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.     

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.     

Southeast Asian Refugee Youth: Implications for Juvenile Justice

Abstract Southeast Asian refugees have been arriving in the U.S. in significant numbers since 1975. While they have had a history of a seemingly smooth resettlement and acculturation to this country, the number of Southeast Asian youthful offenders has increased dramatically since 1984. Factors common among refugee youth which have contributed to this rise include: problems of acculturation; role reversal with parents; lack of shared values, parental guidance and school success; and mental health problems often stemming from their history of war, traumatization, and loss before coming to this country. This article will discuss these factors and the implications for the juvenile justice system. The discussion will also highlight culturally appropriate intervention strategies for personnel working with these youth and their families.     

Procedural Justice in Resolving Family Conflict: Implications for Youth Violence Prevention

The fairness of our legal system is often judged by individuals and the public at large along dimensions of procedural and distributive justice. People seem to care about how legal decisions are made as well as about the specific outcomes reached by juries and judges. In fact, perceptions of procedural and distributive justice or injustice may influence public perceptions and confidence in the legitimacy of our legal system. This paper focuses mainly on procedural justice. Using an ecological framework, we tested the hypothesis that older adolescents use the same or similar criteria for evaluating fairness in the context of family decision making that people in general use to evaluate the fairness of legal processes and decisions. We also tested the hypothesis that family decision-making procedures that are perceived to be unfair contribute to increased risk for acting out and deviant behavior among older adolescents. Principal components analysis confirmed that older adolescents use several distinct criteria for evaluating procedural fairness in the family context and that these criteria are comparable to those that people use to evaluate the fairness of legal procedures (rational and objective treatment conveying personal respect, consistent and non-discriminatory treatment reflecting social status or standing, and instrumental participation or having "an opportunity to be heard"). Hierarchical multiple regression analysis confirmed that procedural justice factors are associated with adolescent deviant behavior. We discuss implications for adolescent deviance and youth violence prevention.     

Youth Mental Health First-Aid: Juvenile Justice Staff Training to Assist Youth with Mental Health Concerns

Many youth in juvenile justice settings meet criteria for a mental health condition. Front line staff need to be able to recognize and respond to their needs, but training is often lacking. Youth Mental Health First Aid (YMHFA) is an 8-hour training for adults without mental health education to recognize and assist distressed youth. This study surveyed 1,279 [State blinded] DJS front-line staff trained in YMHFA. Of 338 returned surveys (26% response), 44% reported using YMHFA skills at work, 56% in preventing a crisis, 25% during crises. Respondents rated YMHFA as significantly improving their responsiveness to distressed young people.     

Responsibility and Rights: Children and Their Parents in the Youth Justice System

Responsibility is one of the key themes to emerge from the reformsto the youth justice system that have taken place since 1998.Now, the child and his parents are responsible for the offendingbehaviour of the child. This article explores the nature ofchild and parental responsibility in the youth justice system.In particular it analyses the type of responsibility demandedof both child and parent, drawing on the work of Hart and Caneto provide a conceptual analysis of responsibility in youthjustice. It goes on to consider the impact on the rights ofthe child and his parent of the mechanisms used to require responsibilityfrom parents for their child's offending (such as parentingorders, bind-overs, and the payment of fines and compensation).It suggests that there has been a lack of conceptual clarityin government policy and that if the current scheme for demandingparental responsibility continues then better attention needsto be paid to the rights of both parent and child.     

Relational Justice in Organizations: The Group-Value Model and Support for Change

This paper examines the psychological dynamics of the Group-Value Model for a behavioral orientation which has seldom been considered in the social justice literature: acceptance and support for change. A field study was conducted, with 176 participants members of an organization which was undergoing a change process. Participants were asked (a) to think of a specific relevant conflict situation with their supervisor; (b) to evaluate supervisor's behavior in that situation, with respect to relational and distributive justice; (c) to state the justice aspects most valued in conflict situations with their supervisor. A test of the model was conducted through a mediation analysis. According to the Group-Value Model (GVM), respect experienced within the group and pride in the group were mediating variables between justice judgements and orientation toward acceptance and support for change in the organization. Interactional and procedural aspects (relational judgements) were the only ones to predict pride, respect, and behavioral orientation, and were also the ones most valued in general conflict situations with the supervisor. The model was also tested at three different levels of analysis: organization as a whole, department, and work group. This confirmed pride and respect within the group as mediating variables between relational justice judgements and orientation toward acceptance and support for change at the department and workgroup levels.     

Theorising Children's Rights in Youth Justice: The Significance of Autonomy and Foundational Rights

This paper develops a theoretical approach to children's rights in youth justice, located within a wider rights‐based theory of criminal justice which emphasises the centrality of citizens' autonomy. Understanding what is special about children's rights in the youth justice system requires an understanding of how children's autonomy differs from that of adults. One difference is that within the legal system children are not considered to be fully autonomous rights‐holders, because childhood is a time for gathering and developing the assets necessary for full autonomy. These assets should be protected by a category of ‘foundational’ rights. It is argued that an essential component of a rights‐based penal system for children is that it should not irreparably or permanently harm the child's foundational rights. The concept of foundational rights can then underpin and strengthen international children's rights standards, including those relating to the minimum age of criminal responsibility, differential sentencing for children and adults and a rights‐based system of resettlement provision.     

Kids are Different: The United States Supreme Court Reforms Youth Sentencing Practices for Youth Prosecuted in the Criminal Justice System

In a series of decisions issued between 2005‐2016, the United States Supreme Court relied on emerging scientific research detailing the developmental differences between children and adults to revamp its juvenile sentencing jurisprudence under the Eighth Amendment. The research established that youth’s developmental immaturity reduces their culpability for their criminal conduct, while also demonstrating their heightened capacity for change and rehabilitation. The Court focused on the most extreme sentences for youth, banning the imposition of the death penalty on youth under the age of eighteen in Roper v. Simmons (2005), and severely limiting the availability of life without parole sentences even for youth convicted of murder, in Graham v Florida (2010) and Miller v Alabama (2012). This article traces the Court’s evolution in reviewing sentences for youth in our justice system, and considers how the Court’s reasoning in these cases may influence further reforms in the justice system’s treatment of youth looking ahead.     

Youth probation officers' interpretation and implementation of the Youth Criminal Justice Act: A case study of youth justice in Canada

Many juvenile justice systems are characterized by an amalgam of different principles and ideologies, which have been incorporated into laws and policies regarding youth crime. This study examines the perceptions of youth probation officers (YPOs) concerning the 2003 Youth Criminal Justice Act (YCJA) in Canada, which is one recent case example of a mixed model of juvenile justice. For instance, although the Act emphasizes diversion and community-based sanctions for first time and minor offenders, it also allows for adult-length custody sentences for the most serious and violent youth. This study asked YPOs about their understanding of the YCJA and their ability to apply the Act in their daily work as well as their access to community programs in 2004 and 2007. The results as well as previous research on the YCJA and policy implications are discussed.     

The Swansea Bureau: A model of diversion from the Youth Justice System

The Swansea Bureau is an innovative initiative designed to divert young people out of the formal processes of the Youth Justice System. The Swansea Bureau extends beyond simple diversion grounded in minimal or non-intervention and into tackling the underlying causes of youth crime through mechanisms that normalise youth offending and promote prosocial behaviour, children's rights, youth participation and the engagement of both parents/carers and the local community. Inter-agency working is pursued in a political, strategic and operational context of viewing young people as ‘children first, offenders second’. This article discusses the development of the Bureau and explores how this child-orientated model is beginning to yield positive results in terms of decreases in first time entrants into the Youth Justice System and reductions in reconviction. The Bureau process has also elicited widespread positive qualitative feedback from key stakeholders regarding its engagement with Welsh national policy, parents/carers and the children's rights agenda.     

Westmoreland County Youth Commissions: A Diversionary Program Based on Balanced and Restorative Justice

The Westmoreland County Youth Commission is a diversionary program based on Balanced and Restorative Justice. The purpose of the program is to reduce caseload and lower costs of the juvenile court as well as provide youths with a rehabilitation program with close supervision. This study was exploratory in nature to describe what has been happening with youths diverted to the Youth Commissions. Data was collected from the 19 Youth Commissions, and a total of 559 cases were reviewed. Outcome data reveals that young offenders were assessed individually, and sanctions were imposed to hold them accountable, cultivate competency, and have them become cognizant of their part in community protection/public safety. Overall, 91% of the youths completed the program. Thus, this program appears to be a viable alternative to juvenile court processing.     

An Application of Foucauldian Concepts to Youth in the Criminal Justice System: A Case Study

In this paper, I examine the relationship between youth and the Canadian youth justice system within a Foucauldian framework. Of particular interest are the implications inherent in the interconnectedness of agencies and organizations of social control in the classification, detection, and treatment of youth in conflict with the law. I focus my analysis on the policies of one youth correctional facility located in the province of Saskatchewan to provide a practical application of Foucauldian theoretical concepts to an analysis of youth and formal social control. Lauren Eisler completed her Ph.D. in sociology at the University of Saskatchewan and is currently an Assistant Professor of Criminology at the Brantford campus of Wilfrid Laurier University. Her work focuses on the relationship between the institutional control of disadvantaged youth and the public constructions of youth culture as criminogenic. She has done extensive consulting work for government and community organizations in Canada.     

A Retrograde Step: The Potential Impact of High Visibility Uniforms Within Youth Justice Reparation

Abstract: The Labour government has recently introduced uniforms for adult offenders undertaking community service as part of their community orders. There have also been calls within the youth justice arena to introduce uniforms to young offenders undertaking reparation. Through observations, interviews and questionnaires with young offenders and their supervising staff, we argue that the introduction of uniforms will be counterproductive on a number of levels. In short, it would be a retrograde step. We conclude with a suggestion on how to increase the visibility of unpaid work by offenders within the community, without the negative impact of uniforms.