Principles Of JJ Flashcards

0
Q

What are the principle that underlie contemporary approaches to JJ in Australia and the western world?

A
  1. 10 years old = age of responsibility
  2. Right to privacy = identify if over 16 or an indictable offense
  3. Lowest level of punishment
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1
Q

What is meant by Doli Incapax?

A

“incapable of doing wrong”
= child under age of 14
= due to a lack of necessary criminal intention
= acknowledging a young persons developmental capacities

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2
Q

What guides approaches to JJ in Australia and the western world?

A

The Beijing Rules

The Convention on the Human Rights of Children

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3
Q

What are some of the principles according to international human rights?

A
Diversion
Participation
Best interest of the child
Community protection
Prohibition of cruel, inhuman or degrading punishment
Range of options
Proportionality
Review
Detention last resort
Detention for short period
Freedom from arbitrariness
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