Family Conferencing for Juvenile Offenders: A Singaporean Case Study in Restorative Justice

Restorative justice has been or is being adopted in many parts of the world, including countries in Asia. In the case of Singapore, restorative justice was adopted by the court system in 1997 as its guiding philosophy in its approach towards juvenile offenders. This article traces the adoption of restorative justice by the Juvenile Court in Singapore and the use of family conferencing in the light of the principles of restorative justice. It concludes by suggesting areas where the family conferencing system in Singapore can be improved, and possible lessons for other jurisdictions considering adopting family conferencing.     

The New Zealand Model of Family Group Conferencing

The Family Group Conference (FGC) originated in New Zealand where it is the foundation stone of the Youth Justice system introduced in 1989. A significant feature of that system is the way in which it enables restorative justice principles to be implemented in an integrated manner in a statutory framework supervised by the courts and applicable to all young offenders throughout New Zealand. FGCs are used both as a diversionary technique (pre-adjudication) and at a (post-adjudication) pre-sentencing stage. In addition this type of model is now being applied in a voluntary way but on a small scale with adults. A significant feature of the FGC model is its greater use of community-based solutions with a consequent reduction in the number of young persons in state institutions.     

Family Group Conferencing Comes to the U.S.: A Comparison with Victim-Offender Mediation

A boy hesitantly appears in the doorway to a meeting room. A large man wearing a name tag greets him thoughtfully and points out where he should sit in the horseshoe of chairs in the room. The boy crosses the room, picks his name tag up off the chair, puts it on crookedly, and sits down. On his face apprehension alternates with bravado. As his mother and sister, done with hanging their coats, enter the room the boy begins to fidget quietly. The large man greets them and points out their places in the horseshoe of chairs; they find their name tags on their chairs and sit down on either side of the boy. Other people that the boy and his family are close to appear in the doorway, are greeted, and move to their seats farther down the arch of the horseshoe: his grandfather and cousin, his basketball coach, his school social worker, an elderly neighbor, and a member of his mother's church. Their faces, and those of his mother and sister, betray various emotions; grim calm, hopefulness, solemnity, foreboding, sadness, and quiet interest. When they are seated, the chairs on one side of the horseshoe arch are full. The investigating officer enters, and sits at the apex of the arch. When they are all seated, the large man leaves the room and comes back with a group of people who have been waiting in a nearby room. The boy's victim enters the room first; she is a small, white-haired woman who shakes a little as she crosses the room and sits in a chair directly across the horseshoe from the boy. The boy glances quickly at her and then looks down and away to avoid her eyes. On her face, anxiety is swiftly replaced by surprise, relief, and then anger as she openly studies the boy across from her. Her daughter, a middleaged woman, sits down on one side of her, and her teenaged grandson takes his place on the other side of the victim. The older woman's minister, two elderly women neighbors, and a middle-aged male friend find their name tags on chairs further down the horseshoe's arch. When they sit down they fill the last vacancies in the horseshoe of chairs. The large man who greeted them all takes his place on a chair at the open end of the horseshoe. He is the conference coordinator and the only one with whom every person present has spoken about this meeting. He smiles quietly, looks around the circle of faces, clears his throat, and begins the family group conference.     

An Empirical Review of Family Group Conferencing in Juvenile Offenses

This study reports the results of an effect size analysis of the effectiveness of family group conferencing (FGC) on recidivism and satisfaction in juvenile offenses. Analyses were conducted on nine studies consisting of 2,880 juveniles. The average recidivism effect size for all studies showed no FGC treatment effect on recidivism. A total satisfaction effect size was calculated by the mean score of all satisfaction variables for victims, offenders, and supporters. The average total satisfaction effect size was moderate. The average effect size for satisfaction of victim, offender, and supporters was calculated for all satisfaction variables. The average total satisfaction effect size for victims was strong, moderate for offenders, and mild for parents and supporters. Between groups, comparisons were conducted to examine differences in overall satisfaction by participant group. While there were higher effect sizes for victims compared to supporters and offenders, there were no statistically significant differences between groups. Results find no support for the effectiveness of FGC in reducing recidivism. Results do show higher effect sizes for FGC in comparison to control groups in satisfaction with the criminal justice process. Recommendations for methodological improvements in future FGC research are discussed.     

Associated Adults: Prospective Person Memory for Family Abducted Children

In family abductions, authorities sometimes release pictures of both missing children and associated adults. The effectiveness of this approach was tested in a prospective person memory experiment. Participants studied mock missing child posters including a picture of a child, a picture of a child alongside a picture of the correct adult, or a picture of a child alongside a picture of the incorrect adult. Participants then saw pictures of child/adult pairs with instructions to make a response to ‘alert authorities’ if the target individuals were seen. Including the picture of the correct adult on the poster, significantly improved recognition relative to the other two conditions. There was no significant effect of including the picture of the incorrect associated adult.     

Restorative Justice: The Ideals and Realities of Conferencing for Young People

This paper is concerned with the nature and complexities of restorative justice. It uses Braithwaite’s (Br J Criminol 42:563–577, 2002a) framework of constraining, maximising and emerging restorative standards to understand the interactions that underpin success and failure in practice, i.e., ‘restorativeness’. Using qualitative data from observations of youth justice conferences in New South Wales, Australia, the roles of empowerment (as an example of a constraining standard), restoration of communities (as an example of a maximising standard) and remorse over injustice (as an example of an emergent standard) are examined. Findings confirm that restorative justice is best conceived as a continuum of dynamic process and outcome related values. Non-domination is paramount to achieving restorative justice. However, the presence, absence, and nature of other values such as storytelling, respectful listening, victim and support attendance, and apology are also important. They affect where a restorative event falls on the restorative continuum, and they affect the likelihood of other standards being met.     

Protect Our Children: Vaccination Exemptions Can Establish Child Abuse and Neglect

The need to protect public health has increased as the anti‐vaccine movement is on the rise. Exemptions to vaccination requirements have become more lax, and parents find ways to avoid vaccinating their children, thereby exposing not only their children to the dangers of serious diseases, but other children as well. This Note proposes a federal statute mandating that parents subject their children between the ages of infancy and 6 to acquire vaccinations for all diseases recommended by the Centers for Disease Control and Prevention unless a licensed physician recommends otherwise.     

Mater Dolorosa: Negotiating Support in NSW Youth Justice Conferencing

At the heart of Youth Justice Conferencing, a form of restorative justice aimed at addressing youth crime, is the notion that young persons who have committed an offence should be ‘reintegrated’ into their communities (Braithwaite in Crime, shame and reintegration. Cambridge University Press, Cambridge, 1989). This paper focuses on the role of parents as support persons, in particular the ‘crying mum’, an identity often leveraged by the Convenor when prompting the young person to express remorse to the circle. We explore an Avouchment genre that we have observed whereby support persons vouch for the character of the young person. Our analysis considers the ways in which values are composed (as ideational categories are coupled with evaluative interpersonal ones) and unfold in discourse as invitations for participants to align. In Knight’s (2010) terms, when shared, couplings of ideation and evaluation engender bonds through which participants may commune.     

论“商业成功”的创造性认定标准

根据《专利审查指南》的规定, “商业成功”成为专利获得创造性认定的辅助性证明标准.而自商业成功被纳入创造性评判标准以来,几乎没有一件专利申请因主张商业成功而最终被认定具有创造性.其原因在于,商业成功与创造性之间并不存在必然的逻辑联系,而现有审查标准要求二者关系的建立,应以区别技术特征直接导致商业成功为前提,而非广告宣传等其他因素所致.如何证明商业成功的直接原因是区别技术特征而非其他因素,成为专利申请人、专利审查员和法官面临的重要难题.在鼓励技术创新、激励技术市场应用日益成为国家乃至世界趋势的今天,我们应当更加关注此类专利申请,明确其审查标准,更加灵活地处理此类商业成功专利创造性认定问题.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

Forgotten Children of Immigration and Family Law: How The Absence of Legal Aid Affects Children in the United States

The absence of government‐appointed legal counsel in immigration proceedings adversely affects large numbers of children in the United States. Children born in the United States to parents without citizenship status (U.S.‐born children of noncitizen parents or UCNP) are harmed by a parent's detention and removal. Unaccompanied alien children (UAC) who have entered the country without legal status are adversely affected by their own detention and removal. The possibility of obtaining relief from removal is drastically diminished by the lack of legal representation. Currently UAC and immigrant parents are not entitled to court‐appointed attorneys. Any meaningful change in immigration law, such as a federal statutory amendment to provide UAC and immigrant parents with government‐appointed counsel is unlikely due to the present political dissension in Congress regarding this issue. Because UAC and immigrant parents are not entitled to government‐funded legal representation, a pro bono legal service system has developed, but is unable to meet the present need adequately. For immigrant parents, this Note proposes the adoption of a statute to allow the appointment of court liaisons in family court proceedings. The court liaison is a nonattorney who is familiar with the processes of the family court and ensures that immigrant parents are fully informed regarding all pertinent family court proceedings. For UAC, this Note proposes an amendment to the William Wilberforce Trafficking Victims Protection Reauthorization Act to mandate the appointment of a child advocate to all UAC. The child advocate is not a lawyer, but works with the UAC's attorney to provide the child with legal representation and advocacy.

Key Points for the Family Court Community:
• UCNP confront the loss of parents to detention and removal. Children are condemned to limbo, torn between absent biological parents and placement in foster care.
• The recent surge in the number of UAC who enter the United States by crossing the border from Mexico has been described as a humanitarian crisis. These children often remain alone without legal protection, vulnerable to detention and removal.
• Ideally, UAC and the immigrant parents would be provided with government‐funded legal representation in immigration proceedings. In the absence of the federal statutory reform necessary to make that a reality, state statutory reform to allow for the provision of court liaison programs for immigrant parents and federal statutory reform to allow the appointment of child advocates for UAC can begin to offer children and families needed legal support and advocacy.

     

Legislating the Family: The Effect of State Family Laws on the Presence of Children in Same‐Sex Households

Faced with legal animus or outright legal prohibitions on adoption, fostering, or surrogacy, gay men and lesbians could be deterred from family formation. In this article, we use 2000 U.S. Census data to assess the validity of this assumption by examining the effect of positive and negative family laws on the presence of children in the households of same‐sex unmarried partners. In doing so, we seek to assess whether formal law plays a central role in family formation outcomes for gay men and lesbians. Employing a multilevel analysis, we find that formal law, particularly negative formal law, appears to play little role in outcomes involving family formation. Formal law might, however, play a greater role when defining property or other legal rights, such as through second parent adoption. These findings are compatible with the notion that individuals are less likely to consult formal law in their everyday lives—particularly with regard to family matters—but are more likely to do so with regard to family issues concerning wills and estates, transfers of property, or other “business” matters.