Can the Children's Court Prevent Further Offending? (From Preventing Juvenile Crime Conference Proceedings No. 9, 1991, P 131-139, Julia Vernon, Sandra McKillop, eds. -- See NCJ-135877)

• NCJ Number: 135891
• Author(s): I O'Connor
• Date Published: 1991
• Length: 9 pages
• Sale Source: Australian Institute of Criminology
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia

Annotation

The capability of Children's Court to prevent further juvenile offending is examined.

Abstract

The recent legal and ideological changes in the Children's Court are discussed, particularly the shift from a welfare to a due process approach as well as the consequences of decarceration and the focus on child protection. The results of a study of young peoples' understanding of the court system indicated that children misunderstood and misconstrued much of what occurs in court. In order to respond to juvenile offending, a reorientation of the present system of the Children's court is proposed. The main elements of this approach include respect for children, nature of juvenile crime, responses to the crime, reconciliation, informality, and taking the life conditions of youth seriously. If the crime is to be taken seriously, then the court requires similar consideration. This constitutes safeguarding childrens' legal rights and conducting proceedings in a manner understandable to the child. In addition, the child should have the ability to participate meaningfully in the court process, and sentences should be proportionate to the crime and reconciliatory rather than punitive in function and orientation. 8 references