test 2 Flashcards
(63 cards)
Why do we have a CJS
- To protect rights and freedoms
- Outlines what is unacceptable & penalties for lawbreaking
- Enfore the rules
To avoid further social & financial cost of crime
Statistics of who engages in crime
- 1/4 have criminal conviction
- 1/3 of men
1/2 of Maori and Pasifika men
- 1/3 of men
Whos in our prisons
- Over 90% male
- Over 35% on remand
- Range of ages but maj. Between 25-50 years
- Overrepresentation of Maori & Underrepresentation of Pakeha
Most in prison for violent and sexual offences
Why are indigenous people more involved in CJS
Maori with no prior contact with CJS are 7 times more likely to end up being charged by police. Judicial system treats Maori more harshly at every step Maori are disproportionately exposed to risk factors
Key individual factors influences CJS vulnerability
Peers, education/cognitive capacity, mental health and substance use, trauma experiences, other issues
Key family/whanau factors influencing CJS vulnerability
Parenting approaches, availability of caregivers, parental offending and incarceration
Wider systems that influence involvement in CJS
Integenerational impact of colonisation, trust in govt institutions
Core principles of YJS
- Accountability
-Restitution/Compensation
Rehabilitation
3 key parts of YJS
- Alternative action (lowest level of intervention (60-65%)
- Family Group conference (5%)
- Youth court (20-30%)
Alternative action (diversion)
- Flexible (any action that will likely reduce reoffending)
- Informal community work
- Counselling
Agreement to pay reparation, apologies, assignments etc
Warning or Caution (scary enough for child and parent)
Family Group Conferences
Hui based on tikanga where, Young person, family/whanau, support, Youth justice, lawyer, police, victim attend. Make recommendations e.g., apology, reparation, comm service, curfec
Issues with YGC
Victims often don’t attend in new Zealand. When victims do attend, it can be a positive experience
What influences quality of FGC
- Well prepared victims/survivors
- Well-supported victims/survivors
- Culturally appropriate
- Timely referrals from police (not a long delay)
Involving well trained and resourced professionals (can be highly emotional)
Youth Court
More informal than adult court, Serious cases, Closed court (judge, family/whanau, police, victims, youth advocate, MCOT - presence of others ONLY w judges permission
Outcome of youth court
Cases are “proven” (court ordered FGC usually held) - High court for murder and manslaughter
- Adult court for sentencing if case is proven or if opt for jury trial
Youth court outcomes
- Diischarge
- Fines & other restitution
- Rehabilitation
- Parenting programmes (recongise child does NOT Operate in isolation)
Mentoring programmes
Rangatahi courts
Established in 2008 in gisborne (now 16 around country). Held on Marae
Rangatahi court evaluation
- Better engage Maori Rangatahi and include their whanau and communities in YJ process
NOT limited to Maori - any young person can choose to go to marae. - Success supported by culutral relevance and cultural processing
Levelling of people (less barriers)
Unintended positive outcomes of rangatahi
- Improved communication skills by young person
- Opportunities to be involved in leadership and mentoring
Engaged and established connections with Marae community
Consent process in YJ research
- Literacy, learning and cognitive issues (therefore need to present information in engaging way, simplified, less dense)
YJ research in NZ
- Methods utilised to engage and respect mana of children, take into account developmental stage, life experiences, capacities etc
Methods used to investigate YJ children
- Mirror hui process
Semi structured interviews
Findings of YJ study
Young people DONT understand court system very well. Cognitive ability influences understanding
Challenges in court as established by YJ study
- Lack of responsiveness to the needs to rangatahi
- Physical layout
- Process in the youth court
- Westernised (concerns about how well the YK responded to the cultural needs of different Rangatahi (some people seemed pressured to go to marae based court)
- Communication difficulties
- Relational Challenges
Frustration with NZYJS both for themselves and rangatahi