Youth justice conferencing and indigenous over-representation in the Queensland juvenile justice system: a micro-simulation case study

Restorative justice conferencing for young offenders is firmly established in Australian juvenile justice, and legislated conferencing schemes are operating in all Australian states and territories. While there is some variation in the terms used to describe restorative justice conferences (e.g., family group conferencing, family conferencing, or youth justice conferencing), there is much more consistency in how the conferencing process is managed across Australian jurisdictions. In Queensland youth justice conferencing is a process that brings together an offender, the victim and their supporters to discuss the harm caused by the offending behaviour and provide the young person with an opportunity to take responsibility for his or her behaviour and make amends. This paper begins by briefly sketching the development of restorative justice conferencing in Queensland and describes the Juvenile Justice Simulation Model (JJSM), a micro-simulation model developed for criminal justice policy analysis in Queensland, Australia. We use this micro-simulation model to conduct an experimental exploration of the effects that youth justice conferencing has on system-wide outcomes for indigenous young people. The model simulates the impact of interventions up until 2011 on the number of finalised youth justice court appearances. Our results indicate that youth justice conferencing is unlikely to reduce the over-representation of indigenous young people in the juvenile justice system. The simulations demonstrated that, by the 2011, youth justice conferencing would result in a 12.5% decrease in finalised court appearances. Unfortunately, this decrease was more apparent for non-indigenous young people (13.7% decrease in court appearances) than for indigenous young people, who had a 10.5% decrease in court appearances. This differential impact of conferencing is due to the different court appearance profiles between indigenous and non-indigenous young offenders, with indigenous young people initiating offending at an earlier age and offending more frequently than non-indigenous young offenders.     

Youth justice conferencing and reoffending

The literature on restorative justice and reoffending consists largely of comparative analyses of traditional and restorative interventions and suggests small but significant differences or no differences in reoffending. We gathered data from conferencing observations and police records to explore the variable effects of conference dynamics and offenders' characteristics in predicting future offending. We found that youthful offenders who were observed to be remorseful and whose outcomes were reached by consensus were less likely to reoffend. This finding suggests that when attention is focused on the benefits of conferencing, it is possible to identify elements of conferences that are associated with reductions in crime.     

Procedural justice, routine encounters and citizen perceptions of police: main findings from the Queensland Community Engagement Trial (QCET)

Objectives

To test, under randomized field trial conditions, the impact of police using the principles of procedural justice during routine encounters with citizens on attitudes towards drink-driving, perceptions of compliance, and their satisfaction with the police.

Methods

We conducted the first randomized field trial??the ??Queensland Community Engagement Trial?? (QCET)??to test the impact of police engaging with citizens by operationalizing the key ingredients of procedural justice (neutrality, citizen participation, respect, and trustworthy motives) in a short, high-volume police?Ccitizen encounter. We randomly allocated 60 roadside Random Breath Testing (RBT) operations to control (business-as-usual) and experimental (procedural justice) conditions. Driver surveys were used to measure the key outcomes: attitudes towards drinking and driving, satisfaction with police and perceptions of compliance.

Results

Citizen perceptions of the encounter revealed that the experimental treatment was delivered as planned. We also found significant differences between the experimental and control groups on all key outcome measures: drivers who received the experimental RBT encounter were 1.24 times more likely to report that their views on drinking and driving had changed than the control group; experimental respondents reported small but higher levels of compliance (d?=?.07) and satisfaction (d?=?.18) with police during the encounter than did their control group counterparts.

Conclusions

Our results show that the way citizens perceive the police can be influenced by the way in which police interact with citizens during routine encounters, and demonstrate the positive benefits of police using the principles of procedural justice. Our study was limited by the use of paper-only surveys and low response rate. We also recognize that the experiment setting (RBT road blocks) is limiting and non-reflective of the wider set of routine police?Ccitizen encounters. Future research should be undertaken, using experimental methods, to replicate our field operationalization of procedural justice in different types of police?Ccitizen encounters.     

A survey of drug use and attitudes toward drugs among male law students and police trainees in Queensland,Australia: A research note

During first semester 1980, 96 first and last year male police students and 166 law students were surveyed about their drug use patterns and attitudes towards alcohol. Of these students, 69.3 percent drank at least once a month, 80.7 percent used coffee or tea, 23.6 percent analgesics, 3 percent antihistamines and marijuana and less than 1 percent sedatives, tranquilizers, stimulants, hallucinogens, cocaine or opiates once a month or more. Law students used caffeine and marijuana significantly more frequently than police students. On the whole, there were more similarities than differences between the two groups in terms of drug consumption. In terms of attitudes, police students felt significantly more than law students that alcoholism was caused by moral weakness and medical illness as shown in the Attitude Towards Alcoholism questionnaire. But significantly more police students (82 percent) than law students (37 percent) felt that it was important to have drug and alcohol education as part of their course of study. Also significantly more police students (58 percent) than law students (24 percent) felt that they were prepared to manage drug or alcohol problems professionally.     

The role of respect in interactions with police among substance-using African refugee young people in Melbourne,Australia

Racialized policing and substance use are major issues faced by African young people in Australia. In-depth interviews with 18 refugee young people who use alcohol and/or drugs examined interactions with police. Status respect and human respect played important roles in interactions with police. Participants felt unfairly targeted by police and reported that they were disrespected by police through the use of discriminatory language, failing to differentiate between individuals leading to a sense of loss of self-identity, and stereotyping. Development and implementation of programs focusing on building mutual understanding and respect is needed to improve relations between refugee-background youth and police.     

Promoting a culture of fairness: police training,procedural justice,and compliance

Objectives

Academics and practitioners alike are concerned about the potential “double-edged sword” of procedural justice. In the organizational context, procedural justice is expected to increase compliance with supervisors. However, blind, unthinking, or “hard” compliance with supervisors, may lead to anti-organizational behavior and misconduct. The present study examines the moderating effect of a police recruit cultural training program on the relationship between procedural justice and compliance with police supervisors. We expect that providing cultural training will moderate the relationship between procedural justice and “hard” compliance.

Methods

Participants were police recruits at the Queensland Police Academy who were randomly assigned to an experimental (Voice 4 Values) or control condition (business-as-usual training) upon entry into the academy. Recruits in both groups were surveyed pre- and post- training to capture perceptions of procedural justice and compliance with supervisors.

Results

Results suggest that procedural justice mattered less for predicting “hard” or unthinking compliance among the recruits who received the Voice 4 Values cultural training package, compared to those who did not receive the training.

Conclusions

We conclude that while procedural justice may be of interest to policing organizations, it is important that it is not used as a tool to encourage unthinking compliance. We find cultural training reduces the effect of procedural justice on unthinking or “hard” compliance.

     

The end of police prosecutions: Symptom of changing values in english criminal justice

This article contrasts the traditional English prosecutorial system, and its underlying values, with the new Crown Prosecution Service and the related values which have emerged from five years of official study and planning of prosecutorial reform. The traditional system reflected the English ideal of the amateur generalist. Under this system the police, acting as citizens, undertook most prosecutions, hiring legal assistance as needed. Ower the last twenty years, about three-quarters of the English police forces set up prosecuting solicitors departments. While these institutions give professional legal assistance to many police, they were purely local arrangements without statutory basis and legally similar to the traditional ad hoc arrangements. In 1986 the Crown Prosecution Service will be initiated. This is the product of a process of development which includes a Royal Commission, two governmental working parties, a white paper, a bill, and a managerial study. The result is a hierarchical structure of legal professionals independent of the police who will handle virtually all prosecutions. This prosecutorial structure exhibits the characteristics and values of modern rationalistic bureaucracy described by Max Weber. The adoption of these values in English criminal justice indicates the likelihood of change in other aspects of the system which rest on the conflicting traditional values.     

Policing built environment crime risks: the role of police in CPTED in New South Wales,Australia*

Crime prevention through environmental design (CPTED) is now routinely adopted in many parts of the world. The role assumed by police in CPTED practices has however received limited academic attention. Through an analysis of available documentation and interviews with local government planners from 10 Sydney councils, this article provides a (partial) understanding of the historical and contemporary roles police have played in the development and implementation of CPTED guidelines in New South Wales (NSW), Australia. It is argued that the NSW Police Force was a pivotal driver of the introduction of planning guidelines to ensure crime risks are considered when new developments are being planned. However, the ongoing contribution of police appears to have waned, largely due to administrative, practical and operational realities. These findings have relevance for ongoing CPTED practice and the work of specialist policing roles more generally.     

Co-option,coercion and compromise: challenges of restorative justice in Victoria,Australia

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 conclude with a discussion of implications for the use of RJ within a highly institutionalized setting.     

Legitimacy and online proceedings: Procedural justice,access to justice,and the role of income

Courts have long struggled to bridge the access-to-justice gap associated with in-person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well-established elements of procedural-justice perceptions, a primary predictor of how people view the legal system's legitimacy. This paper examines the implications of shifting legal proceedings online for both procedural-justice and access-to-justice perceptions. It also investigates the relationship of both types of perceptions with system legitimacy, as well as the relative weight these predictors carry across litigant income levels. Drawing on online traffic court cases, we find that perceptions of procedural justice and access to justice are each separately associated with a litigant's appraisal of system legitimacy, but among lower-income parties, access to justice is a stronger predictor, while procedural justice dominates among higher-income parties. These findings highlight the need to incorporate access-to-justice perceptions into existing models of legal legitimacy.     

Resilience of a corrupt police network: the first and second jokes in Queensland

Resilient organised crime groups survive and prosper despite law enforcement activity, criminal competition and market forces. Corrupt police networks, like any other crime network, must contain resiliency characteristics if they are to continue operation and avoid being closed down through detection and arrest of their members. This paper examines the resilience of a large corrupt police network, namely The Joke which operated in the Australian state of Queensland for a number of decades. The paper uses social network analysis tools to determine the resilient characteristics of the network. This paper also assumes that these characteristics will be different to those of mainstream organised crime groups because the police network operates within an established policing agency rather than as an independent entity hiding within the broader community.     

Unfinished business: Aboriginal reconciliation and restorative justice in Australia

In this paper we report on general findings and observations in Australia and from two days of the Deliberative Poll on Reconciliation in Canberra. With hundreds of representative Australians participating, and plenary sessions broadcast nationally, it appeared that Australia was progressing on its long journey toward aboriginal reconciliation. In this paper, we apply a theoretical analysis from criminology--restorative justice--to examine the means by and the extent to which the national community conference was a restorative event. Of particular interest to this analysis are the unintended restorative outcomes, the voices heard, the dialogues on apologies, regrets and the past, future possibilities, and responsibility. Some preliminary thoughts on the future of reconciliation will be offered and a few skeptical comments made.     

Demographic and clinical characteristics of 1092 consecutive police custody mental health referrals

The 43 police forces in England and Wales have made over 13 million arrests in the last decade. Yet, despite this high volume criminal justice system activity, and evidence of substantial health morbidity across the criminal justice pathway, mental health services in police custody have only been patchily developed, and the literature in this area is limited. Referrals (n = 1092) to a pilot mental health service operating across two police stations in a London borough were examined over an 18-month period in 2012/2013. The referred group had high levels of mental health and substance misuse problems (including acute mental illness, intoxication and withdrawal), self-harm, suicide risk and vulnerability (including intellectual disability), with some important gender differences. Although this work has limitations, the findings are broadly consistent with the small existing literature and they confirm the need for services that are sufficiently resourced to meet the presenting needs.     

Procedural justice and police legitimacy: a systematic review of the research evidence

Objectives

We undertook a systematic review and meta-analysis to synthesize the published and unpublished empirical evidence on the impact of police-led interventions that use procedurally just dialogue focused on improving citizen perceptions of police legitimacy.

Methods

The systematic search included any public police intervention where there was a statement that the intervention involved police dialogue with citizens that either was aimed explicitly at improving police legitimacy, or used at least one core ingredient of procedural justice dialogue: police encouraging citizen participation, remaining neutral in their decision making, conveying trustworthy motives, or demonstrating dignity and respect throughout interactions. The studies included in our meta-analyses also had to include at least one direct outcome that measured legitimacy or procedural justice, or one outcome that is common in the legitimacy extant literature: citizen compliance, cooperation, confidence or satisfaction with police. We conducted separate meta-analyses, using random effects models, for each outcome.

Results

For every single one of our outcome measures, the effect of legitimacy policing was in a positive direction, and, for all but the legitimacy outcome, statistically significant. Notwithstanding the variability in the mode in which legitimacy policing is delivered (i.e., the study intervention) and the complexities around measurement of legitimacy outcomes, our review shows that the dialogue component of front-line police-led interventions is an important vehicle for promoting citizen satisfaction, confidence, compliance and cooperation with the police, and for enhancing perceptions of procedural justice.

Conclusions

In practical terms, our research shows the benefits of police using dialogue that adopts at least one of the principles of procedural justice as a component part of any type of police intervention, whether as part of routine police activity or as part of a defined police crime control program. Our review provides evidence that legitimacy policing is an important precursor for improving the capacity of policing to prevent and control crime.     

Procedural justice,obligation to obey,and cooperation with police in a sample of Jamaican citizens

ABSTRACT

Procedural justice theory plays a central role in understanding police–citizen relationships. To test the universality of procedural justice theory, researchers have tended to assess the relative impacts of normative and instrumental models of policing in different geopolitical contexts. Building on Reisig and Lloyd’s study in Jamaica, we test in the current study the relative impacts of procedural justice (a normative factor) and police effectiveness and risk of sanctioning (instrumental factors) on Jamaicans’ obligation to obey the police and willingness to cooperate with police. We found that procedural justice predicted both obligation to obey and cooperation, although obligation did not predict cooperation. And while effectiveness predicted obligation, it was not significantly related to cooperation. Lastly, older citizens were more willing to cooperate with police. The study’s implications for policy and future research are discussed.