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 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.

Criminal justice system interactions among young adults with and without autism: A national birth cohort study in New Zealand

Autism ◽  
2021 ◽  
pp. 136236132110655
Author(s):  
Nicholas Bowden ◽  
Barry Milne ◽  
Richard Audas ◽  
Betony Clasby ◽  
Joanne Dacombe ◽  
...  
Keyword(s):  
Young Adults ◽  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Birth Cohort ◽  
Justice System ◽  
Birth Cohort Study ◽  
Criminal Behaviour ◽  
Criminal Cases ◽  
System Data

While sensationalist headlines and highly publicised criminal cases have led many to believe there is a link between autism and criminal behaviour, extant literature presents an unresolved debate. We sought to address this issue by examining the prevalence of criminal justice system interactions among young adults with and without autism, and by assessing whether offence types differ between these groups. This was a national birth cohort study using linked health and criminal justice system data. Cox proportional hazard models were employed to compare criminal justice system interactions between young adults with and without autism, controlling for important socio-demographic characteristics. Data were acquired for 1197 people with autism and 147,879 without autism. Young adults with autism had significantly lower rates of being proceeded against by police, charged in court, and convicted in court compared to those without autism. However, those charged with an offence were significantly more likely to be charged with serious and violent offences, offences against the person and against property. Our findings indicate that, although young people with autism were not over-represented in the criminal justice system, disparities in offence types and incarceration rates among those charged with an offence suggest the importance of identification and appropriate response to autism within the criminal justice system. Lay abstract Sensationalist headlines and highly publicised criminal cases lead many in the public to believe that people with autism are more likely to engage in criminal behaviour. However, recent studies present an unresolved debate, and indicate this may not necessarily be the case. The aims of this study were to examine the prevalence of criminal justice system interactions among young adults with and without autism, and determine whether offence types differ between these groups. We tracked a national birth cohort until their 25th birthday, detecting criminal justice system interactions from age 17 onwards. Linked health and criminal justice system data were used to identify those with autism and detect interactions with the criminal justice system. We found that young people with autism interacted with the criminal justice system at lower rates compared to those without autism. However, there were considerable differences in the types of offences these young people were charged with. For example, among those charged with an offence, people with autism were more likely to be charged with a serious offence, punishable by 2 or more years in prison. We conclude that although young people with autism are not over-represented in the criminal justice system, disparities in offence types and incarceration rates among those charged with an offence suggest the importance of identification and appropriate response to autism within the criminal justice system.

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.

scholarly journals WHY LAW ENFORCEMENT IS NOT ENOUGH: Lessons from the Central Karoo on breaking the cycle of crime and violence

2016 ◽  
Author(s):  
Barbara Holtmann
Keyword(s):  
South Africa ◽  
Life Cycle ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Young People ◽  
Criminal Justice System ◽  
Crime Prevention ◽  
Justice System ◽  
Self Esteem ◽  
Developmental Needs

A 2003 initiative to develop a crime prevention strategy for the Central Karoo District Municipality helped formulate the ‘life cycle’ that perpetuates crime and violence, which is discussed in this article. Children’s developmental needs are obvious and logical if we are to raise young people with good self esteem, who are capable and prepared to contribute to society in a constructive manner. Yet in the Central Karoo (and many other communities) our children’s needs are being ignored. As a result, children learn to fend for themselves and some quickly tip over from being vulnerable victims to becoming young offenders. This article shows that as long as we ignore children’s needs, we can never build a criminal justice system that will adequately address crime and violence in South Africa. It demonstrates why safety is an issue for society as a whole and not just for the police, courts and prisons.

scholarly journals PENYELESAIAN PERKARA PIDANA DENGAN KONSEP KEADILAN RESTORATIF (RESTORATIVE JUSTICE) DALAM SISTEM PERADILAN PIDANA TERPADU DI INDONESIA

2017 ◽  
Vol 1 (2) ◽  
pp. 592
Author(s):  
Kristian Kristian ◽  
Christine Tanuwijaya
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Human Life ◽  
Legal Analysis ◽  
Conceptual Approach ◽  
Justice Process ◽  
System Today

Various problems that occur in a community, is a social phenomenon that has existed since the start of human life. Problem solving methods that can be taken is basically divided into two, namely the completion of the litigation and non-litigation pathway. In fact, if there is a problem, especially with regard to criminal law (criminal case), the model of problem solving is always done using the path of litigation. The settlement of this litigation by using paths in practice does not always go according to what is expected due to the settlement of litigation by using the path in the traditional criminal justice system today would lead to new problems such as: pattern of retaliatory punishment still, causing a buildup of the case, do not pay attention to the rights of the victim, not in accordance with the principle of simple justice; process is long, complicated and expensive, and the settlement is legistis stiff, does not restore the effects of crime, prisons conditions are not adequate, does not reflect justice for the community and so although, the law was made essentially to provide fairness and benefits to humans. Looking at these phenomena, in the latest development emerged a new concept or approach the concept of restorative justice. The concept of restorative justice approaches assessed or can cope with various problems in the traditional criminal justice system as mentioned above.This study will discuss the application of restorative justice in terms of the integrated criminal justice system in Indonesia. This research is a descriptive normative legal analysis. The approach used is a statutory approach, conceptual approach, and the principles of law.Keywords: Restorative Justice, Integrated Criminal Justice System.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

A problem-solving approach to criminalised women in the Australian context

2021 ◽  
pp. 1037969X2098510
Author(s):  
Megan Beatrice
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Upward Trend ◽  
Complex Needs ◽  
Australian Context

The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

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

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

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