
Australian Institute ◽  
Justice Systems ◽  
Amp Clay

For children and young people who offend, contact with the justice system can lead to life-long offending, with evidence showing that the younger a child enters the justice system the more likely he/she is to have sustained contact and go on to reoffend (Australian Institute of Health and Welfare (AIHW), 2017). Local and international youth justice approaches that aim to rehabilitate or resocialise the child or young person often have more success in preventing reoffending (Elwick, Davis, Crehan, & Clay, 2013). So, what is it that makes an effective youth justice system, and how can we ensure that children and young people are diverted from the criminal justice system effectively and that those who offend do not continue into a life of crime?

scholarly journals Sentencing Circles, Clashing Worldviews, and the Case of Christopher Pauchay

1969 ◽  
Vol 10 (1) ◽  
pp. 53-76 ◽  
Author(s):  
Toby Susan Goldbach
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
First Nations ◽  
Restorative Justice ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Crime And Punishment ◽  
Cultural Methods ◽  
System A

The case of Christopher Pauchay demonstrates some of the differencesbetween predominant Euro-Canadian and First Nations approaches todispute resolution. The principles of sentencing circles sometimes overlapwith the principles of restorative justice and suggest their potentialincorporation into the criminal justice system. The use of alternativeprocesses that share some common values is not enough to overcome tochasm between Euro-Western and Aboriginal justice. Where underlyingworldviews diff er, those who can choose between competing valuesamidst limited possibilities will likely choose the values that refl ect theconventional system. A comparison of Euro-Western and Aboriginalapproaches to crime and punishment clarifi es why Pauchay’s sentencingcircle was unsuccessful as an alternative option. Advocates of alternativemethods must consider more than the implementation of a process whenadapting selective cultural methods to the overarching system. Withoutfurther evaluation, alternative dispute resolution (ADR) itself becomesa mechanism of recolonization.

scholarly journals "Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008

2017 ◽  
Vol 14 (4) ◽  
pp. 62 ◽  
Author(s):  
J Sloth-Nielsen ◽  
J Gallinetti
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Problem Solving ◽  
Young People ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Behaviour ◽  
Checks And Balances ◽  
Role Players

In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem solving as an approach to the criminal behaviour of youth.This article analyses the new place of restorative justice and ubuntu in the Act through an analysis of the Preamble, Objects and General Principles sections of the Act as well as the chapters on diversion and sentencing. It notes that there is a clear and consistent framework for restorative justice and ubuntu in the Act that accords with the Constitutional Court’s understanding of both concepts.In addition, the article also enquires if the inclusion of these concepts has created a criminal justice system for children that does not hold them properly accountable for their actions. The question as to whether or not the Act has created a "just say sorry" regime is answered in the negative by way of reference to the numerous checks and balances included in the Act by the legislature.In this context it is contended that the inclusion of ubuntu-related ideologies remains relevant to the development of indigenous and locally constructed images of Africanised forms of justice, but that the true test of how it is integrated into the criminal justice system lies in the manner in which criminal justice role-players engage with ubuntu and how its implementation is effected. 

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.

Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland

2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Justice System ◽  
Peace Building ◽  
Youth Justice ◽  
Criminal Justice Reform ◽  
Transitional Environment

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

Young People with Complex Needs in the Criminal Justice System

2014 ◽  
Vol 1 (2) ◽  
pp. 174-185 ◽  
Author(s):  
Leanne Dowse ◽  
Therese M. Cumming ◽  
Iva Strnadová ◽  
Jung-Sook Lee ◽  
Julian Trofimovs
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Complex Needs
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