Youth Justice-An International Journal最新文献

{"title":"‘Finely Balanced’ and ‘Competing Considerations’1: Mental Disorder as a Factor in Sentencing Children and Young People","authors":"N. Stone","doi":"10.1177/1473225420983934","DOIUrl":"https://doi.org/10.1177/1473225420983934","url":null,"abstract":"Any criminal justice system grounded in perpetrators’ rational choice in and personal responsibility for their criminal behaviour has to determine what accommodation to reach with any mental disorders that may be regarded as counter to that a priori foundation. As regards guilt and the assumption of mens rea, the law of England and Wales affords a rarely pursued and tightly boundaried insanity defence, where the perpetrator is deemed to lack any capacity, and in respect of allegations of murder the scope to seek a finding of guilt of manslaughter by reason of diminished responsibility where the defendant can establish that he or she was ‘suffering from an abnormality of mental functioning’ at the time of crime which: (1) caused, or was a significant contributory factor in causing the defendant to carry out that conduct; (2) ‘arose from a recognised medical condition’; and (3) ‘substantially impaired’ their ability to do one or more of (a) understanding the nature of their conduct; (b) forming a rational judgement and (c) exercising self-control.2 More prevalently yet more imprecisely, allowance is made for mental disorder at point of sentence, either in weighing culpability, or in tempering or shaping the severity/nature of penalty/disposal, or in factoring in the risk posed by the disordered defendant. Under Part 12 of the Criminal Justice Act (CJA) 2003, what until recently has come closest to a statutory sentencing code in this jurisdiction,3 the following modest provisions are made for ‘mentally disordered offenders’:4","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225420983934","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45655466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Youth Justice Reforms in Norway: Professional Support for the Panopticon Society?","authors":"Dag Leonardsen, T. Andrews","doi":"10.1177/1473225421995265","DOIUrl":"https://doi.org/10.1177/1473225421995265","url":null,"abstract":"In 2014, Norway implemented a reform called ‘Youth supervision’ and ‘Youth sentencing’, inspired by restorative justice principles. This article presents the main content of this reform and considers experiences until today. The discussion looks at some challenges related to the reform: Will reduced imprisonment be the result? Do we see the contours of a panopticon society through this reform? Can young offenders be ‘trapped in help’, without necessary legal protection? Is there a danger of professional invasion, where diagnostic perspectives will dominate? These questions are discussed against international experiences on restorative justice reforms.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2021-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225421995265","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43040381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Alignment of Vietnamese Law on the Treatment of Juvenile Prisoners With International Standards and Norms","authors":"Le Huynh Tan Duy, Yvon Dandurand","doi":"10.1177/1473225421995266","DOIUrl":"https://doi.org/10.1177/1473225421995266","url":null,"abstract":"Criminal sanctions, in spite of their obvious limitations, play an important role in the prevention of juvenile crime. In spite of international admonitions against the use of detention, Vietnam like many other South-East Asian countries still relies heavily on the deprivation of liberty, in both specialized juvenile institutions and adult prisons, in handling juvenile offenders. Because imprisonment, according to international standards, is meant to be used only as a last resort and for the shortest period of time possible, juvenile justice research has tended to ignore what is going on in places of detention and focus instead on diversion and alternatives to detention. This article focuses on Vietnamese law concerning the prison regimes applicable to juvenile detainees and the extent to which it complies with internationally accepted standards and norms. It reviews existing measures for the protection of juveniles against all forms of violence during their incarceration, including abusive disciplinary measures and the absence of independent oversight of prisons. It also considers arguments for and against the building of juvenile prisons to separate juveniles from adults as required by article 37 of the Convention on the Rights of the Child. It concludes with recommendations for legal reforms.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225421995266","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49278513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Can Professional Interventions Contribute to an Escalation in Cases of Youth Violence? Considering the Impact of the Shift from Informal to Formal Youth Support on an Inner City Housing Estate","authors":"James Alexander","doi":"10.1177/1473225421990758","DOIUrl":"https://doi.org/10.1177/1473225421990758","url":null,"abstract":"Youth violence is on the increase across many UK cities and although national trends, such as more networked entrepreneurial drug dealing, are contributing to the spread of such incidents, localised community environments play a significant role in the development of violent youth cultures. Based on a 4-year ethnographic study, this article explores how the shift from a resident led, relationship-based interaction, to a more professionalised evidenced-based intervention model, increased the risk of young people getting involved in youth violence. Efforts to address youth violence should consider including more relational informal support networks, alongside more specialist interventions.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2021-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225421990758","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48660273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Youth Justice News","authors":"T. Bateman","doi":"10.1177/1473225420985092","DOIUrl":"https://doi.org/10.1177/1473225420985092","url":null,"abstract":"In England and Wales, youth offending teams (YOTs), the statutory multi-agency partnerships with responsibility for providing services to children subject to youth justice interventions, are inspected by Her Majesty’s Inspectorate of Probation. The Inspectorate’s Annual Report, published in November 2020, summarises the outcome of those inspections and indicates that children in care are substantially over-represented among those subject to formal youth justice disposals. On 31 March 2019, 78,150 children were looked after by the local authority in England (Wales has devolved responsibility for children’s services and Welsh children are accordingly not included in the data), a rate of 65 per 10,000 children in the population, or 0.65 per cent. By contrast, according to the Probation inspectorate, in the 24,000 cases examined in 2018/2019 of children given a caution or subject to a court order, an estimated 4500 (approaching 19 per cent) were children in care. Although figures are not directly comparable, it would appear too that over-representation rises in line with the level of youth justice intervention. Thus, 26 per cent of cases inspected, over the past 2 years, of children subject to a court disposal (that is omitting those given a pre-court disposal), were ‘in the care of the local authority at some point during their sentence’. Surveys of children detained in young offender institutions (YOIs) and secure training centres (STCs) during 2018/2019 (children in secure children’s homes (SCHs), the third type of custodial establishment are not included in the data) found that more than half (52 per cent) reported having been in care at some point in their lives. The Probation Inspectorate also found that the quality of provision to children in care by YOTs was, on average, of a lower standard than that given to their non-care counterparts. Moreover, as shown in Table 1, where looked-after children were placed outside of their local authority area, the quality of services was further diminished. For that group of cases, planning, delivery and review of interventions were all assessed as requiring improvement on aggregate.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225420985092","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49435588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Connectors, Horizon Stretchers, Outsiders: Youth Justice Practitioners in Rural England","authors":"H. Marshall, J. Harvey, C. Lanskey","doi":"10.1177/1473225419893778","DOIUrl":"https://doi.org/10.1177/1473225419893778","url":null,"abstract":"This article advances research on the practice of youth justice in rural contexts. Drawing on Ingold’s dwelling perspective, and empirical research with youth justice practitioners in rural England, we explore how practitioners develop their practice through their relationships to their rural working environments. We find that through these relationships, practitioners develop themselves as ‘connectors’, aiming to reduce the impact of Fordshire’s remoteness and isolation on young people; as ‘horizon stretchers’, seeking to raise aspirations and broaden imaginations; but often find themselves to be ‘outsiders’ in relation to rural communities. Accordingly, we argue that youth justice work is infused with the lived realities of the contexts in which it is practised and that ongoing debates over the localization of youth justice must take this into account.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225419893778","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44165937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rethinking Youth Justice Journeys: Complex Needs, Impeded Capabilities and Criminalisation","authors":"Sarah Brooks-Wilson","doi":"10.1177/1473225419893791","DOIUrl":"https://doi.org/10.1177/1473225419893791","url":null,"abstract":"This article rethinks youth justice policy and practice in terms of movement, challenging its dominant, static framing. Holistic services have a high travel burden, with absence extremely problematic for effective practice. Yet children’s youth justice journeys and their effects currently remain invisible. Evidence from 28 young people and 33 practitioners will demonstrate the urgent need to develop policies that do not punish children who are poorly placed to travel. The compulsory catapulting of ‘kinetic underclass’ members around locality settings suggests the need for policy innovation, with new ‘minimum standards’ providing effective, child-centred opportunities through comprehensive yet malleable minimum entitlements.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225419893791","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47110107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Canadian Rural Youth and Role Tension of the Police: ‘It’s Hard in a Small Town’","authors":"R. Ricciardelli, Michael Adorjan, D. Spencer","doi":"10.1177/1473225419872406","DOIUrl":"https://doi.org/10.1177/1473225419872406","url":null,"abstract":"This article presents findings from a case study examining youth perceptions of the police in rural areas of Eastern Canada. A total of 20 semistructured focus group discussions were conducted with 60 youth from Canadian rural Atlantic areas, who were purposively recruited, with groups stratified by age and gender. Discussions centered on role tension regarding the police’s role, that is, along a continuum between law enforcement and public protection versus community policing and crime prevention. Our discussions highlight the arguably ironic view that it is harder to maintain trust when there are strong personal relations with the police. Discussions highlight the ‘pros and cons’ of informal familiarity with police officers, especially the presence of school resource officers and policing in the context of monitoring youth on modes of transportation germane to rural Atlantic Canada (i.e. skidoos). Implications from this study suggest that when dealing with youth, identifying and addressing youth perceptions of the police role can help improve police–youth interactions.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225419872406","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48829074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Experiences of Youth Mentoring Through Street Dance","authors":"A. Gunay, A. Bacon","doi":"10.1177/1473225419879248","DOIUrl":"https://doi.org/10.1177/1473225419879248","url":null,"abstract":"There has been limited research regarding the effectiveness of mentoring for at-risk youth in the United Kingdom and none focussing on a dance-based intervention. This study explored experiences of a mentoring through street dance programme. Eight participants (aged 16–18) and their mentor took part in semi-structured interviews which were transcribed verbatim and the data subjected to thematic analysis. Three emergent themes were identified: Relationship with mentor, changes in outlook and coping with emotions. Data indicated that the programme resulted in increased mental wellbeing, desistance from antisocial behaviours, positive future outlook and greater awareness of life opportunities. A trusting, non-hierarchical mentor-mentee relationship was central. Inclusion of mentor narratives was a novel aspect of the study and allowed for insight into how this was achieved. Street dance itself provided a framework for confidence building, social levelling and bonding. Results are discussed in terms of future directions for good practice.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225419879248","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42280931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Understanding Children’s Court Processes and Decisions: Perceptions of Children and Their Families","authors":"Bernadette J. Saunders, Gaye T. Lansdell, J. Frederick","doi":"10.1177/1473225419890691","DOIUrl":"https://doi.org/10.1177/1473225419890691","url":null,"abstract":"This article presents preliminary findings regarding children’s and families’ experiences of Children’s Court proceedings in which they are participants. The findings come from a systematic review of Australian and international qualitative literature in relation to how children and their families perceive and understand these court processes. The review reveals that we know little about children’s and parents’ perspectives. However, their insights are vital so that courts can reasonably address issues and concerns, give effect to obligations under the United Nations Convention on the Rights of the Child (CRC) 1989 and foster a problem-solving, therapeutic court approach.","PeriodicalId":45886,"journal":{"name":"Youth Justice-An International Journal","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473225419890691","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48079595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}